Act of Sederunt (Sheriff Court Company Insolvency Rules 1986) Amendment 2003 No. 388

Amendment of Part V of the Rules

3.—(1) Part V of the Rules (general provisions) is amended in accordance with paragraph (2).

(2) After rule 31, insert–

“Applications under section 176A of the Act of 1986

31A.— (1) An application by a liquidator, administrator or receiver under section 176A of the Act of 1986(1) shall be–

(a) where there is no existing process in relation to any liquidation, administration or receivership, by petition; or

(b) where a process exists in relation to any liquidation, administration or receivership, by note in that process.

(2) The sheriff clerk shall–

(a) after lodging of any petition or note fix a hearing for the sheriff to consider an application under paragraph (1); and

(b) give notice of the hearing fixed under paragraph (2)(a) to the petitioner or noter.

(3) The petitioner or noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the sheriff directs otherwise.”.

(1)

Section 176A was inserted into the Act of 1986 by the Enterprise Act 2002 (c. 40), section 252.