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Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015

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Amendment of the Sheriff Court Bankruptcy Rules

3.—(1) The Sheriff Court Bankruptcy Rules in the Schedule to the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008(1) are amended in accordance with the following subparagraphs.

(2) In rule 1 (citation and interpretation), in the definition of “AIB sequestration”, for “section 5(2)(a) or 6(3)(a), 4(a) or 6(a)” substitute “section 5(2)(a) or (3)(a) or section 6(3)(a), 4(za), 4(a) or 6(a)”.

(3) In rule 3(2) (petitions for sequestration)—

(a)in subparagraph (i), for “section 5(2)(ii)” substitute “section 5(2)(b)(ii)”;

(b)in subparagraph (ii), for “section 5(2)(iii)” substitute “section 5(2)(b)(iii)”.

(4) In rule 5 (applications)—

(a)after paragraph (1) insert—

(1A) An application by the Accountant in Bankruptcy for a direction under the following provisions of the Act of 1985 shall be in Form 5C—

(a)section 3(6) (trustee application to the sheriff for directions in relation to any particular matter)(2)

(b)section 3A(3) (application to Accountant in Bankruptcy for a direction)(3);

(c)section 28B(5) (replacement of trustee: application for direction)(4);

(d)section 29(6I) (removal of trustee and trustee not acting: application for direction)(5);

(e)section 42(2E) (contractual powers of trustee: application for direction)(6);

(f)paragraph 3(7) of Schedule 1 (debts depending on contingency: application for direction)(7).

(1B) Where the Accountant in Bankruptcy—

(a)remits an application made under section 17A of the Act of 1985 to the sheriff under section 17F(1); or

(b)before deciding under section 17E(6) whether to grant a recall of an award of sequestration, remits the case to the sheriff,

the remit shall be in Form 5D..

(b)in paragraph (2), for “An application under paragraph (1)” substitute “An application under paragraphs (1) or (1A) or a remit under paragraph (1B)”;

(c)in paragraph (3), for “An application under paragraph (1)” substitute “An application under paragraphs (1) or (1A) or a remit under paragraph (1B)”;

(d)in paragraph (5), for “an application under paragraph (1)” substitute “an application under paragraphs (1) or (1A) or a remit under paragraph (1B)”;

(e)in paragraph (8), for “an application under paragraph (1)” substitute “an application under paragraphs (1) or (1A) or a remit under paragraph (1B)”.

(5) Omit rule 6 (application to determine amount for aliment and obligations, etc.).

(6) For rule 8(1) (appeals to the sheriff principal and the Court of Session), substitute—

(1) An appeal under the following provisions of the Act of 1985 shall be made in accordance with the provisions of this rule—

(a)section 15(2A) (order transferring sequestration)(8);

(b)section 15(3) (refusing to award)(9);

(c)section 30(8) (removing commissioner)(10);

(d)section 56J(2) (refusal to annul bankruptcy restrictions order or interim bankruptcy restrictions order)(11)..

(7) For rule 8(6) (appeals: written notice of appeal), substitute—

(6) Within the period of four days mentioned in paragraph (5), the sheriff clerk shall send written notice of appeal—

(a)in an appeal under section 15(3) of the Act of 1985, to any concurring creditor and the debtor, as the case may be;

(b)in an appeal under section 30(8) of the Act of 1985, to the trustee, the Accountant in Bankruptcy, any commissioner and any creditor;

(c)in an appeal under section 56J(2) of the Act of 1985, to the Accountant in Bankruptcy and the trustee..

(8) In rule 12 (approved debt payment programmes)—

(a)in paragraph (1) after “at that date” insert “the debtor has not given a notice to the Accountant in Bankruptcy in accordance with section 4A(1) of the Act of 1985, and”;

(b)the heading to the rule becomes “Statement to be lodged by creditor”.

(9) In rule 15(1)(a) (representation), after “section 12” insert “or section 54B(6)”.

(10) In Appendix 1—

(a)in Form 1 (form of petition by qualified creditor(s) under section 5(2)(b)(i) of the Bankruptcy (Scotland) Act 1985)(12), for statement 2 of the Statement of Facts, substitute—

”.

(b)after Form 5B (form of certificate of citation)(13), insert Forms 5C and 5D set out in the Schedule to this Act of Sederunt;

(c)for Form 12 (form of statement to be lodged by creditor petitioning for sequestration), substitute Form 12 set out in the Schedule to this Act of Sederunt.

(1)

S.S.I. 2008/119, last amended by S.S.I. 2011/289.

(2)

1985 c.66. Section 3(6) was amended by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 25(1).

(3)

1985 c.66. Section 3A was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 25(2).

(4)

1985 c.66. Section 28B(5) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 29.

(5)

1985 c.66. Section 29(6I) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 30.

(6)

1985 c.66. Section 42(2E) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 32.

(7)

1985 c.66. Paragraph 3(7) of Schedule 1 was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 37.

(8)

1985 c.66. Section 15(2A) was inserted by the Bankruptcy and Diligence (etc.) (Scotland) Act 2007 (asp 3), part 1, section 16(2)(c).

(9)

1985 c.66. Section 15(3) was inserted by the Bankruptcy and Diligence (etc.) (Scotland) Act 2007 (asp 3), part 1, section 16(2)(d), and schedule 6(1), paragraph 1.

(10)

1985 c.66. Section 30(8) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 31.

(11)

1985 c.66. Section 56J(2) was inserted by the Bankruptcy and Diligence (etc.) (Scotland) Act 2007 (asp 3), part 1, section 2(1).

(12)

Form 1 was inserted by S.S.I. 2011/289.

(13)

Form 5B was inserted by S.S.I. 2011/289.

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