Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015

JurisdictionScotland
CitationSSI 2015/119

2015No. 119

COURT OF SESSION

SHERIFF COURT

Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015

18thMarch2015

19thMarch2015

1stApril2015

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971( 1), section 5 of the Court of Session Act 1988( 2) and all other powers enabling them in that behalf, having approved with such modifications as they think appropriate draft rules submitted to them by the Scottish Civil Justice Council in accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( 3), do hereby enact and declare:

Citation, commencement etc.

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015.

(2) It comes into force on 1st April 2015.

(3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of Chapter 72 of the Rules of the Court of Session

2.-(1) Chapter 72 of the Rules of the Court of Session 1994 in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994( 4) is amended in accordance with the following subparagraph.

(2) For rule 72.2 (applications for replacement of trustee under section 28A of the Act of 1985), substitute-

"Determination etc. under section 28A of the Act of 1985: appeals and referrals

72.2.

-(1) This rule applies to a petition containing-(a) an appeal under section 28B(4) of the Act of 1985 (as read with section 28B(6)(a)); or(b) a referral for a direction under section 28B(5) of the Act of 1985 (as read with section 28B(6)(a)).(2) A petition to which this rule applies shall include a list of the sequestrations to which the petition relates.(3) Where the court allows an appeal under section 28B(4)-(a) the Accountant in Bankruptcy shall intimate a certified copy of the interlocutor of the court to the persons specified in section 28A(12) of the Act of 1985; and(b) the court may make such orders as it thinks fit for the intimation and advertisement of its decision.".

Amendment of the Sheriff Court Bankruptcy Rules

3.-(1) The Sheriff Court Bankruptcy Rules in the Schedule to the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008( 5) are amended in accordance with the following subparagraphs.

(2) In rule 1 (citation and interpretation), in the definition of "AIB sequestration", for "section 5(2)(a) or 6(3)(a), 4(a) or 6(a)" substitute "section 5(2)(a) or (3)(a) or section 6(3)(a), 4(za), 4(a) or 6(a)".

(3) In rule 3(2) (petitions for sequestration)-

(a) in subparagraph (i), for "section 5(2)(ii)" substitute "section 5(2)(b)(ii)";(b) in subparagraph (ii), for "section 5(2)(iii)" substitute "section 5(2)(b)(iii)".

(4) In rule 5 (applications)-

(a) after paragraph (1) insert-"(1A) An application by the Accountant in Bankruptcy for a direction under the following provisions of the Act of 1985 shall be in Form 5C-(a) section 3(6) (trustee application to the sheriff for directions in relation to any particular matter)( 6)(b) section 3A(3) (application to Accountant in Bankruptcy for a direction)( 7);(c) section 28B(5) (replacement of trustee: application for direction)( 8);(d) section 29(6I) (removal of trustee and trustee not acting: application for direction)( 9);(e) section 42(2E) (contractual powers of trustee: application for direction)( 10);(f) paragraph 3(7) of Schedule 1 (debts depending on contingency: application for direction)( 11) (1B) Where the Accountant in Bankruptcy-(a) remits an application made under section 17A of the Act of 1985 to the sheriff under section 17F(1); or(b) before deciding under section 17E(6) whether to grant a recall of an award of...

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