Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“Because of the pure breadth and depth of black letter law research and practical guidance that LexisNexis provides, we don't have to rely on counsel as much as perhaps firms that don't use LexisNexis.”

KaurMaxwell

Access all documents on Commissioner

Commissioner meaning

What does Commissioner mean?
In Scottish personal insolvency practice, a commissioner is a creditor (or an authorised representative of a creditor) elected by the creditors to act for the general body of creditors by overseeing the trustee in a sequestration or under a trust deed (including a protected trust deed). In sequestration, the role is provided for in the Bankruptcy (Scotland) Act 2016. Commissioners typically supervise the trustee’s conduct, consider and audit accounts, approve or fix the trustee’s remuneration and expenses, and give or withhold consents or directions where required. They do not manage the estate and are not officers of the court; their duty is to act impartially in the collective interests of creditors. In trust deeds, the appointment and powers of commissioners derive mainly from the terms of the deed and established practice rather than detailed statutory prescription, but the oversight function is similar. The term is not generally used in England & Wales, Northern Ireland or Ireland, where analogous creditor oversight is usually exercised by a creditors’ committee or committee of inspection, depending on the procedure.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Commissioner

CHECKLISTS
IPA 2016 Part 3 communications data: UK public authorities, permitted purposes, data categories and authorisation routes (Investigatory Powers Commissioner and DSOs) - practitioner checklist

The Investigatory Powers Act 2016 (IPA 2016) reshapes the statutory regime governing covert surveillance conducted by public authorities, a regime largely, but not entirely, previously contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). This Checklist carefully sets out those public authorities that hold the power to apply for authorisation to obtain communications data under IPA 2016, Pt 3, preserving the established focus and scope throughout. Authorisations to secure communications data may only be granted where defined conditions are satisfied, by the Investigatory Powers Commissioner under IPA 2016, s 60A, by designated senior officers under IPA 2016, s 61, or by designated senior officers in urgent circumstances under IPA 2016, s 61A. In operational practice, the Office for Communications Data Authorisations carries out this function on the Commissioner’s behalf. The table below specifies which public authorities may apply to access communications data, the kinds of communications data they are permitted to request, together with the purposes for which such data may be obtained, whether...

Read More Right Arrow
CHECKLISTS
UK GDPR and Data Protection Act 2018 for insolvency practitioners: practical compliance checklist for office-holders and advisers

The general (that is, not linked to specialist fields such as law enforcement) data protection laws in the UK consist of: Assimilated Regulation (EU) 2016/679 — the UK General Data Protection Regulation (UK GDPR), a version of Regulation (EU) 2016/679 (EU GDPR) incorporated into UK law following Brexit; the relevant provisions of the Data Protection Act 2018 covering general personal data processing, the powers of the Information Commissioner, and sanctions and enforcement. For further detail, see Practice Note: The UK General Data Protection Regulation (UK GDPR). UK GDPR The UK GDPR sets requirements for anyone who processes personal data—covering both data controllers and data processors. An Insolvency Practitioner (IP) may act in either or both capacities. Their duties stem both from their formal appointments and from any position they hold within an organisation. In the former context, they will handle data controlled by the insolvent individual or entity, as well as information they obtain during the course of the...

Read More Right Arrow

View the related Flowcharts about Commissioner

FLOWCHARTS
Ireland: EU GDPR data subject requests-flowchart for handling access, rectification, erasure, restriction and portability, identity checks, time limits, complexity, unfounded/excessive requests, refusals, response format and temporary processing restrictions (DPC guidance)

The EU General Data Protection Regulation (EU GDPR) sets out several rights for data subjects, including the right to access their personal data, and rights to rectification, erasure, restriction of processing and data portability. Data subjects may ask an organisation to exercise one or more of these rights at any time, and strict deadlines apply to meeting such requests. For comprehensive guidance on managing data subject access requests, see Practice Note: Ireland-How to handle data subject access requests. This Flowchart outlines a process for dealing with data subject requests made under the EU GDPR. It reflects the Regulation’s requirements alongside guidance issued by the Data Protection Commissioner (DPC), and should be read with Practice Note: Ireland-How to handle data subject access requests and Ireland-Evaluating a data subject access request-flowchart, where relevant. Note 1-data subject requests The EU GDPR grants data subjects a number of rights, including: a right of access to their personal data rights to rectification, erasure and restriction of processing a...

