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

A commissioner may resign office at any time.

A commissioner who, after election, becomes ineligible to continue to act must resign.

A commissioner who is acting as a mandatory of a creditor and ceases to act for the creditor must resign.

If there are no other commissioners the trustee should either call a meeting of creditors, or advise the creditors of their right under Schedule 6, Part 1 of the Act to request a meeting for the purpose of electing a new commissioner.

If requested by creditors representing one tenth in number, or one third in value, the trustee should convene a meeting in accordance with Schedule 6, Part 1 of the Act (see section 18.5).

When no commissioner is in post AiB will assume these duties.