The Insolvency (Scotland) Amendment Rules 2014

Power of court to cure defects in procedure

22.  For Rule 7.32 (power of court to cure defects in procedure) substitute—

“Power of court to cure defects in procedure

7.32.— (1) The court may, on the application of any person having an interest—

(a) if there has been a failure to comply with any requirement of the Act or the Rules, make an order waiving any such failure and, so far as practicable, restoring any person prejudiced by the failure to the position that person would have been in but for the failure;

(b) if for any reason anything required or authorised to be done in, or in connection with, the insolvency proceedings cannot be done, make such order as may be necessary to enable that thing to be done.

(2) The court, in an order under paragraph (1) above, may impose such conditions, including conditions as to expenses, as the court thinks fit and may—

(a) authorise or dispense with the performance of any act in the insolvency proceedings;

(b) appoint as responsible insolvency practitioner on the company’s estate a person who would be eligible to act as a responsible insolvency practitioner, whether or not in place of an existing insolvency practitioner;

(c) extend or waive any time limit specified in or under the Act or the Rules.

(3) An application under paragraph (1) above which is made to the sheriff—

(a) may at any time be remitted by the sheriff to the Court of Session;

(b) shall be so remitted if the Court of Session so directs on an application by any such person,

if the sheriff or the Court of Session, as the case may be, considers that the remit is desirable because of the importance or complexity of the matters raised by the application.

(4) The responsible insolvency practitioner shall record in the sederunt book the decision of the sheriff or the Court of Session under this Rule.”.