Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 Amendment 2004

Amendment of Form 1

4.—(1) Form 1 contained in Appendix 1 of the Schedule to the Principal Rules shall be amended by insertion at the end of paragraph 1 of the form:

“1A.   I certify that:

*a) I have my centre of main interests or an establishment in the United Kingdom as defined in the EC Regulation on insolvency proceedings(1);

*b) I have my centre of main interests or an establishment as defined above in a Member state other than the United Kingdom;

*c) I have neither my centre of main interests nor an establishment in the United Kingdom nor in a Member state other than the United Kingdom.”

(2) Form 1 contained in Appendix 1 of the Schedule to the Principal Rules shall be amended by insertion at the end of paragraph 3 of the form:–

• “Attached is a statement by each of the qualified creditors who concurs in this petition stating that the debtor of the debt in relation to which he or she is giving concurrence is not the subject of an approved debt payment programme within the meaning of section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002(2) or the debtor to which the petition relates is in an approved debt payment programme but the debt in relation to which he or she is giving concurrence is not of a class covered by section 4(5)(b) of that Act.”.

(3) Form 1 contained in Appendix 1 to the Schedule to the Principal Rules shall be amended by insertion after paragraph 6 of that form:

“6A.— *(a) I am subject to an approved debt payment programme; or

*(b) I am not subject to an approved debt payment programme.

*(c) I have made application for approval of a debt payment programme; or

*(d) I have not made application for approval of a debt payment programme.”

(1)

Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings, O.J. No. L 160, 30.06.00. p.1 which came into force on 31st May 2002.

(2)

2002 asp 17.