Search Legislation

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Postal Administration) 2016

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph.

(2) In rule 74.1 (application and interpretation of this Chapter)—

(a)after paragraph (1)(e)(2) insert—

; and

(f)

Part 4 of the Postal Services Act 2011(3)..

(b)in paragraph (2)(4) after the definition of “non GB company” insert—

the Postal Act” means the Postal Services Act 2011;

“the Postal Administration Rules” means the Postal Administration (Scotland) Rules 2016(5);.

(c)in paragraph (3)(6)—

(i)after “the Act of 2011” insert “, Part 4 of the Postal Act”;

(ii)for “or”, in the second place that word occurs, substitute “,”; and

(iii)after “the 2013 Rules” insert “or the Postal Administration Rules”.

(3) In rule 74.2(7) (proceedings before insolvency judge)—

(a)for “or” in the second place that word occurs, substitute “,”; and

(b)after “the Act of 2009,” insert “or Part 4 of the Postal Act”.

(4) In rule 74.3(8) (notices and reports, etc. sent to the court)—

(a)after “the Act of 2011” insert “the Postal Act”; and

(b)for “or the 2013 Rules” substitute “, the 2013 Rules or the Postal Administration Rules”.

(5) In rule 74.10 (form of petition in administration procedure)—

(a)in paragraph (1)(9) after “(petition for energy administration order)” insert “, or section 70 of the Postal Act (applications for postal administration orders)”;

(b)in paragraph (2)(g)(10) after “or an energy administration” insert “or a postal administration”;

(c)in paragraph (2)(i)(11) after “energy administrator” insert “or postal administrator”;

(d)In paragraph (2)(l)(12) after “an energy administration order” insert “or a postal administration order, as the case may be”; and

(e)after paragraph (2)(m) insert—

(n)whether a universal service provider (within the meaning of section 65(1) of the Postal Act) in a petition for a postal administration order is a foreign company..

(6) In rule 74.10A(1)(13) (interim orders), after “Act of 2004” insert “or section 71(1)(d) of the Postal Act”.

(7) In rule 74.11(14) (notice of petition) after paragraph (c) insert—

; or

(d)

the petition and a notice are to be served on a person mentioned in section 70(2)(a) to (c) of the Postal Act (applications for postal administration orders) or Rule 7 of the Postal Administration (Scotland) Rules..

(8) In rule 74.14(15) (time and date of lodging in administration or energy administration)—

(a)in the cross-heading for “or energy administration” substitute “, energy administration or postal administration”;

(b)in paragraph (1) after “the Energy Administration Rules” insert “or a postal administration under the Postal Act or the Postal Administration Rules”; and

(c)in paragraph (2) after “the Energy Administration Rules” insert “or the Postal Administration Rules”.

(9) In rule 74.15(16) (applications during an administration or energy administration)—

(a)for the cross-heading substitute “Applications during an administration, energy administration or postal administration”;

(b)for “or the Energy Administration Rules” substitute “, the Postal Act or the Energy Administration Rules or the Postal Administration Rules”;

(c)for “administration or energy administration” substitute “administration, energy administration or postal administration”; and

(d)in paragraph (b) after “energy administration”, insert “or postal administration,”.

(1)

The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2016/316.

(2)

Rule 74.1(1)(e) was inserted by S.S.I. 2013/162.

(4)

Rule 74.1(2) was relevantly amended by S.S.I. 2006/83.

(6)

Rule 74(1)(3) was substituted by S.S.I. 2006/83, and amended by S.S.I. 2009/63 and S.S.I. 2013/162.

(7)

Rule 74.2 was substituted by S.S.I. 2006/83 and amended by S.S.I. 2009/63.

(8)

Rule 74.3 was substituted by S.S.I. 2006/83 and amended by S.S.I. 2009/63 and S.S.I. 2013/162.

(9)

Rule 74.10(1) was substituted by S.S.I. 2006/83.

(10)

Rule 74.10(2)(g) was amended by S.S.I. 2003/385 and S.S.I. 2006/83.

(11)

Rule 74.10(2)(i) was amended by S.S.I. 2006/83.

(12)

Rule 74.10(2)(1) was inserted by S.S.I. 2006/83.

(13)

Rule 74.10A was inserted by S.S.I. 2005/268 and amended by S.S.I. 2006/83.

(14)

Rule 74.11 was amended by S.S.I. 2003/385; S.S.I. 2006/83 and S.S.I. 2013/162.

(15)

Rule 74.14 was substituted by S.S.I. 2006/83.

(16)

Rule 74.15 was substituted by S.S.I. 2006/83.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources