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

PART III ADMINISTRATION ORDERS

Form of petition for administration order

74.10.—(1) In this Part, “the petition” means a petition under section 9 of the Act of 1986 (petition for an administration order).

(2) The petition shall include averments in relation to–

(a) the petitioner and the capacity in which he presents the petition, if other than the company;

(b) whether it is believed that the company is, or is likely to become, unable to pay its debts and the grounds of that belief;

(c) which of the purposes specified in section 8(3) of the Act of 1986 is expected to be achieved by the making of an administration order;

(d) the company’s financial position specifying, so far as known, assets and liabilities, including contingent and prospective liabilities;

(e) any security known or believed to be held by creditors of the company, whether in any case the security confers power on the holder to appoint a receiver, and whether a receiver has been appointed;

(f) so far as known to the petitioner, whether any steps have been taken for the winding up the company;

(g) other matters which, in the opinion of the petitioner, will assist the court in deciding whether to grant an administration order;

(h) whether an independent report on the affairs of the company has been prepared under rule 2.1 of the Insolvency Rules and, if not, an explanation why not; and

(i) the name and address of the person proposed to be appointed, and his qualification to act, as administrator.

(2) Where a report has been prepared under rule 2.1 of the Insolvency Rules, a copy of that report shall be lodged with the petition.

Notice of petition

74.11.  Where–

(a) the petition is to be served on a person mentioned in rule 2.2 of the Insolvency Rules, and

(b) by virtue of paragraph (2) of that rule, notice requires to be given to that person,

it shall be sufficient for the petitioner, where such notice and service is to be executed by post, to enclose the statutory notice and a copy of the petition in one envelope and to certify the giving of such notice and the execution of such service by one certificate.

Report of proposals of administrator

74.12.—(1) A report of the meeting to approve the proposals of the administrator to be sent to the court under section 24(4) of the Act of 1986 shall be sent to the Deputy Principal Clerk of Session, who shall–

(a) cause it to be lodged in the process of the petition to which it relates; and

(b) give written intimation to the parties of the receipt and lodging of the report.

(2) Where a report under section 24(4) of the Act of 1986 discloses that the meeting has declined to approve the proposals of the administrator, the Keeper of the Rolls shall put the cause out on the By Order Roll for determination by the insolvency judge for any order he may make under section 24(5) of that Act.

Abstracts of administrator’s receipts and payments

74.13.  An abstract of receipts and payments of an administrator to be sent to the court under rule 2.17(1) of the Insolvency Rules shall be sent to the Deputy Principal Clerk who shall–

(a) cause it to be lodged in the process of the petition to which it relates; and

(b) give written intimation to the parties of the receipt and lodging of the report.

Extension of time for accounts of receipts and payments

74.14.  An application by an administrator under rule 2.17(2) of the Insolvency Rules to extend the period for sending an abstract of accounts of receipts and payments to the court under rule 2.17(1) of those Rules shall be made by motion.

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.