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

PART II COMPANY VOLUNTARY ARRANGEMENTS

Lodging of nominee’s report (company not in liquidation etc.)

74.4.—(1) This rule applies where the company is not being wound up by the court and an administration order is not in force in respect of it pronounced by the court.

(2) A report of a nominee submitted to the court under section 2(2) of the Act of 1986 (procedure where nominee is not the liquidator or administrator) shall be–

(a) lodged, with a covering letter, in the Petition Department;

(b) marked by the clerk of session receiving it with the date on which it is received; and

(c) placed before the insolvency judge for consideration of any direction which he may make under section 3(1) of that Act (which relates to the summoning of meetings).

(3) An application by a nominee to extend the time within which he may submit his report under section 2(2) of the Act of 1986 shall be made by letter addressed to the Deputy Principal Clerk who shall–

(a) place the letter before the insolvency judge for determination;

(b) intimate that determination by a written reply; and

(c) attach the letter, and a copy of the reply, to the nominee’s report when it is subsequently lodged.

Lodging of nominee’s report (company in liquidation etc.)

74.5.—(1) This rule applies where the company is being wound up by the court or there is an administration order in force in respect of it pronounced by the court.

(2) In this rule, “process” means the process of the petition under section 9(1) (petition for administration order), or section 124(2) (petition to wind up a company), of the Act of 1986, as the case may be.

(3) A report of a nominee submitted to the court under section 2(2) of the Act of 1986 (procedure where nominee is not the liquidator or administrator) shall be–

(a) lodged in process; and

(b) placed before the insolvency judge for consideration of any direction which he may make under section 3(1) of that Act.

(4) An application by a nominee to extend the time within which he may submit his report under section 2(2) of the Act of 1986 shall be made by letter addressed to the Deputy Principal Clerk who shall–

(a) place the letter before the insolvency judge for determination;

(b) intimate that determination by a written reply; and

(c) lodge the letter, and a copy of the reply, in the process of the petition to which it relates.

Inspection of nominee’s report

74.6.  A person who states in a letter addressed to the Deputy Principal Clerk that he is a creditor, member or director of the company or his agent, may, on payment of the appropriate fee, inspect the nominee’s report lodged under rule 74.4(2) (company not in liquidation etc.) 74.5(3) (company in liquidation etc.), as the case may be.

Report of meetings to approve arrangement

74.7.  The report of the result of a meeting to be sent to the court under section 4(6) of the Act of 1986 shall be sent to the Deputy Principal Clerk who shall lodge it–

(a) in a case to which rule 74.4 (lodging of nominee’s report (company not in liquidation etc.)) applies, with the nominee’s report lodged under that rule; or

(b) in a case to which rule 74.5 (lodging of nominee’s report (company in liquidation etc.)) applies, in process as defined by paragraph (2) of that rule.

Abstracts of supervisor’s receipts and payments and notices of completion of arrangement

74.8.  An abstract of receipts and payments prepared by a supervisor and sent to the court under rule 1.21(2) of the Insolvency Rules or a notice of completion of the arrangement (and a copy of the supervisor’s report) to be sent to the court under rule 1.23(3) of those Rules shall be sent to the Deputy Principal Clerk who shall cause it to be lodged–

(a) in a case to which rule 74.4 (lodging of nominee’s report (company not in liquidation etc.)) applies, with the nominee’s report lodged under that rule; or

(b) in a case to which rule 74.5 (lodging of nominee’s report (company in liquidation etc.)) applies, in process as defined by paragraph (2) of that rule.

Form of other applications

74.9.—(1) An application to which this rule applies shall be made–

(a) where the company is not being wound up by the court and an administration order is not in force in respect of it pronounced by the court, by petition; or

(b) where the company is being wound up by the court or there is an administration order in force in respect of it pronounced by the court, by note in the process to which it relates.

(2) This rule applies to an application under–

(a) section 2(4) of the Act of 1986 (for the replacement of a nominee);

(b) section 6 of that Act (to challenge a decision made in relation to an arrangement);

(c) section 7(3) of that Act (to challenge the actings of a supervisor);

(d) section 7(4)(a) of that Act (by a supervisor for directions);

(e) section 7(5) of that Act (for the appointment of a supervisor);

(f) rule 1.21(5) of the Insolvency Rules (to dispense with sending abstracts or reports or to vary the dates on which the obligation to send abstracts or reports arises);

(g) rule 1.23(4) of those Rules (to extend the period for sending a notice of implementation of arrangement or report); or

(h) any other provision in the Act of 1986 or the Insolvency Rules relating to company voluntary arrangements not mentioned in this Part.

(1)

Section 9 was amended by the Criminal Justice Act 1988 (c. 33), section 62(2) and by the Companies Act 1989 (c. 40), Schedule 16, paragraph 3(2).

(2)

Section 124 was amended by the said Act of 1988, section 62(2) and by the said Act of 1989, section 60(2).