Petition by qualified creditor
12.—(1) A qualified creditor who has not been sent the documents mentioned in regulation 8 or who has notified the trustee of objection to the trust deed within the relevant period may present a petition to the sheriff for sequestration of the debtor’s estate–
(a)not later than 5 weeks after the date of publication of the notice under regulation 7; or
(b)subject to section 8(1)(b) of the Act, at any time if the creditor avers that the provision for distribution of the estate is or is likely to be unduly prejudicial to a creditor or class of creditors.
(2) The sheriff may award sequestration in pursuance of paragraph (1)(a) if he or she considers that to do so would be in the best interests of the creditors.
(3) The sheriff will award sequestration in pursuance of paragraph (1)(b) if, but only if, he or she is satisfied that the creditor’s said averment is correct.