“CHAPTER 72Bankruptcy (Scotland) Act 2016

Interpretation of this Chapter72.1.

(1)

In this Chapter, references to a section are to sections of the Bankruptcy (Scotland) Act 20167.

(2)

Unless the context otherwise requires, words and expressions used in this Chapter which are also used in the Bankruptcy (Scotland) Act 2016 have the same meaning as in that Act.

Determination etc. under section 66: appeals and referrals72.2.

(1)

This rule applies to a petition containing—

(a)

an appeal under section 68(4) (as read with section 68(6)(a)); or

(b)

a referral for a direction under section 68(5) (as read with section 68(6)(a)).

(2)

The petition must include a list of the sequestrations to which the petition relates.

(3)

Where the court allows an appeal under section 68(4)—

(a)

the Accountant in Bankruptcy must intimate a certified copy of the interlocutor of the court to the persons specified in section 67(2); and

(b)

the court may make such orders as it thinks fit for the intimation and advertisement of its decision.

Remit of application under section 211(1)72.3.

(1)

An application under section 211(5)(b) (application for a direction to remit an application under section 211(1)) is to be made by petition.

(2)

A copy of the application under section 211(1) (application to sheriff to cure defects in procedure) certified by the sheriff clerk must be lodged with any application under section 211(5)(b).

(3)

Where the court has determined an application under section 211(5)(b), the applicant must intimate a certified copy of the interlocutor of the court forthwith to—

(a)

the sheriff clerk; and

(b)

the Accountant in Bankruptcy.

(4)

Where the court grants an application under section 211(5)(b), the sheriff clerk must, on receipt of the certified copy of the interlocutor of the court, transmit the application under section 211(1) and those parts of the sequestration process in the custody of the sheriff clerk, to the Deputy Principal Clerk.

(5)

Where the court has determined the matters raised by the application under section 211(1)—

(a)

the applicant under section 211(5)(b) must intimate a certified copy of the interlocutor of the court forthwith to—

(i)

the sheriff clerk; and

(ii)

the Accountant in Bankruptcy; and

(b)

the Deputy Principal Clerk must transmit the parts of process transmitted under paragraph (4) to the sheriff clerk.”