The Insolvency (Scotland) Amendment Rules 2006

Amendment to Rule 2.41

9.—(1) In Rule 2.41 of the 1986 Rules–

(a) insert the following after paragraph (1)–

“(1A) Section 53 of the Bankruptcy Act, as applied by Rule 4.68, shall not apply for the purposes of this Rule.”;

(b) at the start of paragraph (2) insert “Subject to paragraph (5) below,”;

(c) in paragraph (3) for the words “Section 53(3)” substitute “Section 52(3)”; and

(d) insert the following after paragraph (4)–

“(5) Where the administration was immediately preceded by a winding up–

(a) in Rule 4.17(2) the reference to administration and the date on which the company entered administration existing but for the application of this Rule shall be construed as a reference to liquidation and the date of commencement of winding up respectively;

(b) in Schedule 1 to the Bankruptcy Act, as applied by Rule 4.16, the reference to the date on which the company entered administration in paragraph 1(1) and the second reference to that date in paragraph 1(2) shall be construed as a reference to the date of commencement of winding up within the meaning of section 129.”.