Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

1. Introductory Text

2. CHAPTER 1 CITATION, COMMENCEMENT AND INTERPRETATION ETC.

   1. 1.1. Citation, commencement and application, etc.

   2. 1.2. Interpretation

   3. 1.3. Computation of periods of time

   4. 1.4. Forms

   5. 1.5. Sequestration process

3. CHAPTER 2 RELIEF FOR FAILURE TO COMPLY

   1. 2.1. Relief for failure to comply with rules

4. CHAPTER 3 SANCTIONS FOR FAILURE TO COMPLY

   1. 3.1. Circumstances where a party is in default

   2. 3.2. Sanctions where a party is in default

5. CHAPTER 4 REPRESENTATION AND SUPPORT

   1. 4.1. Representation and support

   2. 4.2. Legal representation

   3. 4.3. Representation by authorised person

   4. 4.4. Lay representation

   5. 4.5. Expenses

   6. 4.6. Lay support

6. CHAPTER 5 INTIMATION AND LODGING

   1. 5.1. Interpretation of this Chapter

   2. 5.2. Intimation

   3. 5.3. Methods of intimation

   4. 5.4. Methods of intimation: intimation by recorded delivery

   5. 5.5. Methods of intimation: intimation by sheriff officer

   6. 5.6. Additional methods of intimation where receiving party represented by solicitor

   7. 5.7. Form of certificate of intimation

   8. 5.8. Lodging

7. CHAPTER 6 PETITIONS FOR SEQUESTRATION

   1. 6.1. Form of petition for sequestration

   2. 6.2. Debt payment programmes and moratorium on diligence

   3. 6.2A. Warrant for citation

   4. 6.3. Citation of debtor

   5. 6.4. Service by sheriff officer

   6. 6.5. Service furth of Scotland

   7. 6.6. Authority to serve by other means

   8. 6.7. Intimation of appointment of trustee

8. CHAPTER 7 APPLICATIONS ETC. UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016

   1. 7.1. Form of applications

   2. 7.1A. Warrant to enter premises and warrant to apprehend

   3. 7.2. Form of remit by AiB

   4. 7.3. Applications and remits relating to AiB sequestration

   5. 7.4. Determination of applications and remits

   6. 7.5. Form of report by original trustee

9. CHAPTER 8 APPLICATIONS UNDER THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

   1. 8.1. Form of applications

   2. 8.2. Transfer of proceedings to Court of Session

10. CHAPTER 9 APPEALS TO THE SHERIFF UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016

    1. 9.1. Form of appeal

    2. 9.2. Appeals relating to AiB sequestration

    3. 9.3. Determination of appeal

11. CHAPTER 10 APPEALS TO THE SHERIFF APPEAL COURT

    1. 10.1. Appeals to the Sheriff Appeal Court

12. CHAPTER 11 MOTIONS

    1. 11.1. Interpretation

    2. 11.2. Making of motions

    3. 11.3. Written motions

    4. 11.4. Intimation of written motions

    5. 11.5. Opposition to written motions

    6. 11.6. Consent to written motions

    7. 11.7. Lodging of written motions

    8. 11.8. Joint written motions

    9. 11.9. Determination of unopposed written motions

    10. 11.10. Hearing of opposed written motions

13. CHAPTER 12 WITHDRAWAL OF SOLICITORS

    1. 12.1. Interpretation of this Chapter

    2. 12.2. Giving notice of withdrawal

    3. 12.3. Arrangements for peremptory hearing

    4. 12.4. Peremptory hearing

14. CHAPTER 13 EXPENSES

    1. 13.1. Taxation of expenses

    2. 13.2. Procedure for taxation of expenses

    3. 13.3. Objections to taxed account

    4. 13.4. Decree for expenses in name of solicitor

15. CHAPTER 14 VULNERABLE WITNESSES

    1. 14.1. Interpretation and application of this Chapter

    2. 14.2. Form of notices and applications

    3. 14.3. Determination of notices and applications

    4. 14.4. Determination of notices and applications: supplementary orders

    5. 14.5. Intimation of orders

    6. 14.6. Taking of evidence by commissioner: preparatory steps

    7. 14.7. Taking of evidence by commissioner: interrogatories

    8. 14.8. Taking of evidence by commissioner: conduct of commission

    9. 14.9. Taking of evidence by commissioner: lodging and custody of video record and documents

16. CHAPTER 15 LIVE LINKS

    1. 15.1. Interpretation

    2. 15.2. Application for use of live link

17. CHAPTER 16 REPORTING RESTRICTIONS

    1. 16.1. Interpretation and application of this Chapter

    2. 16.2. Interim orders: notification to interested persons

    3. 16.3. Interim orders: representations

    4. 16.4. Notification of reporting restrictions

    5. 16.5. Applications for variation or revocation

18. Signature

19. 1. SCHEDULE 1

       FORMS

    2. SCHEDULE 2

       FORMS FOR USE IN REGISTER OF INHIBITIONS

       1. APPENDIX

    3. SCHEDULE 3

       SERVICE OF DOCUMENTS FURTH OF SCOTLAND

       1. 1. Interpretation of this Schedule

       2. 2. Service furth of Scotland

       3. 3. Service in England and Wales etc.

       4. 4. Service in an EU member state

       5. 5. Service in a Hague Convention country

       6. 6. Service in a country with which the United Kingdom has a convention about how to serve court documents

       7. 7. Service in any other country

       8. 8. Consular service

       9. 9. Personal service

       10. 10. Postal service

       11. 11. Certification of translations

20. Explanatory Note