Accountant in bankruptcy practitioners and solicitors: FOI release

Information requested

In the AIB’s last financial year, what percentage of the (a) averaged yearly headcount and (b) employment costs are represented by employees who are:

(a) qualified insolvency practitioners, regulated by an independent body

(b) solicitors who specialise in insolvency law.

Response

In the last financial year AiB have no employees who are qualified insolvency practitioners or solicitors who specialise in insolvency law.

Employees of AiB are civil servants and undertake their duties in accordance with section 201(1) of the Bankruptcy (Scotland) Act 2016 (The Act):

• The functions of AiB, other than functions conferred by section 200, may be carried out on AiB’s behalf by any member of AiB’s staff authorised by AiB to do so.

AiB’s behalf by any member of AiB’s staff authorised by AiB to do so.

AiB does offer staff the opportunity to obtain recognised insolvency qualifications. At this time these are not at a level requiring regulation by an independent body.

However, section 201(2) of the Act states:

• Without prejudice to subsection (1), AiB may appoint, on such terms and conditions as AiB considers appropriate, such persons as AiB considers fit to perform on AiB’s behalf any of AiB’s functions in respect of the sequestration of the estate of any debtor.

AiB has exercised this right through a procurement exercise and appointed two insolvency firms, with qualified insolvency practitioners, to carry out administration of bankruptcy cases on behalf of AiB. Information in relation to these appointments can be found on the AiB website at Contracted out insolvency services | Accountant in Bankruptcy (aib.gov.uk).

Also, section 204 (Conduct of proceeding in the sheriff court) of the Act states:
(1) A person authorised by AiB may conduct civil proceedings in the sheriff court in relation to a function of AiB (including the functions listed in section 200).
(2) In subsection (1), “civil proceedings” are proceedings which are not in respect of an offence.

AiB has exercised this right through a procurement exercise and appointed one main legal firm, with qualified insolvency solicitors, and one back up firm in case of conflict, to carry out legal work on behalf of AiB. Information in relation to these appointments can be found on the AiB website at Supply of Legal Services | Accountant in Bankruptcy (aib.gov.uk)

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