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Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

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Appeals to the Sheriff Appeal Court

10.1.—(1) This rule applies to an appeal to the Sheriff Appeal Court under the following provisions of the 2016 Act

(a)section 27(3) (appeal against transfer of sequestration);

(b)section 27(4) (appeal against refusal to award sequestration);

(c)section 77(11) (appeal against removal of commissioner);

(d)section 161(2) (appeal against refusal to revoke bankruptcy restrictions order).

(2) An appeal is to be made in accordance with Chapter 6 of the Sheriff Appeal Court Rules.

(3) Within 4 days after a note of appeal is lodged under rule 6.2(1) (form of appeal) of the Sheriff Appeal Court Rules, the Clerk must—

(a)give written notice of the appeal in accordance with paragraph (4); and

(b)certify that subparagraph (a) has been complied with.

(4) In relation to an appeal made under a provision of the 2016 Act specified in the first column of the following table, the persons to whom notice is to be given are the persons specified in the second column, unless that person is the appellant—

Type of appealPersons to whom notice is to be given
Section 27(3)The trustee
The petitioner
Any concurring creditor
AiB
Section 27(4)The debtor
Any concurring creditor
Section 77(11)The trustee
AiB
Any commissioner
Any creditor who lodged answers to, or was otherwise heard in relation to, the application to the sheriff
Section 161(2)The trustee
AiB

(5) Where the Clerk fails to comply with paragraph (3)—

(a)that failure does not affect the validity of the appeal;

(b)the procedural Appeal Sheriff may make an order to enable the appeal to proceed as if the failure had not occurred.

(6) In this rule—

(a)“the Sheriff Appeal Court Rules” means the Act of Sederunt (Sheriff Appeal Court Rules) 2015(1);

(b)“the Clerk” and “the procedural Appeal Sheriff” have the meanings given in rule 1.2 of the Sheriff Appeal Court Rules.

(1)

S.S.I. 2015/356, last amended by S.S.I. 2016/194.

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