
1 
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(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.
2 
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(1) The Sheriff Court Bankruptcy Rules shall 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 2006.”.
(3) In rule 3 (petitions for sequestration) after paragraph (2) (petition by qualified creditor) there shall be inserted the following:—“
(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:—“
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(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 out in the Schedule to this Act of Sederunt.
BRIAN GILL
Lord Justice Clerk, I.P.D.
Edinburgh
3rd April 2006
SCHEDULE
Paragraph 2(5)

Form 3A
Rule 3(2A)