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(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017.
(2) It comes into force on 26th June 2017.
(3) A certified copy is to be inserted in the Books of Sederunt.
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(1) The Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 is amended in accordance with this paragraph.
(2) In rule 1.2 (interpretation)—
(a) in paragraph (1), for the definition of “Council Regulation” substitute—“
 “Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.”;
(b) in paragraph (2) for “liquidator” substitute “insolvency practitioner”.
(3) In Schedule 1, in Form 6.1A, in the Statement of Facts—
(a) in paragraphs 1 and 3, for “liquidator” substitute “insolvency practitioner”; and
(b) in paragraph 3, for “Council Regulation (EC) No. 1346/2000 on insolvency proceedings” substitute “Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time”.
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(1) The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
(2) In rule 62.91(3)(e) (general), for “liquidator” substitute “insolvency practitioner”.
(3) In rule 74.1 (application and interpretation of this chapter)—
(a) for the definition of “Council Regulation” substitute—“
 “Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.”;
(b) in the definition of “establishment”, for “Article 2(h)” substitute “Article 2(10)”;
(c) in the definition of “main proceedings”, for “Article 2(a)” substitute “Article 2(4)”.
(4) In rule 74.24(1A) (substitution of creditor or contributory for petitioner), for “liquidator” substitute “insolvency practitioner”.
(5) In rule 74.25(1)(b) (provisional liquidator), for “liquidator” substitute “insolvency practitioner”.
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(1) The Act of Sederunt (Judicial Factors Rules) 1992 is amended in accordance with this paragraph.
(2) In rule 2 (interpretation)—
(a) for the definition of “Council Regulation” substitute—“
 “Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.”;
(b) in the definition of “establishment”, for “Article 2(h)” substitute “Article 2(10)”;
(c) in the definition of “main proceedings”, for “Article 2(a)” substitute “Article 2(4)”.
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(1) The Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 is amended in accordance with this paragraph.
(2) In rule 3.1 (interpretation), for the definition of “Council Regulation” substitute—“
 “Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.”.
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The amendments made by this Act of Sederunt do not apply to proceedings which are subject to Regulation (EC) 1346/2000 of 29th May 2000 on insolvency proceedings.
CJM SUTHERLAND
Lord President
I.P.D.
Edinburgh
14th June 2017