Act of Sederunt (Rules of the Court of Session 1994) 1994

Form of certain applications and appeals

74.15.—(1) An application under any of the following provisions shall be made by note:–

(a) section 13(2) of the Act of 1986 (for an appointment to fill a vacancy in the office of administrator);

(b) section 14(3) of that Act (by an administrator for directions);

(c) section 15(2) of that Act (by an administrator for power to dispose of property subject to a security);

(d) section 18(1) of that Act (by an administrator for discharge or variation of an administration order);

(e) section 19(1) of that Act for removal from office of an administrator;

(f) section 22(5) of that Act (for release from, or extension of time for fulfilling an obligation to submit a statement of affairs);

(g) section 27(1) of that Act (for protection of the interests of creditors and members);

(h) rule 2.16(3) of the Insolvency Rules (by an administrator for an increase of his remuneration); and

(i) any other provision in the Act of 1986 or the Insolvency Rules relating to an administration order not mentioned in this Part.

(2) An appeal under rule 2.6(2) of the Insolvency Rules (appeal against decision of administrator as to expenses of submitting statement of affairs) shall be made by note.

(3) Where a petition for an administration order has been presented or an administration order has been made, any person having an interest who wishes to apply to the court for an order under section 175(2) of the Companies Act 1989(1) shall apply by note in the process of the petition for the administration order.

(4) The court shall not make an order under section 175(2) of the Companies Act 1989 unless intimation has been made to such persons having an interest as the court thinks fit and any such person has had an opportunity to be heard.

(1)

1989 c. 40.