Amendment of the Rules of the Court of Session2

1

The Rules of the Court of Session 19942 shall be amended in accordance with the following sub-paragraphs.

2

In rule 8.1(1) (certificates by officer of Inland Revenue)—

a

for the heading there shall be substituted “Certificates by officer of Revenue and Customs”;

b

for “officer of the Inland Revenue” there shall be substituted “officer of Revenue and Customs”; and

c

for “Commissioners of Inland Revenue” there shall be substituted “Commissioners for Her Majesty’s Revenue and Customs”.

3

In rule 41.23(1)(a) (revenue appeals by stated case)3 for “Commissioners of Inland Revenue” there shall be substituted “Commissioners for Her Majesty’s Revenue and Customs”.

4

In rule 41.26 (appeals relating to certain determinations of the Commissioners of Inland Revenue)4—

a

for the heading there shall be substituted “Appeals relating to certain determinations of Commissioners for Her Majesty’s Revenue and Customs”;

b

for “Commissioners of Inland Revenue” there shall be substituted “Commissioners for Her Majesty’s Revenue and Customs”.

5

In Part XI of Chapter 41—

a

rules 41.53 (reference to Inner House) and 41.54 (service of order) shall be renumbered rules 41.52A and 41.52B respectively5; and

b

rule 41.55 (expenses) shall be omitted6.

6

Part IIA of Chapter 70 (applications under the Child Abduction and Custody Act 1985)7 shall be renumbered Part IV.

7

For rule 72.1(1) (interpretation of chapter 22) there shall be substituted the following:–

In this Chapter—

  • “the Act of 1985” means the Bankruptcy (Scotland) Act 1985; and

  • “the EC Regulation” means Council Regulation (EC) 1346/2000 of 29th May 2000 on insolvency proceedings8.

8

After rule 72.1 (interpretation) there shall be inserted the following:–

Application of the EU Regulation72.1A

A petition for sequestration to which section 12 of the Act of 1985 (petition for sequestration of debtor’s estate) applies shall include averments stating—

a

whether the EC Regulation applies; and

b

if so, whether the proceedings are main proceedings or territorial proceedings.

9

After rule 74.10 (form of petition in administration procedure)9 there shall be inserted the following:–

Interim orders74.10A

1

On making an interim order under paragraph 13(1)(d) of Schedule B1 to the Act of 1986 the Lord Ordinary shall fix a hearing on the By Order Roll for a date after the expiry of the period of notice mentioned in rule 14.6 (period of notice for lodging answers).

2

At the hearing under paragraph (1) the Lord Ordinary shall make such order as to further procedure as he thinks fit.