Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016

JurisdictionScotland
CitationSSI 2016/312

2016 No. 312

Court Of Session

Sheriff Appeal Court

Sheriff Court

Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 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 20131, 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 section 11B of the Judicial Factors (Scotland) Act 18892, sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20143and all other powers enabling it to do so.

S-1 Citation and commencement, etc.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016.

(2) It comes into force on 30th November 2016.

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

S-2 Amendment of the Rules of the Court of Session 1994

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 19944are amended in accordance with this paragraph.

(2) In rule 33.9 (caution and security – insolvency or death of cautioner or guarantor)5, in paragraph (a), for “section 7 of the Bankruptcy (Scotland) Act 1985 (constitution of apparent insolvency)” substitute “section 16 of the Bankruptcy (Scotland) Act 2016 (meaning of apparent insolvency)”.

(3) In rule 61.23 (judicial factors – administration, deathbed and funeral expenses), in paragraph (2), for “section 51(1) of the Bankruptcy (Scotland) Act 1985 (order of priority in distribution)” substitute “section 129(1) of the Bankruptcy (Scotland) Act 2016 (priority in distribution)”.

(4) For Chapter 72 (Bankruptcy (Scotland) Act 1985)6, substitute—

CHAPTER 72

Bankruptcy (Scotland) Act 2016

S-72.1

Interpretation of this Chapter

72.1.—(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.

S-72.2

Determination etc. under section 66: appeals and referrals

72.2.—(1) This rule applies to a petition containing—

(a)

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

(b)

(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)

(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)

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

S-72.3

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)

(a) the sheriff clerk; and

(b)

(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)

(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)

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

(5) Omit rule 74.39 (appeals against adjudication of claims).

(6) In rule 74.59 (building society insolvency procedure – appeals against adjudication of claims)8, for “section 49(6) of the Bankruptcy (Scotland) Act 1985”, substitute “section 127(5) of the Bankruptcy (Scotland) Act 20169”.

(7) In the Appendix, omit Form 72.4 (information to be contained in the Register of Insolvencies)10.

S-3 Amendment of the Act of Sederunt (Applications under Part VII of the Companies Act 1989) 1991

Amendment of the Act of Sederunt (Applications under Part VII of the Companies Act 1989) 1991

3.—(1) The Act of Sederunt (Applications under Part VII of the Companies Act 1989) 199111is amended in accordance with this paragraph.

(2) In paragraph 1(3) (citation and commencement), for “section 5 or 6 of the Bankruptcy (Scotland) Act 1985” substitute “section 2, 5 or 6 of the Bankruptcy (Scotland) Act 2016”.

S-4 Amendment of the Judicial Factors Rules

Amendment of the Judicial Factors Rules

4.—(1) The Act of Sederunt (Judicial Factors Rules) 199212is amended in accordance with this paragraph.

(2) In rule 28 (administration, deathbed and funeral expenses), for “those claims given a preference by section 51(1) and (2) of, and Schedule 3 to, the Bankruptcy (Scotland) Act 1985” substitute “those debts listed in paragraphs (a) to (e) of section 129(1) of the Bankruptcy (Scotland) Act 2016”.

S-5 Amendment of the Ordinary Cause Rules 1993

Amendment of the Ordinary Cause Rules 1993

5.—(1) The Ordinary Cause...

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