Accountant in Bankruptcy is an Agency of the Scottish Government in terms of the Scotland Act 1998. The Chief Executive is also the Accountant in Bankruptcy (the Accountant), who is an independent statutory officer appointed under Section 1 of the Bankruptcy (Scotland) Act 1985 as amended.

The Accountant in Bankruptcy has responsibility for certain statutory functions in Scotland, including the following:

— Act as trustee in all sequestrations awarded by The Accountant in Bankruptcy, where The Accountant does not appoint a person to be the trustee (by virtue of Section 2(1B) of the Act).

— Act as Trustee in all sequestrations awarded by the sheriff courts, where a sheriff does not appoint a person to be trustee (by virtue of Section 2(2C) of the Act).

— Act as interim trustee before the award of sequestration, if appointed by the sheriff, except those where an alternative interim trustee is appointed when nominated by the petitioning creditor (by virtue of Section 2(6)(b) of the Act).

— Act as trustee on the resignation or death of the originial trustee and no new trustee is elected (by virtue of Sections 28(5)(a) and 28A(2)(b) of the Act).

The Accountant in Bankruptcy requires the services of providers to administer bankruptcy cases where she has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 1985 as amended. They will be appointed to act on behalf of the Accountant in Bankruptcy. The Accountant in Bankruptcy will remain the Trustee throughout.