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Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

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  1. Introductory Text

  2. CHAPTER 1 ETC.

    1. 1.1.Citation, commencement and application, etc.

    2. 1.2.Interpretation

    3. 1.3.Computation of periods of time

    4. 1.4.Forms

    5. 1.5.Sequestration process

  3. CHAPTER 2

    1. 2.1.Relief for failure to comply with rules

  4. CHAPTER 3

    1. 3.1.Circumstances where a party is in default

    2. 3.2.Sanctions where a party is in default

  5. CHAPTER 4

    1. 4.1.Representation and support

    2. 4.2.Legal representation

    3. 4.3.Representation by authorised person

    4. 4.4.Lay representation

    5. 4.5.Expenses

    6. 4.6.Lay support

  6. CHAPTER 5

    1. 5.1.Interpretation of this Chapter

    2. 5.2.Intimation

    3. 5.3.Methods of intimation

    4. 5.4.Methods of intimation: intimation by recorded delivery

    5. 5.5.Methods of intimation: intimation by sheriff officer

    6. 5.6.Additional methods of intimation where receiving party represented by solicitor

    7. 5.7.Form of certificate of intimation

    8. 5.8.Lodging

  7. CHAPTER 6

    1. 6.1.Form of petition for sequestration

    2. 6.2.Debt payment programmes and moratorium on diligence

    3. 6.3.Citation of debtor

    4. 6.4.Service by sheriff officer

    5. 6.5.Service furth of Scotland

    6. 6.6.Authority to serve by other means

    7. 6.7.Intimation of appointment of trustee

  8. CHAPTER 7 ETC.

    1. 7.1.Form of applications

    2. 7.2.Form of remit by AiB

    3. 7.3.Applications and remits relating to AiB sequestration

    4. 7.4.Determination of applications and remits

    5. 7.5.Form of report by original trustee

  9. CHAPTER 8

    1. 8.1.Form of applications

    2. 8.2.Transfer of proceedings to Court of Session

  10. CHAPTER 9

    1. 9.1.Form of appeal

    2. 9.2.Appeals relating to AiB sequestration

    3. 9.3.Determination of appeal

  11. CHAPTER 10

    1. 10.1.Appeals to the Sheriff Appeal Court

  12. CHAPTER 11

    1. 11.1.Interpretation

    2. 11.2.Making of motions

    3. 11.3.Written motions

    4. 11.4.Intimation of written motions

    5. 11.5.Opposition to written motions

    6. 11.6.Consent to written motions

    7. 11.7.Lodging of written motions

    8. 11.8.Joint written motions

    9. 11.9.Determination of unopposed written motions

    10. 11.10.Hearing of opposed written motions

  13. CHAPTER 12

    1. 12.1.Interpretation of this Chapter

    2. 12.2.Giving notice of withdrawal

    3. 12.3.Arrangements for peremptory hearing

    4. 12.4.Peremptory hearing

  14. CHAPTER 13

    1. 13.1.Taxation of expenses

    2. 13.2.Procedure for taxation of expenses

    3. 13.3.Objections to taxed account

    4. 13.4.Decree for expenses in name of solicitor

  15. CHAPTER 14

    1. 14.1.Interpretation and application of this Chapter

    2. 14.2.Form of notices and applications

    3. 14.3.Determination of notices and applications

    4. 14.4.Determination of notices and applications: supplementary orders

    5. 14.5.Intimation of orders

    6. 14.6.Taking of evidence by commissioner: preparatory steps

    7. 14.7.Taking of evidence by commissioner: interrogatories

    8. 14.8.Taking of evidence by commissioner: conduct of commission

    9. 14.9.Taking of evidence by commissioner: lodging and custody of video record and documents

  16. CHAPTER 15

    1. 15.1.Interpretation

    2. 15.2.Application for use of live link

  17. CHAPTER 16

    1. 16.1.Interpretation and application of this Chapter

    2. 16.2.Interim orders: notification to interested persons

    3. 16.3.Interim orders: representations

    4. 16.4.Notification of reporting restrictions

    5. 16.5.Applications for variation or revocation

  18. Signature

    1. SCHEDULE 1

      FORMS

    2. SCHEDULE 2

      FORMS FOR USE IN REGISTER OF INHIBITIONS

      1. APPENDIX

    3. SCHEDULE 3

      SERVICE OF DOCUMENTS FURTH OF SCOTLAND

      1. 1.Interpretation of this Schedule

      2. 2.Service furth of Scotland

      3. 3.Service in England and Wales etc.

      4. 4.Service in an EU member state

      5. 5.Service in a Hague Convention country

      6. 6.Service in a country with which the United Kingdom has a convention about how to serve court documents

      7. 7.Service in any other country

      8. 8.Consular service

      9. 9.Personal service

      10. 10.Postal service

      11. 11.Certification of translations

  19. Explanatory Note

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