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The Insolvency (Scotland) Rules 1986 Amendment Rules 2008

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Information about time spent on a case

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5.  After Rule 7.35 insert–

Information about time spent on a case

7.36.(1) Subject as set out in this Rule, in respect of any liquidation or receivership in which an insolvency practitioner acts, the insolvency practitioner shall on request in writing made by any person mentioned in paragraph (2), supply free of charge to that person a statement of the kind described in paragraph (3).

(2) The persons referred to in paragraph (1) are–

(a)any creditor in the case; and

(b)where the case relates to a company, any director or contributory of that company.

(3) The statement referred to in paragraph (1) shall comprise in relation to the period beginning with the date of the insolvency practitioner’s appointment and ending with the relevant date the following details–

(a)the total number of hours spent on the case by the insolvency practitioner and any staff assigned to the case during that period;

(b)for each grade of individual so engaged, the average hourly rate at which any work carried out by individuals in that grade is charged; and

(c)the number of hours spent by each grade of staff during that period.

(4) In relation to paragraph (3) the “relevant date” means the date next before the date of the making of the request on which the insolvency practitioner has completed any period in office which is a multiple of six months or, where the insolvency practitioner has vacated office, the date that the insolvency practitioner vacated office.

(5) Where an insolvency practitioner has vacated office, an obligation to provide information under this Rule shall only arise in relation to a request that is made within 2 years of the date the insolvency practitioner vacates office.

(6) Any statement required to be provided to any person under this Rule shall be supplied within 28 days of the date of the receipt of the request by the insolvency practitioner..

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