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

PART IV RECEIVERS

Interpretation of this Part

74.16.  In this Part, “the petition” means a petition under section 54(1) of the Act of 1986 (petition to appoint a receiver).

Petition to appoint a receiver

74.17.  The petition shall include averments in relation to–

(a) any floating charge and the property over which it is secured;

(b) so far as known to the petitioner, whether any application for an administration order has been made in respect of the company;

(c) other matters which, in the opinion of the petitioner, will assist the court in deciding whether to appoint a receiver; and

(d) the name and address of the person proposed to be appointed, and his qulification to act, as receiver.

Intimation, service and advertisement under this Part

74.18.—(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of the petition shall include a requirement–

(a) to serve the petition–

(i) on the company; and

(ii) where an application for an administration order has been presented, on that applicant and any respondent to that application; and

(b) to advertise the petition forthwith–

(i) once in the Edinburgh Gazette; and

(ii) once in one or more of such newspapers as the court shall direct.

(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the petition shall be 8 days.

(3) An advertisement under paragraph (1) shall include–

(a) the name and address of the petitioner;

(b) the name and address of the agent for the petitioner;

(c) the date on which the petition was presented;

(d) the nature of the order sought;

(e) the period of notice for lodging answers; and

(f) a statement that any person who intends to appear in the petition must lodge answers within the period of notice.

Form of other applications and appeals

74.19.—(1) An application under–

(a) section 61(1) of the Act of 1986 (by a receiver for authority to dispose of property or an interest in property),

(b) section 62 of that Act(1) (for removal of a receiver),

(c) section 63(1) of that Act (by a receiver for directions),

(d) section 69(1) of that Act (to enforce the receiver’s duty to make returns etc.), or

(e) any other provision of the Act of 1986 or the Insolvency Rules relating to receivers not mentioned in this Part,

shall, where the court has appointed the receiver, be made by note or, in any other case, by petition.

(2) An appeal against a decision of a receiver as to expenses of submitting a statement of affairs under rule 3.3(2) of the Insolvency Rules shall, where the receiver was appointed by the court, be made by note or, in any other case, by petition.

(3) An application by a receiver–

(a) under section 67(1) or (2) of the Act of 1986 (to extend the time for sending a report),

(b) under rule 3.9(2) of the Insolvency Rules (to extend the time for sending an abstract of his receipts and payments),

shall, where the court has appointed the receiver, be made by motion or, in any other case, by petition.

(1)

Section 62 was amended by the Companies Act 1989 (c. 40), Schedule 16, paragraph 3(3) and Schedule 24.