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

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.