The holder of this office in Scotland is the official who supervises powers and orders related to adults with incapacity under the Adults with Incapacity (Scotland) Act 2000 asp 4 and related regulations.

The Office of the Public Guardian (Scotland) has announced that fees payable to the public guardian will increase from 1 April 2026. The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2026, SSI 2026/81, set out the revised fee structure. The changes include: (1) an increase to £99 for submitting a power of attorney document for registration and, (2) an increase to £110 for the registration of intervention orders, guardianship orders and access to funds applications under SSI 2026/81, Pt 3.

A generic term for an Insolvency Practitioner or Official Receiver holding office by acting either as a Trustee in bankruptcy, a Liquidator, a Provisional liquidator, an Administrator, an Administrative receiver or a Supervisor of a Company voluntary arrangement (CVA) or an Individual voluntary arrangement (IVA).

Why indemnities and security are required When an insolvency practitioner takes office they have a duty of care to creditors to act bona fide in their best interests. Depending on the circumstances of the case, an office-holder may find themselves trading a company for a while or completing or taking on contracts and need to protect themselves from personal liability while doing so. Most office-holders will exclude their own personal liability when they are entering contracts and will ensure they sign any documents as the office-holder, not in their personal capacity. However, they may be unable to fully exclude liability and may need to rely on both statutory indemnities, where available, and additional creditor indemnities. Indemnities will have differing degrees of importance to office-holders, depending on the office they hold and the steps they are required to take while in office. Personal liability The extent of personal liability for an office-holder depends on what office they are holding and to what degree they are personally liable within their role. In bankruptcy, the bankrupt’s

Remuneration The remuneration of office-holders in both corporate and personal insolvencies is dealt with in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. Any court considering the question of office-holder remuneration will also apply part six of the Practice Direction on Insolvency Proceedings (PDIP). In addition, office-holders should take Statement of Insolvency Practice (SIP) 9 into consideration, which provides guidelines on the basis of remuneration. While not legally binding, SIPs are best practice and failure to follow them could lead to disciplinary action. Given that an office-holder's remuneration is payable from the assets of the relevant insolvent estate as part of the expenses, creditors have a direct interest in the level of their remuneration. The legislation recognises this and allows for creditors to determine the basis of an office-holder's remuneration. In large or complex insolvencies (such as liquidation, administration and bankruptcy), creditors may form a committee, with a minimum of three and a maximum of five members. While the committee may determine the basis of the office-holder's remuneration,

Restructuring & Insolvency analysis: Due to financial difficulties, the company entered creditors’ voluntary liquidation (CVL). The only creditor who attended and voted at the creditors’ meeting was Mr Davies, the sole director of the company, who voted upon the basis of outstanding salary and rent of £6,495. A resolution in respect of the liquidator’s remuneration was passed by that vote. Once in office, the liquidator wrote to Mr Davies to obtain explanations for various payments made by the company of circa £15,000, which eventually he agreed to repay. The office-holder was concerned that the resolution passed was not valid because the director was not a creditor but was in fact a net debtor. The court heard an application for declarations and held that (a) the application was reasonably brought, and (b) notwithstanding the director was not a true creditor at the time of the resolution for remuneration, the resolution was validly passed. Written by Amit Gupta, barrister at Enterprise Chambers, who acted for the liquidator in this case.

This Practice Note looks at the characteristics of an office-holder, whether they can also be employees or workers, the specific equality rights that they have and the issues that arise in respect of police, religious ministers and priests, judges and directors. Characteristics of office-holders An office-holder is generally a person that is appointed to a position, often by a company or other organisation, but who does not necessarily have a contract in respect of that position. Examples of appointments that may result in office-holder status are: • statutory appointments, such as registered company directors or secretaries, board members of statutory bodies, or crown appointments • appointments under the internal constitution of an organisation, such as club treasurers or trade union secretaries • appointments under a trust deed, eg trustees • ecclesiastical appointment, eg church ministers An office-holder's rights and duties are defined by the nature of the office held rather than by any contract. An 'office' in this context means a subsisting, permanent, substantive position which has an existence independent of the person who fills it, which goes

A local authority employee or member of staff.

A director or member or secretary.

[Insert company name] The undersigned, [insert name] and [insert name], do hereby certify that they are the duly elected, qualified and acting [insert title, eg President] and [insert title, eg Chief Financial Officer], respectively, of [insert company name], a [insert nature of company] (the Company), and do hereby further certify as follows pursuant to Section [insert Section number] of that certain Underwriting Agreement, dated [insert date], 20[insert year] by and among the Company, the

Official Injury Claim has published the claims data report for the period between 1 October 2023 to 31 December 2023. The report has provided in-depth personal injury claim data on the volume of claims, representation, types of claims, settlement, claims exiting the portal, liability, the portal support centre and system cooperation. The report has stated that 67,258 claims were made during this reporting period, with 39,022 liability decisions and 31,100 cases being settled.

The Official Injury Claim (OIC) has published its monthly data reporting. OIC introduced the monthly data reporting system, augmenting its existing quarterly publications. This initiative, which commenced in January 2023, offers comprehensive data from the service's inception in May 2021 up to October 2024. The report provides detailed metrics on claims volume, settlements, exceptional injuries and circumstances, claims exiting the portal, and liability issues. By presenting raw data in a tabular format, the service aims to enhance transparency and accessibility for stakeholders.