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Act of Sederunt (Sheriff Court Company Insolvency Rules 1986) Amendment 2003

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Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Company Insolvency Rules 1986 ) Amendment 2003, and shall come into force on 15th September 2003.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

(3) In this Act of Sederunt, “the Rules” means the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986(1).

Amendment of Part II of the Rules

2.—(1) Part II of the Rules (administration orders) is amended in accordance with paragraphs (2) to (6).

(2) In the heading, for “ORDERS” substitute “PROCEDURE”.

(3) In rule 10–

(a)in paragraph (1), after “administration order” insert “or any other order in an administration”;

(b)for paragraph 1(c), substitute–

(c)how the making of that order will achieve–

(i)any of the purposes specified in section 8(3) of the Act of 1986(2); or

(ii)an objective specified in paragraph 3 of Schedule B1 to the Act of 1986(3);;

(c)in paragraph 1(g), for “an administration” substitute “that”;

(d)for paragraph 1(h), substitute–

(h)Council Regulation (EC) 1346/2000 of 29th May 2000 on insolvency proceedings(4)

(i)that so far as known to the petitioner, there are no other proceedings; or

(ii)whether the present proceedings are main or territorial proceedings;; and

(e)omit paragraph 2(b).

(4) In rule 11, for “2.2” substitute “2.3”.

(5) For rule 12, substitute–

Applications during an administration

12.  An application or appeal under any provision of the Act of 1986 or the Insolvency Rules during an administration shall be–

(a)where no previous application or appeal has been made, by petition; or

(b)where a petition for an order in respect of an administration has been made, by note in the process of that petition..

(6) For rule 14, substitute–

Report of administrator’s proposals: Schedule B1 to the Act of 1986

14.(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 discloses a failure to approve, or to approve a revision of, an administrator’s proposals.

(2) The sheriff clerk shall appoint a hearing for determination by the sheriff of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986.

Time and date of lodging in an administration

14A.(1) The time and date of lodging of a notice or document relating to an administration under the Act of 1986 or the Insolvency Rules shall be noted by the sheriff clerk upon the notice or document.

(2) Subject to any provision of the Insolvency Rules–

(a)where the time of lodging of a notice or document cannot be ascertained by the sheriff clerk, the notice or document shall be deemed to be lodged at 10 a.m. on the date of lodging; and

(b)where a notice or document under paragraph (1) is delivered on any day other than a business day, the date of lodging shall be the first business day after such delivery..

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(5) 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..

Consequential amendments

4.  The Schedule to this Act of Sederunt shall have effect.

CULLEN OF WHITEKIRK

Lord President I.P.D.

Edinburgh

8th August 2003

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