Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Part 3 Enforcement

Investigation of judicial officers

70 Commission’s power in relation to judicial officer’s bankruptcy etc.

(1) This section applies where the Commission—

(a) becomes aware (whether by the judicial officer notifying it under section 62(1) of this Act or otherwise) that an event mentioned in subsection (2) of that section has occurred; and

(b) considers that the occurrence of that event or circumstances surrounding it, although falling short of misconduct and not involving the commission of an offence, give rise to concerns about—

(i) the officer;

(ii) the exercise by the officer of that officer’s functions; or

(iii) the undertaking by that officer of activities.

(2) The Commission may refer the matter to the disciplinary committee to be dealt with under section 71 of this Act.