Is Your Sequestration Public On The Register Of Insolvencies?
Yes. The Accountant in Bankruptcy maintains the register under section 200(1)(c) of the Bankruptcy (Scotland) Act 2016, and section 200(7) requires it to be available for inspection by anyone.
For a lot of people this is the hardest part of sequestration to accept. The debts feel private and the register is not.
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Free, confidential and no obligation.The question everybody actually arrives with is how long the entry lasts. The honest answer is that no period is set by the Act or the regulations at all.
What exists instead is guidance, and the two official sources give different answers. Neither of them is law and neither of them is wrong to publish.
What follows is what the register holds, who looks at it, and what each published source says about the period. How sequestration works covers the process around it.
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What is the Register of Insolvencies and who keeps it?
It is the statutory public register of Scottish insolvency, kept by the Accountant in Bankruptcy. It is not a court record and it is not a credit file.
The statutory basics
| The point | The position | Where it comes from |
|---|---|---|
| Who keeps it | The Accountant in Bankruptcy | Section 200(1)(c) of the 2016 Act |
| What form it takes | The form specified in schedule 2 to the 2016 Regulations | Regulation 30(1) |
| What goes on it | Moratorium notices, sequestrated estates, trust deeds sent for registration, bankruptcy restrictions orders and interim orders, and corporate insolvency | Section 200(2) |
| Who may look | Anyone. It must be available for inspection at all reasonable times | Section 200(7)(a) |
| Copies | Any person may request a certified copy of an entry | Section 200(7)(b) |
| What it costs | The Accountant in Bankruptcy's online search is free to use | The implementation of section 200(7), rather than a separate rule |
| When information can be left out | Where inclusion would be likely to put a person at risk of violence or jeopardise anyone's safety or welfare | Section 200(8) and regulation 30(2) |
Regulation 30(1) requires the register to be kept in the form specified in schedule 2 to the regulations, which is where the fields are prescribed.
What the official page does not tell you
The Scottish Government’s own page on the register runs to fewer than a hundred words. It explains what the register contains and links to the search, and it never answers the question people arrive with.
That gap is why so many different figures are in circulation. Everything below is attributed to whoever actually says it.
It is not only about bankruptcy
Section 200(2) puts trust deeds sent for registration and moratorium notices on the same register, along with bankruptcy restrictions orders and corporate insolvency.
So an entry does not tell a reader on its own which solution somebody used. The Accountant in Bankruptcy’s own register page is linked from mygov.scot with individual and company searches.
What does the register actually show about you?
More than most people expect. Appendix A to the Accountant in Bankruptcy’s notes for guidance sets out every field it holds.
The fields that matter to a reader
| The category | What is held |
|---|---|
| Who you are | First name, surname, other names and any alias |
| Where you live | Home address, and a former address |
| Personal details | Date of birth, and occupation |
| The case | Where sequestration was awarded, and whether it was awarded under the Minimal Asset Process |
| The money | Level of debt and level of assets, as per the statement of affairs at the date of bankruptcy |
| The dates | Your discharge date, the trustee's discharge date, and the date of any bankruptcy restrictions order |
Your home address, date of birth, occupation and the level of debt at the date of bankruptcy are all in there. That is a real consequence and it is not on any page currently ranking for this query.
A moratorium puts you on it before any award
Section 200(2)(a) enters particulars of a person who has given notice of intention to apply for sequestration, and the moratorium period runs from the day that entry is made.
So the register is the mechanism as well as the record. Taking a moratorium is a public step, which is worth knowing before you take one.
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Free, confidential and no obligation.Who can search it, and does it cost anything?
Anyone, and no. There is no permission to obtain and no notification when somebody looks you up.
The right to search is statutory
Section 200(7) requires the register to be made available for inspection at all reasonable times, and requires a certified copy of an entry to be provided to any person on request.
The free online search is how that duty is met rather than a separate legal rule. There is no list of who has searched your name.
There is no charge and no gatekeeping
You do not need a reason to search, an account or a permitted purpose. That is the difference between a public register and a credit file.
Who realistically looks
Creditors, sheriff officers, insolvency practitioners and credit reference agencies use it as a matter of routine. Whether you have to tell a new employer covers the employment side of that.
