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The Insolvency (Scotland) Amendment Rules 2014

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29.—(1) Notwithstanding Rule 2, the 1986 Rules continue to have effect on and after 30th May 2014 as if the amendments made by Rules 3 to 28 had not been made where this Rule applies as provided for in any of paragraphs (2) to (5).

(2) This Rule applies where, in a receivership, a receiver is appointed in respect of a company under section 51 of the Act(1) before 30th May 2014.

(3) This Rule applies where a company goes into liquidation upon a resolution for voluntary winding up passed before 30th May 2014.

(4) This Rule applies where—

(a)there is an application for the appointment of a provisional liquidator under section 135 of the Act; or

(b)a company goes into liquidation on the making of a winding-up order,

on a winding-up petition presented before 30th May 2014.

(5) This Rule applies where—

(a)there is an application for the appointment of a provisional liquidator under section 135 of the Act; or

(b)a company goes into liquidation on the making of a winding-up order,

on a winding-up petition presented on or after 30th May 2014 if at the time the winding-up petition is presented the company is in liquidation upon a resolution for voluntary winding up passed before 30th May 2014.

(6) In this Rule—

“resolution for voluntary winding” up includes a resolution which is deemed to occur by virtue of—

(a)

paragraph 83(6)(b) of Schedule B1 (administration) to the Act; or

(b)

an order made following conversion of administration or a voluntary arrangement into winding up by virtue of Article 37 of the EC Regulation(2); and

“winding-up petition” includes an administration application under paragraph 12 of Schedule B1 to the Act which the court treats as a winding-up petition under paragraph 13(1)(e) of that Schedule.

(1)

Section 51 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 13, the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 3 and S.S.I. 2011/140.

(2)

Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p.19).

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