Administration of bankruptcy
1AF1Supervisory functions of the Accountant in Bankruptcy.
1
The Accountant in Bankruptcy shall have the following general functions in the administration of sequestration and personal insolvency—
a
the supervision of the performance by—
i
interim trustees (not being the Accountant in Bankruptcy);
ii
F2trustees (not being the Accountant in Bankruptcy); and
F3iia
trustees under protected trust deeds;
iii
commissioners, of the functions conferred on them by this Act or any other enactment (including an enactment contained in subordinate legislation) or any rule of law and the investigation of any complaints made against them;
F4aa
the determination of debtor applications;
b
the maintenance of a register (in this Act referred to as the “register of insolvencies”), in such form as may be prescribed by the Court of Session by act of sederunt, which shall contain particulars of—
i
estates which have been sequestrated; F5. . .
ii
trust deeds which have been sent to him for registration F6. . . ;
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bankruptcy restrictions orders, interim bankruptcy restrictions orders and bankruptcy restrictions undertakings;
F8and
iii
the winding up and receivership of business associations which the Court of Session has jurisdiction to wind up.
c
the preparation of an annual report which shall be presented to the Secretary of State and the Court of Session and shall contain—
i
statistical information relating to the state of all sequestrations F9and the winding up and receivership of business associationsof which particulars have been registered in the register of insolvencies during the year to which the report relates;
ii
particulars of trust deeds registered as protected trust deeds in that year; and
iii
particulars of the performance of the Accountant in Bankruptcy’s functions under this Act; F10. . .
d
such other functions as may from time to time be conferred on him by the Secretary of State;F11 and
e
in this subsection “business association” has the meaning given in Section C2 of Part II of Schedule 5 to the Scotland Act 1998.
2
If it appears to the Accountant in Bankruptcy that a person mentioned in paragraph (a) of subsection (1) above has failed without reasonable excuse to perform a duty imposed on him by any provision of this Act or by any other enactment (including an enactment contained in subordinate legislation) or by any rule of law, he shall report the matter to the F12sheriff who , after hearing that person on the matter, may remove him from office or censure him or make such other order as the circumstances of the case may require.
3
Where the Accountant in Bankruptcy has reasonable grounds to suspect that an offence has been committed—
a
by a person mentioned in paragraph (a) of subsection (1) above in the performance of his functions under this Act or any other enactment (including an enactment contained in subordinate legislation) or any rule of law; or
b
in relation to a sequestration, by the debtor in respect of his assets, his dealings with them or his conduct in relation to his business or financial affairs; or
c
in relation to a sequestration, by a person other than the debtor in that person’s dealings with the debtor, the interim trustee or the F13. . . trustee in respect of the debtor’s assets, business or financial affairs,
he shall report the matter to the Lord Advocate.
4
The Accountant in Bankruptcy shall—
a
make the register of insolvencies, at all reasonable times, available for inspection; and
b
provide any person, on request, with a certified copy of any entry in the register.