Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Citation and interpretation

1.—(1) These Rules may be cited as the Sheriff Court Bankruptcy Rules.

(2) In these Rules–

“Act of 1985” means the Bankruptcy (Scotland) Act 1985(1);

“AIB sequestration” means the sequestration of a debtor’s estate by the Accountant in Bankruptcy following a debtor application made under section 5(2)(a) or 6(3)(a), (4)(a) or (6)(a) of the Act of 1985;

“centre of main interests” has the same meaning as in the Council Regulation;

“Council Regulation” means Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time(2);

“debtor application” has the same meaning as in section 73 of the Act of 1985(3);

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“establishment” has the same meaning as in Article 2(h) of the Council Regulation;

“main proceedings” means proceedings opened in accordance with Article 3(1) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales, Scotland and Northern Ireland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another member State, set out in Annex A to the Council Regulation under the heading relating to that member State;

“member State” means a member State of the European Community that has adopted the Council Regulation;

“Model Law” means the Model Law on Cross-Border Insolvency as set out in Schedule 1 to the Cross-Border Insolvency Regulations 2006(4);

“territorial proceedings” means proceedings opened in accordance with Article 3(2) and (4) of the Council Regulation and falling with the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales, Scotland and Northern Ireland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another member State, set out in Annex A to the Council Regulation under the heading relating to that member State.

(3) Any reference in this Act of Sederunt to a form shall be construed as a reference to the form so numbered in Appendix 1 to these Rules or a form substantially to the same effect, with such variation as circumstances may require.

(1)

1985 c. 66; amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”).

(2)

O.J. L 160, 30/06/2000 P. 0001-0018.

(3)

Section 73 was amended by paragraph 60 of schedule 1 to the 2007 Act.

(4)

S.I. 2006/1030.