The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

Application to replace

This section has no associated Explanatory Memorandum

3.68.—(1) Where an application to court is made under paragraph 91(1) or 95 of Schedule B1 to appoint a replacement administrator, the application must be accompanied by the proposed replacement administrator’s consent to act.

(2) Where the application is made under paragraph 91(1), a copy of the application must be delivered—

(a)to the person who made the application for the administration order;

(b)to any person who has appointed a receiver of the company;

(c)to any person who is or may be entitled to appoint a receiver of the company;

(d)to any person who is or may be entitled to appoint an administrator of the company under paragraph 14 of Schedule B1;

(e)to any receiver of the company;

(f)if there is pending a petition for the winding up of the company, to—

(i)the petitioner, and

(ii)any provisional liquidator;

(g)to any member State liquidator appointed in main proceedings in relation to the company;

(h)to the company, if the application is made by anyone other than the company;

(i)to any supervisor of any CVA in relation to the company; and

(j)to the proposed administrator.

(3) Rules 3.10, 3.11 and 3.13(1) and (2) apply to applications made under paragraph 91(1) and 95 of Schedule B1, with any necessary modifications.