It is also how a creditor verifies an award in about a minute. What sequestration does to diligence explains why that verification matters.
How long does a sequestration stay on the register?
No statutory period exists. Neither section 200 nor regulation 30 contains one.
Five answers are in circulation and they do not reconcile
| The source | What it says | What kind of statement it is |
|---|---|---|
| The Bankruptcy (Scotland) Act 2016, section 200 | Nothing. There is no retention period in it | Statute |
| Regulation 30 of the 2016 Regulations | Nothing. There is no retention period in it either | Regulations |
| The Accountant in Bankruptcy's notes for guidance 17.3 | The longer of one year after the trustee's discharge, one year after a recall, or one year after a restrictions order ends | Published administrative practice |
| The Accountant in Bankruptcy's debtor guide | One year after your trustee obtained their discharge | Guidance for debtors |
| mygov.scot | At least 5 years from the date of bankruptcy, and 18 months from that date for a Minimal Asset Process | Scottish Government guidance |
The notes for guidance give a formula that tracks events rather than a fixed number, while mygov.scot gives flat figures. Both are guidance.
Why a formula and a flat figure cannot both be right
One is outcome driven and moves with the trustee’s work. The other is a fixed number counted from the award.
They will only ever coincide by accident. We have not reconciled them and we are not going to invent a number that does.
Commercial pages fill the gap with numbers of their own
Two years, five years and one year after the trustee’s discharge are all in print across the pages ranking for this query. One charity gives five years on its sequestration page and at least two years on its own Minimal Asset Process page.
None of those is a legal period, because there is no legal period to state. Treat any page that gives you a flat figure without naming its source with some caution.
Appendix A settles it a third way
The Accountant in Bankruptcy’s own list of what the register holds runs to nine headings and contains no retention or removal rule at all.
For the Minimal Asset Process the published figures differ again. How long a MAP stays on the register goes through those.
Why does the entry outlast your discharge?
Because the practice that is published ties removal to the trustee’s discharge, and that is a different event from yours. The Accountant in Bankruptcy’s debtor guide says details remain for one year after the trustee obtained their discharge.
Three separate endings, three separate dates
Discharge frees you from the debts it covers, but it does not end the sequestration. Your trustee carries on, a debtor contribution order carries on, and the estate is still being dealt with.
Your own discharge normally comes twelve months after the award, and the trustee’s discharge is a separate event under sections 148 to 151 once the estate has been dealt with. What a trustee in sequestration does sets out the work in between.
Why the two are often confused
Both are called a discharge and both come with a certificate. One releases you from the debts and the other releases the trustee from liability for administering the estate.
The register follows the second one on the practice that is published. That is why an entry can still be there long after you have stopped thinking about the case.
The payments run past your discharge as well
It normally runs for 48 months, which is longer than the twelve months to discharge. The payments carry on after you are discharged.
So discharge does not end the case, clear the register or stop the contribution. Whether discharge ends everything at twelve months deals with all three, and how long a sequestration lasts sets the clocks side by side.
Can your details be kept off the register?
In one narrow situation, yes. It is a safety provision rather than a privacy option.
The test
Regulation 30(2) provides that information need not be included where the Accountant in Bankruptcy is of the opinion that including it would be likely to put any person at risk of violence, or otherwise jeopardise the safety or welfare of any person.
Section 200(8) is the enabling power behind it. The wording covers any person, not only the debtor.
What it is for
It exists for situations such as domestic abuse, where publishing an address could put somebody in danger. It is not a route for keeping a bankruptcy quiet.
Raise it before the application goes in
This is a point for your money adviser to put to the Accountant in Bankruptcy at the right moment. Making it after publication is a much harder conversation.
There is no general right to have an entry removed early, and no route based on embarrassment or on a new job.
Is the register the same as your credit file?
No, and the two are unrelated. Different holders, different rules and different timescales.
The two records side by side
| The point | Register of Insolvencies | Your credit file |
|---|---|---|
| Who holds it | The Accountant in Bankruptcy | Equifax, Experian and TransUnion, each separately |
| What it is | A statutory public register | A commercial credit reference file |
| Who can see it | Anyone, free of charge | Lenders and others with a permitted reason, and you |
| How long | No period is set by the Act or the regulations | No statute, statutory instrument or regulator's rule sets a period either |
| What is published about the period | AiB and mygov.scot give different answers | The agencies publish their own retention schedules, and they differ from each other |
mygov.scot, National Debtline and Citizens Advice Scotland all give around six years for a bankruptcy on a credit file, and none of them is describing a statutory rule.