Read More Right Arrow

View the related News about Commissioner

NEWS
UK and EU environmental law weekly: consultations, policy and case updates across climate, hydrogen, buildings, enforcement, nuclear, ESG, chemicals (PFAS), biodiversity, waste and water—9 October 2025

In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Greenhouse Gas Removals (GGR)-UK government publishes Business Model documentation On 27 August 2025, the Department for Energy Security and Net Zero (DESNZ) released a suite of papers on its proposed Greenhouse Gas Removals (GGR) Business Model and accompanying policy. The Lexis+ Energy team, working with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School, set out the context for the GGR Business Model; its relationship with the Power BECCS Business Model; the technologies the GGR framework intends to encompass; its legal footing and principal features; and how...

Read More Right Arrow
NEWS
UK and Ireland employment law: weekly case law and regulatory updates, directors’ duties, worker status, AI recruitment, discrimination, maternity, FCA misconduct, data, fraud, tribunals, 7 November 2024

In this issue: Horizon scanning Directors Status and worker categories Cross-border, international and jurisdictional issues Recruitment Protected characteristics Prohibited Conduct (discrimination etc) Diversity and gender pay gap Maternity, parents and carers Financial services and banking: employment issues Data protection and employee information Bribery, modern slavery, tax evasion and fraud Employment Tribunals Scotland Ireland LexTalk®Employment: a Lexis®Nexis community Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Horizon scanning BTC launches call for evidence on Employment Rights Bill The Business and Trade Committee (BTC) has opened its first request for evidence for a new inquiry into the Employment Rights Bill (ERB). The inquiry will collect written and oral submissions to steer the Bill’s subsequent passage through Parliament and to gauge whether it is set to meet its stated aims. Written evidence should be submitted by Friday...

Read More Right Arrow
NEWS
Abbot v Information Commissioner [2024] UKFTT 478 (GRC): EIR 2004 reg 12(5)(b) justifies withholding privileged planning advice; ICO decision upheld

Abbot v The Information Commissioner [2024] UKFTT 478 (GRC) What are the practical implications of this case? This ruling mirrors the approach in other recent decisions on the operation of the exception to disclosure under EIR 2004, SI 2004/3391, reg 12(5)(b), again stressing the considerable weight that legal professional privilege carries within our justice system. It therefore highlights the obstacles applicants will encounter when attempting to access documents protected by legal professional privilege, and that only ‘special or unusual’ circumstances are likely to be sufficient for the public interest in disclosure to prevail over the interest in preserving legal professional privilege. That said, legal professional privilege was not the Tribunal’s only concern when concluding that EIR 2004, SI 2004/3391, reg 12(5)(b) applied. The Tribunal indicated that the exception would have been engaged even without legal professional privilege, particularly because releasing the material would not have added anything of substance to what is already in the public domain. As such, the analysis turned on whether disclosure would materially add...

Read More Right Arrow

View the related Practice Notes about Commissioner

PRACTICE NOTES
Agricultural holdings disputes in Scotland: Scottish Land Court jurisdiction, exceptions, procedures and remedies; arbitration, mediation and appeals

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

Read More Right Arrow
PRACTICE NOTES
UK Listing Rules reform 2024: commercial companies, shell and international secondary listings; categories, eligibility, significant and related-party transactions, sponsor regime and transitional mapping

This fundamentals note reviews the wide-ranging overhaul of the UK listing regime that came into force on 29 July 2024. It also outlines the core provisions affecting companies seeking, or already holding, a listing as described in the UK Listing Rules sourcebook, including: Equity shares (commercial companies) International commercial companies secondary listing Shell companies Transition category What is the background to the UK listing regime reforms? Post-Brexit, with scope to depart from EU capital markets rules, the government announced an independent review of the UK listing regime in November 2020. Led by Lord Hill, a former EU financial services commissioner, the review aimed to make the UK more attractive for IPOs and improve capital raising on UK markets. The UK Listing Review Report, released in March 2021, set out a series of recommendations for both the government and the FCA. It noted a decline in London IPO activity in recent years—between 2015 and 2020 London accounted for just 5% of...

