Act of Sederunt (Rules of the Court of Session and Sheriff Court Company Insolvency Rules Amendment) (Miscellaneous) 2014

Amendment of Sheriff Court Company Insolvency Rules

3.—(1) The Sheriff Court Company Insolvency Rules are amended in accordance with the following subparagraphs.

(2) In rule 25 (appeals against adjudication of claims), for paragraph (1) substitute—

“(1) An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims)(1) by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in the process of the petition.”.

(3) After rule 31A (applications under section 176A of the Act of 1986)(2), insert—

“Limited disclosure of statement of affairs

31AA.   Any application under rules 1.50, 2.22, 3.2A or 4.8A of the Insolvency Rules (orders of limited disclosure etc.)(3) shall be made—

(a) where there is no existing process in relation to any liquidation, administration or receivership, by petition; or

(b) where a process exists in relation to any liquidation, administration or receivership, by note in that process.”.

(1)

Rule 4.16B was inserted by S.S.I. 2014/114.

(2)

Rule 31A was inserted by S.S.I. 2003/388.

(3)

Rule 1.50 was inserted by S.I. 2010/688; rule 2.22 was substituted by S.I. 2003/2111 and amended by S.I. 2010/688; and rules 3.2A and 4.8A were inserted by S.S.I. 2014/114.