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Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

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Appeals to the sheriff principal and the Court of Session

8.—(1) An appeal under the following provisions of the Act of 1985 shall be made in accordance with the provisions of this rule:–

  • section 15(2A) (order transferring sequestration)(1);

  • section 15(3) (order refusing to award sequestration)(2);

  • section 29(4) (order of sheriff removing trustee)(3);

  • section 54(6) (order deferring discharge of debtor or dismissal of application to defer discharge);

  • section 56J(2) (refusal to annul Bankruptcy Restrictions Order, Interim Bankruptcy Restrictions Order or Bankruptcy Restrictions Undertaking)(4);

  • paragraph 8(3) of Schedule 4 (order approving or refusing to approve offer of composition).

(2) An appeal under a provision mentioned in paragraph (1) above shall be made by note of appeal which shall be written by the appellant–

(a)on the interlocutor sheet,

(b)on any other written record containing the interlocutor appealed against, or

(c)on a separate sheet lodged with the sheriff clerk

  • in the following terms:–

    • The petitioner [or as the case may be] appeals to the Sheriff Principal [or Court of Session]..

(3) Such a note of appeal shall–

(a)be signed by the appellant or his solicitor;

(b)bear the date on which it was signed; and

(c)have appended to it the name and address of any firm of solicitors who will be acting for the appellant in the appeal.

(4) Where the Act of 1985 does not specify a period within which an appeal shall be made, such appeal shall be made within 14 days after the date of the interlocutor appealed against.

(5) The sheriff clerk shall, within four days of the note of appeal being marked–

(a)on an appeal to the sheriff principal, transmit the process to the sheriff principal; or

(b)on an appeal to the Court of Session, transmit the process to the Deputy Principal Clerk of Session.

(6) Within the period of four days mentioned in paragraph (5) above, the sheriff clerk shall send written notice of the appeal–

(a)in an appeal under section 15(3) of the Act of 1985, to any concurring creditor and the debtor, as the case may be;

(b)in an appeal under section 29(4) of the Act of 1985 to–

(i)the trustee,

(ii)the Accountant in Bankruptcy,

(iii)the commissioners, and

(iv)any person representing not less than one quarter in value of the creditors,

as the case may be;

(c)in an appeal under section 54(6) of the Act of 1985, to–

(i)the applicant creditor,

(ii)the trustee, and

(iii)the debtor,

as the case may be;

(d)in an appeal under section 56J(2) of the Act of 1985, to–

(i)the Accountant in Bankruptcy; and

(ii)the trustee;

(e)in an appeal under paragraph 8(3) of Schedule 4 to the Act of 1985, to–

(i)the trustee,

(ii)the debtor, and

(iii)the creditors to whom notice of the hearing fixed by the sheriff was given,

as the case may be.

(7) The sheriff clerk shall certify on the interlocutor sheet that he has sent the notice required under paragraph (6) above.

(8) Failure by the sheriff clerk to give the notice prescribed in paragraph (6) above shall not invalidate the appeal.

(9) Where the appeal is to the sheriff principal, the sheriff principal may make such further order as to the lodging and intimation of grounds of appeal as he considers appropriate.

(1)

Section 15(2A) was inserted by section 16(2)(c) of the 2007 Act.

(2)

Section 15(3) was amended by section 16(2)(d) of the 2007 Act.

(3)

Section 29(4) was amended by schedule 6 to the 2007 Act.

(4)

Section 56J was inserted by section 2(1) of the 2007 Act.

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