Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006

JurisdictionScotland
CitationSSI 2006/197

2006 No. 197

SHERIFF COURT

Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006

Made 3rd April 2006

Coming into force 6th April 2006

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Bankruptcy Rules Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006 and shall come into force on 6th April 2006.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

S-2 Amendment of the Sheriff Court Bankruptcy Rules

Amendment of the Sheriff Court Bankruptcy Rules

2.—(1) The Sheriff Court Bankruptcy Rules2shall be amended in accordance with the following sub-paragraphs.

(2) In rule 1 (citation and interpretation) at the end of paragraph (2) there shall be inserted “and “the Model Law” means the Model Law on Cross-Border Insolvency as set out in Schedule 1 to the Cross-Border Insolvency Regulations 20063.”.

(3) In rule 3 (petitions for sequestration) after paragraph (2) (petition by qualified creditor) there shall be inserted the following:—

S-2A

“2A A petition—

(i) under section 5(2)(ba) of the Act of 1985 by a temporary administrator;

(ii) under section 5(2)(bb) of the Act of 1985 by a member State liquidator appointed in main proceedings; or

(iii) under article 11 of the Model Law by a foreign representative,

shall be in Form 3A.”.

(4) After rule 18 (debt payment programme) there shall be inserted the following:—

S-19

UNCITRAL Model Law on Cross-Border Insolvency

19.—(1) An application under article 12 of the Model Law shall be made by note in the process of the petition to which the application relates.

(2) On receipt of a certified copy interlocutor of a Lord Ordinary ordering proceedings under these rules to be transferred to the Court of Session under paragraph 11 of Schedule 3 to the Cross-Border Insolvency Regulations 2006, the sheriff clerk shall within four days transmit the process to the deputy principal clerk of session.”.

(5) In Appendix 1 after Form 3 there shall be inserted the Form set...

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