Question reference: S4W-30305
- Asked by: John Pentland, MSP for Motherwell and Wishaw, Scottish Labour
- Date lodged: 3 March 2016
-
Current status: Answered by Fergus Ewing on 15 March 2016
Question
To ask the Scottish Government what its position is on the Accountant in Bankruptcy, in acting as commissioners to support trustees, carrying on the sequestration of an individual for 20 years at a cost to their estate in excess of £300,000, while providing no return for the creditors.
Answer
The Bankruptcy (Scotland) Act 1985, as amended, clearly sets out the position in relation to the audit and determination of trustees’ fees and outlays and the power that any interested party has to appeal the determination or challenge any act, omission or decision of a trustee, in the Sheriff Court. This legal provision ensures the actions of the AiB and a trustee can be subject to independent judicial scrutiny.