Act of Sederunt (Rules of the Court of Session and Sheriff Court Company Insolvency Rules Amendment) (Miscellaneous) 2014
Citation, commencement and interpretation1.
(1)
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session and Sheriff Court Company Insolvency Rules Amendment) (Miscellaneous) 2014.
(2)
It comes into force on 30th May 2014.
(3)
A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(4)
In this Act of Sederunt—
Amendment of Chapter 74 of the Rules of the Court of Session2.
(1)
(2)
“(1)
An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims)7 by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in process.”
(3)
“Replacement liquidators: block transfer orders74.32A.
(1)
This rule applies to an application under rule 4.26B(1) of the Insolvency Rules (application for block transfer order)9.(2)
An application mentioned in paragraph (1) shall be made by petition.
(3)
Paragraph (4) applies where an application includes the name of one or more sheriff court petition.
(4)
The Deputy Principal Clerk shall notify the sheriff clerk of every sheriff court listed in the application that an application has been made.
(5)
Where the court grants an application, it may order the replacement liquidator to be appointed in any or all of the cases listed in the application.
(6)
Where the court pronounces an interlocutor granting a block transfer order—
(a)
the Deputy Principal Clerk shall send a certified copy of that interlocutor to the replacement liquidator;
(b)
the court may direct that a copy of the interlocutor is—
(i)
to be put in the process of every Court of Session petition where the replacement liquidator has been appointed;
(ii)
to be sent to the sheriff clerk to be put in the process of every sheriff court petition where the replacement liquidator has been appointed; and
(c)
the court may make such orders as it thinks fit for the intimation and advertisement of the appointment of the replacement liquidator.”.
Amendment of Sheriff Court Company Insolvency Rules3.
(1)
The Sheriff Court Company Insolvency Rules are amended in accordance with the following subparagraphs.
(2)
“(1)
An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims)10 by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in the process of the petition.”.
(3)
“Limited disclosure of statement of affairs31AA.
Any application under rules 1.50, 2.22, 3.2A or 4.8A of the Insolvency Rules (orders of limited disclosure etc.)12 shall be made—(a)
where there is no existing process in relation to any liquidation, administration or receivership, by petition; or
(b)
where a process exists in relation to any liquidation, administration or receivership, by note in that process.”.
Edinburgh
This Act of Sederunt amends Chapter 74 of the Rules of the Court of Session 1994 and the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 in consequence of the amendments made to the Insolvency (Scotland) Rules 1986 (“the Insolvency Rules”) by the Insolvency (Scotland) Amendment Rules 2014.
Paragraph 2(3) substitutes a new rule 74.32A (replacement liquidators: block transfer orders) into Chapter 74. The new rule specifies that applications under rule 4.26B(1) of the Insolvency Rules are to be made by petition. Where the application relates to one or more sheriff court petition, the Deputy Principal Clerk of Session is required to notify the sheriff clerk of every sheriff court where an affected petition is proceeding. It also enables the Court to give directions to ensure that a copy of the block transfer order is put in the process of every affected sheriff court and Court of Session petition, and to make such orders as the Court sees fit for the intimation of advertisement of the replacement liquidator’s appointment.
Paragraph 3(3) inserts a new rule into Part V (general provisions) of the Sheriff Court Company Insolvency Rules. This is as a result of the extension of applications for limited disclosure of the statement of affairs to petitions involving the appointment of a receiver or the winding-up of a company. New rule 31AA provides that such an application is to be made by petition where there are no existing proceedings in relation to any liquidation, administration or receivership, or otherwise by note in the process of the existing petition.
Paragraphs 2(2) and 3(2) make consequential amendments to rule 74.28 (appeals against adjudication of claims) of the Rules of the Court of Session 1994 and rule 25 (appeals against adjudication of claims) of the Sheriff Court Company Insolvency Rules as a result of changes made to the right of appeal against the liquidator’s decision to accept or reject a claim. That appeal is now provided for in rule 4.16B(6) of the Insolvency Rules and so the previously-mentioned provisions, which specify the form of such an appeal, are being amended to reflect the change to the Insolvency Rules.