Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016
CHAPTER 1
CITATION, COMMENCEMENT AND INTERPRETATION ETC.
1.1
Citation, commencement and application, etc.
1.2
Interpretation
1.3
Computation of periods of time
1.4
Forms
1.5
Sequestration process
CHAPTER 2
RELIEF FOR FAILURE TO COMPLY
2.1
Relief for failure to comply with rules
CHAPTER 3
SANCTIONS FOR FAILURE TO COMPLY
3.1
Circumstances where a party is in default
3.2
Sanctions where a party is in default
CHAPTER 4
REPRESENTATION AND SUPPORT
4.1
Representation and support
4.2
Legal representation
4.3
Representation by authorised person
4.4
Lay representation
4.5
Expenses
4.6
Lay support
CHAPTER 5
INTIMATION AND LODGING
5.1
Interpretation of this Chapter
5.2
Intimation
5.3
Methods of intimation
5.4
Methods of intimation: intimation by recorded delivery
5.5
Methods of intimation: intimation by sheriff officer
5.6
Additional methods of intimation where receiving party represented by solicitor
5.7
Form of certificate of intimation
5.8
Lodging
CHAPTER 6
PETITIONS FOR SEQUESTRATION
6.1
Form of petition for sequestration
6.2
Debt payment programmes and moratorium on diligence
6.2A
Warrant for citation
6.3
Citation of debtor
6.4
Service by sheriff officer
6.5
Service furth of Scotland
6.6
Authority to serve by other means
6.7
Intimation of appointment of trustee
CHAPTER 7
APPLICATIONS ETC. UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016
7.1
Form of applications
7.1A
Warrant to enter premises and warrant to apprehend
7.2
Form of remit by AiB
7.3
Applications and remits relating to AiB sequestration
7.4
Determination of applications and remits
7.5
Form of report by original trustee
CHAPTER 8
APPLICATIONS UNDER THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY
8.1
Form of applications
8.2
Transfer of proceedings to Court of Session
CHAPTER 9
APPEALS TO THE SHERIFF UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016
9.1
Form of appeal
9.2
Appeals relating to AiB sequestration
9.3
Determination of appeal
CHAPTER 10
APPEALS TO THE SHERIFF APPEAL COURT
10.1
Appeals to the Sheriff Appeal Court
CHAPTER 11
MOTIONS
11.1
Interpretation
11.2
Making of motions
11.3
Written motions
11.4
Intimation of written motions
11.5
Opposition to written motions
11.6
Consent to written motions
11.7
Lodging of written motions
11.8
Joint written motions
11.9
Determination of unopposed written motions
11.10
Hearing of opposed written motions
CHAPTER 12
WITHDRAWAL OF SOLICITORS
12.1
Interpretation of this Chapter
12.2
Giving notice of withdrawal
12.3
Arrangements for peremptory hearing
12.4
Peremptory hearing
CHAPTER 13
EXPENSES
13.1
Taxation of expenses
13.2
Procedure for taxation of expenses
13.3
Objections to taxed account
13.4
Decree for expenses in name of solicitor
CHAPTER 14
VULNERABLE WITNESSES
14.1
Interpretation and application of this Chapter
14.2
Form of notices and applications
14.3
Determination of notices and applications
14.4
Determination of notices and applications: supplementary orders
14.5
Intimation of orders
14.6
Taking of evidence by commissioner: preparatory steps
14.7
Taking of evidence by commissioner: interrogatories
14.8
Taking of evidence by commissioner: conduct of commission
14.9
Taking of evidence by commissioner: lodging and custody of video record and documents
CHAPTER 15
LIVE LINKS
15.1
Interpretation
15.2
Application for use of live link
CHAPTER 16
REPORTING RESTRICTIONS
16.1
Interpretation and application of this Chapter
16.2
Interim orders: notification to interested persons
16.3
Interim orders: representations
16.4
Notification of reporting restrictions
16.5
Applications for variation or revocation
SCHEDULE 1
FORMS
SCHEDULE 2
FORMS FOR USE IN REGISTER OF INHIBITIONS
APPENDIX
SCHEDULE 3
SERVICE OF DOCUMENTS FURTH OF SCOTLAND
1
Interpretation of this Schedule
2
Service furth of Scotland
3
Service in England and Wales etc.
4
Service in an EU member state
5
Service in a Hague Convention country
6
Service in a country with which the United Kingdom has a convention about how to serve court documents
7
Service in any other country
8
Consular service
9
Personal service
10
Postal service
11
Certification of translations
2016 No. 313

Sheriff Court

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016
Made
6th October 2016
Laid before the Scottish Parliament
10th October 2016
Coming into force
30th November 2016
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 , the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by paragraph 1A of schedule 2 of the European Communities Act 1972 , section 104(1) of the Courts Reform (Scotland) Act 2014 , section 26(6) and (8) of and paragraph 3 of schedule 4 of the Bankruptcy (Scotland) Act 2016 and all other powers enabling it to do so.
This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings, and to Regulation (E.C.) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (E.C.) No. 1348/2000, be construed as references to those instruments as amended from time to time.
2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).
1972 c. 68. Paragraph 1A of schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28, and amended by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.
2014 asp 18.
2016 asp 21.
1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.