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Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

6. Commissioners

This section refers to Part 4 of the Act, section 76 to 77.

New or additional commissioners can be elected at the statutory meeting, or any subsequent meeting of creditors under section 49(7) of the Act. No more than five commissioners shall hold office in a bankruptcy at any one time.

The trustee should ensure creditors are aware of the role and responsibilities of a commissioner before they agree to be put forward for election (see section 16).

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