The Insolvency (Scotland) Rules 1986 Amendment Rules 2008

Application of the Bankruptcy Act

This section has no associated Executive Note

3.  In Rule 4.16(1)–

(a)in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

(b)at the start of paragraph (2) insert “Subject to paragraph (3) below,”; and

(c)after paragraph (2) insert–

(3) Where the winding up was immediately preceded by an administration, the references to the date of sequestration in paragraph 1(1) of Schedule 1 to the Bankruptcy Act and the second reference to that date in paragraph 1(2) shall be construed as references to the date on which the company entered administration..

(1)

Rule 4.16 was amended by S.I. 1987/1921, Schedule 1, Part I, paragraph 15.