1.—(1) These Rules may be cited as the Insolvency (Scotland) Rules 1986 Amendment Rules 2008 and come into force on 20th December 2008 (“the commencement date”).
(2) In these Rules “the 1986 Rules” means the Insolvency (Scotland) Rules 1986(1).
2. The 1986 Rules are amended in accordance with Rules 3 to 6.
3. In Rule 4.16(2)–
(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.”.
4. At the end of Rule 4.17(2) insert “or, if the liquidation was immediately preceded by an administration, on the date on which the company entered administration”.
5. After Rule 7.35 insert–
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.”.
6. In paragraph 18 of Schedule 1(3), in the substituted Rule 4.31(3) for “the registrar of companies” substitute “the Accountant in Bankruptcy”.
7.—(1) Notwithstanding Rule 2 above, in respect of any case where a company has commenced liquidation before the commencement date the 1986 Rules shall continue to have effect as if the amendments in Rules 3, 4 and 6 had not been made.
(2) The amendment in Rule 5 shall not apply in any case where a provisional liquidator, liquidator or receiver is appointed before the commencement date.
FERGUS EWING
Authorised to sign for the Scottish Ministers
St Andrew’s House,
Edinburgh
26th November 2008