The Insolvency (Scotland) Amendment Rules 2014

Claims and distribution of assets in administration

4.  In Rule 2.41(1)—

(a) for paragraph (1A) substitute—

“(1A) Rule 4.68A shall not apply for the purposes of this Rule.”;

(b) in paragraph (2), omit “, or in any provision of the Bankruptcy Act as applied by Rule 4.16 or 4.68”;

(c) for paragraph (3) substitute—

“(3) Rule 4.68(4) shall apply subject to paragraph (4) of this Rule.”; and

(d) for paragraph (5)(b) substitute—

“(b) in Rule 4.16E, the reference to the date on which the company entered administration in paragraph (1) and the second reference to that date in paragraph (2) shall be construed as references to the date of commencement of winding up within the meaning of section 129(2);”.

(1)

Existing Part 2 of S.I. 1986/1915 was substituted by S.I. 2003/2111. Rule 2.41 was amended by S.I. 2006/734, S.I. 2008/662 and S.I. 2010/688.

(2)

Section 129 (commencement of winding up by the court) of the 1986 Act which was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 16.