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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.

6.4 Removal of commissioners

A commissioner can be removed:

  • by the creditors at a meeting called for this purpose
  • by order of the sheriff if they are satisfied that the commissioner is no longer acting in the interests of the efficient conduct of the sequestration
  • if their debt is settled out with the bankruptcy
  • if the commissioner is acting as a mandatory of a creditor and the creditor intimates in writing to the trustee that the mandate has been recalled

6.4.1 Debt settled/mandate recalled

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.

The trustee should convene a meeting at the request of creditors representing one tenth in number or one third in value of the creditors. The meeting should be held 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.

6.4.2 Application to the sheriff

An application to the sheriff may be made by:

  • the trustee
  • a person representing not less than one quarter value of the creditors
  • the Accountant

The sheriff must:

  • order intimation of the application to be served on the commissioner and any creditor who gave a mandate to the commissioner
  • provide the commissioner the opportunity to make representations

The sheriff may:

  • remove the commissioner from office
  • make an order as they think fit

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

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