The register emptying and the file clearing are separate events that do not set each other. How sequestration affects your credit file deals with the file in detail.
What being on the register changes day to day
For most people, very little on its own. The practical consequences come from the credit disclosure duties and from a small number of restricted roles, which which jobs sequestration affects sets out with a statute for each one.
While you are undischarged you must tell a lender you are bankrupt if you are borrowing £2,000 or more, or any amount at all if you already owe £1,000 or more.
That is section 218(13), with the definitions in section 219(2), and both have been in force since 30 November 2016. Neither figure has been changed since.
There is no such thing as a bankruptcy restrictions undertaking in Scotland. The 2016 Act provides for orders and interim orders only, and undertakings belong to the law of England and Wales.
Frequently asked questions
How long will my bankruptcy be on the Register of Insolvencies?
Neither section 200 of the 2016 Act nor regulation 30 of the 2016 Regulations sets a period. The Accountant in Bankruptcy’s published practice is one year after the trustee’s discharge, and mygov.scot gives at least 5 years from the date of bankruptcy.
Does my entry come off when I am discharged?
No. The published practice ties removal to the trustee’s discharge, which is a separate and later event than your own.
How do I search the Register of Insolvencies?
The Accountant in Bankruptcy provides individual and company searches online and there is no charge. Section 200(7) also entitles any person to request a certified copy of an entry.
What details of mine are published?
Appendix A to the Accountant in Bankruptcy’s notes for guidance lists your name, home address, a former address, date of birth and occupation, along with the level of debt and assets at the date of bankruptcy.
Is a trust deed on the same register?
Yes. Section 200(2)(c) puts trust deeds sent to the Accountant in Bankruptcy for registration on the register alongside sequestrated estates.
Does a moratorium go on the register?
Yes, before any award is made. Section 200(2)(a) enters particulars of a person who has given notice of intention to apply, and the moratorium period runs from the day the entry is made.
Can I ask for my name to be removed early?
There is no general right to early removal. Regulation 30(2) only allows information to be left out where including it would be likely to put a person at risk of violence or jeopardise anyone’s safety or welfare.
Is being on the register the same as a bad credit rating?
No, they are separate records held by different organisations. No statute sets a period for either, and the credit reference agencies publish their own retention schedules.
Related guides
- How Long Does MAP Bankruptcy Stay On The Register Of Insolvencies? There is no statutory retention period. What the Register of Insolvencies records, who can search it, and why your credit file lasts far longer.
- How Does Sequestration Affect Your Credit File In Scotland? Why six years comes from agency policy rather than statute, how the entry reaches your file, and what happens to the accounts behind it.
- Does Discharge From Sequestration End Everything After 12 Months? What discharge releases, what keeps running afterwards, how the trustee's own discharge differs, and when yours can be delayed.
- Do You Have To Tell A New Employer You Are Sequestrated? Where a real duty to disclose comes from, how an employer might find out anyway, and what to do when an application form asks.
- Which Jobs And Professions Does Sequestration Affect In Scotland? The five roles closed off by statute, what the company director rule says, where the position is unresolved, and how long it lasts.
- How Long Does Sequestration Last In Scotland? When discharge comes, why twelve months is a decision rather than a date, what carries on afterwards, and how long the record lasts.
- What Does A Trustee In Sequestration Do? Who acts as your trustee, the section 50 duties, what happens to the things you own, and when the trustee's job finally ends.
- How Does Sequestration Work In Scotland? The three routes in, who becomes your trustee, what you pay, what happens to the things you own, and what discharge does not clear.
- Does Sequestration Stop Sheriff Officers And Other Diligence? What an award ends, what a moratorium does before it, which debts can still be enforced, and what replaces the deduction.
- Which Is Better, A Trust Deed Or Sequestration In Scotland? How the two compare on qualifying, your home and car, cost, length, credit file, and which one stops a wage arrestment sooner.
Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, National Debtline and Advice Direct Scotland.