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4.2.—(1) An application for a block transfer order may be made to the Court of Session for—
(a)the removal of the outgoing office-holder by the exercise of any of the powers in paragraph (2);
(b)the appointment of a replacement office-holder by the exercise of any of the powers in paragraph (3); or
(c)such other order or direction as may be necessary or expedient in connection with the matters referred to in sub-paragraphs (a) and (b).
(2) The powers referred to in paragraph (1)(a) are those in—
(a)section 7(5) and paragraph 39(6) of Schedule A1; and
(b)paragraph 88 of Schedule B1 and rule 4.1(2).
(3) The powers referred to in paragraph (1)(b) are those in —
(a)section 7(5) and paragraph 39(6) of Schedule A1; and
(b)paragraphs 63, 91 and 95 of Schedule B1 and rule 4.12(2).
(4) Subject to paragraph (5), the application may be made by any of the following—
(a)the outgoing office-holder (if able and willing to do so);
(b)any person who holds office jointly with the outgoing office-holder;
(c)any person who is proposed to be appointed as the replacement office-holder;
(d)any creditor in a case subject to the application;
(e)the recognised professional body which was the source of the outgoing office-holder’s authorisation (immediately before the application is made); or
(f)the Secretary of State.
(5) Where one or more of the outgoing office-holders in the schedule required by paragraph (8) is an administrator, an application may not be made unless the applicant is a person permitted to apply to replace the outgoing office-holder under section 13 or paragraph 63, 91 or 95 of Schedule B1 or such a person is joined as applicant in relation to the replacement of the outgoing office-holder.
(6) An applicant (other than the Secretary of State) must deliver a notice of the intended application to the Secretary of State on or before the date the application is made.
(7) The application must be served on—
(a)the outgoing office-holder (if not the applicant or deceased);
(b)any person who holds office jointly with the outgoing office-holder; and
(c)such other person as the Court of Session directs.
(8) The application must contain a schedule setting out—
(a)identification details for the insolvency proceedings; and
(b)the capacity in which the outgoing office-holder was appointed.
(9) The application must be supported by evidence—
(a)setting out the circumstances as a result of which it is expedient to appoint a replacement office-holder; and
(b)exhibiting the consent to act of each person who is proposed to be appointed as replacement office-holder.
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