Read More Right Arrow
PRACTICE NOTES
UK GDPR lawful bases for personal data processing: consent, contract, legal obligation, vital interests, public task and legitimate interests, with DUAA 2025 updates and Article 9/10 conditions

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, transforming into the Data (Use and Access) Act 2025 (DUAA 2025) and taking partial effect on that same date. Provisions of DUAA 2025 dealing with issues such as handling data subject access requests, and granting the power to make further regulations, commenced immediately on 19 June 2025. Other elements, relating to notices issued by the Information Commissioner and certain facets of law enforcement processing, began to apply on 19 August 2025 (being two months from the date of Royal Assent). The bulk of DUAA 2025’s measures will only commence once additional regulations, by way of statutory instruments, are made and brought into force. Parts 5 and 6 of DUAA 2025 operate to revise and update areas of UK data protection and ePrivacy law within the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations...

Read More Right Arrow

View the related Precedents about Commissioner

PRECEDENTS
Precedent: Short-form Privacy Policy for UK General Commercial Organisations (UK GDPR, DPA 2018, PECR) with DUAA 2025 Implementation Notes

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, transforming into the Data (Use and Access) Act 2025 (DUAA 2025), with partial commencement on that very same day. A number of DUAA 2025 provisions, covering areas like handling data subject access requests and granting powers to make additional regulations, took effect immediately on 19 June 2025. Other related provisions, relating to Information Commissioner notices and certain aspects of law enforcement processing, commenced on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s measures still require further regulations, in the form of statutory instruments, to be made in order to bring them fully into force. Parts 5 and 6 of DUAA 2025 serve to amend several facets of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI...

Read More Right Arrow
PRECEDENTS
UK GDPR: 2021 EU SCCs with ICO UK Addendum, Module 4 processor to controller, for international transfers where processor combines data with personal data collected by it in the UK

FORTHCOMING CHANGE On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, thereby transforming into the Data (Use and Access) Act 2025 (DUAA 2025) and taking partial effect immediately on that same day. Parts 5 and 6 modify elements of UK data protection and ePrivacy law across the domestic framework, expressly covering the United Kingdom General Data Protection Regulation, the Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426, as relevant measures. Some DUAA 2025 measures, addressing issues like handling data subject access requests and granting authority to make further regulations, also commenced straightaway on 19 June 2025 without delay. Other elements, relating to notices from the Information Commissioner and certain facets of law enforcement processing, take effect on 19 August 2025 (two months after Royal Assent was given). Most DUAA 2025 provisions depend on subsequent regulations (as statutory instruments) being made before they commence and, until then, remain dormant...

Read More Right Arrow
PRECEDENTS
Precedent mobile app privacy policy (UK): UK GDPR, DPA 2018 and PECR compliant; optional location and AR clauses; updated for the Data (Use and Access) Act 2025

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent and became the Data (Use and Access) Act 2025 (DUAA 2025), with parts commencing that day. Measures that started immediately on 19 June 2025 included those on handling data subject access requests and the grant of powers to make further regulations. Other elements, relating to notices issued by the Information Commissioner and particular aspects of law enforcement processing, began on 19 August 2025, two months after Royal Assent. The bulk of DUAA 2025 will only take effect once additional regulations—issued as statutory instruments—are made to commence them. Parts 5 and 6 of DUAA 2025 introduce amendments to the UK’s data protection and ePrivacy regime, including: the United Kingdom General Data Protection Regulation; the assimilated Regulation (EU) 2016/679 (UK GDPR); the Data Protection Act 2018; and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426...

Read More Right Arrow

View the related Q&As about Commissioner

Q&As
Secretary of State: new data controller charge regulations—timing and fees

We have concentrated specifically on sections 108–110 of the Digital Economy Act 2017 (DEA 2017) and sections 132–133 of the draft Data Protection Bill 2017 (DPB 2017) for the purposes of this Q&A. Part III of the Data Protection Act 1998 (DPA 1998) obliges data controllers who handle personal data to notify the Information Commissioner of their processing for inclusion in the register maintained by the Information Commissioner’s Office (ICO). Controllers seeking to register must pay an applicable fee. For further details, consult the Data Protection (Notification and Notification Fees) Regulations 2000, SI 2000/188, and official guidance from the Information Commissioner...

Read More Right Arrow