CHAPTER 1

CITATION, COMMENCEMENT AND INTERPRETATION ETC.

Interpretation
1.2
1
In this Act of Sederunt—
- “the 2016 Act” means the Bankruptcy (Scotland) Act 2016;
- “AiB sequestration” means the sequestration of a debtor’s estate by AiB following a debtor application made under the following provisions of the 2016 Act—
  1. section 2(1)(a);
  2. section 5(a);
  3. section 6(3)(a);
  4. section 6(4)(a);
  5. section 6(4)(b); or
  6. section 6(7)(a);
- “Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.
- “Model Law on Cross-Border Insolvency” means the Model Law on cross-border insolvency as adopted by the United Nations Commission on International Trade Law on 30th May 1997 as set out in schedule 1 of the Cross-Border Insolvency Regulations 2006 ;
- “Register of Inhibitions” means the register mentioned in section 44(1) of the Conveyancing (Scotland) Act 1924 .
2
In this Act of Sederunt, the following expressions have the meaning given by section 228(1) of the 2016 Act—
- “AiB”;
- “debtor application”;
- “establishment”;
- “main proceedings”;
- “member State insolvency practitioner”;
- “temporary administrator”.
S.I. 2006/1030, to which there are amendments not relevant to this Act of Sederunt.
1924 c. 27. Section 44 was amended by the Conveyancing Amendment (Scotland) Act 1938 (c. 24), section 7(1)(b); the Bankruptcy (Scotland) Act 1985 (c. 66), section 75, schedule 7, paragraph 5, and schedule 8; the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 59 and schedule 2, paragraph 6; the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 156; and the Land Registration etc. (Scotland) Act 2012 (asp 5), schedule 5, paragraph 9(4).
Rule 1.2 in force at 30.11.2016, see rule 1.1(2)
Words in rule 1.2(1) substituted (26.6.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017 (S.S.I. 2017/202), paras. 1(2), 2(2)(a) (with para. 6)
Words in rule 1.2(2) substituted (26.6.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017 (S.S.I. 2017/202), paras. 1(2), 2(2)(b) (with para. 6)