
2014 No. 119
Court Of Session
Sheriff Court
Act of Sederunt (Rules of the Court of Session and Sheriff Court Company Insolvency Rules Amendment) (Miscellaneous) 2014
Made 1st May 2014
Laid before the Scottish Parliament 2nd May 2014
Coming into force 30th May 2014
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971, section 5 of the Court of Session Act 1988 and of 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, do hereby enact and declare:
Citation, commencement and interpretation
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session and Sheriff Court Company Insolvency Rules Amendment) (Miscellaneous) 2014.
(2) It comes into force on 30th May 2014.
(3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(4) In this Act of Sederunt—
 “the Rules of the Court of Session” means the Rules of the Court of Session 1994 in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994;
 “the Sheriff Court Company Insolvency Rules” means the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986.
Amendment of Chapter 74 of the Rules of the Court of Session
2 

(1) Chapter 74 of the Rules of the Court of Session (companies) is amended in accordance with the following subparagraphs.
(2) In rule 74.28 (appeals against adjudication of claims), for paragraph (1) substitute—“
(1) An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims) by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in process.”
(3) For rule 74.32A (replacement liquidators), substitute—“
Replacement liquidators: block transfer orders
74.32A. 

(1) This rule applies to an application under rule 4.26B(1) of the Insolvency Rules (application for block transfer order).
(2) An application mentioned in paragraph (1) shall be made by petition.
(3) Paragraph (4) applies where an application includes the name of one or more sheriff court petition.
(4) The Deputy Principal Clerk shall notify the sheriff clerk of every sheriff court listed in the application that an application has been made.
(5) Where the court grants an application, it may order the replacement liquidator to be appointed in any or all of the cases listed in the application.
(6) Where the court pronounces an interlocutor granting a block transfer order—
(a) the Deputy Principal Clerk shall send a certified copy of that interlocutor to the replacement liquidator;
(b) the court may direct that a copy of the interlocutor is—
(i) to be put in the process of every Court of Session petition where the replacement liquidator has been appointed;
(ii) to be sent to the sheriff clerk to be put in the process of every sheriff court petition where the replacement liquidator has been appointed; and
(c) the court may make such orders as it thinks fit for the intimation and advertisement of the appointment of the replacement liquidator.”.
Amendment of Sheriff Court Company Insolvency Rules
3 

(1) The Sheriff Court Company Insolvency Rules are amended in accordance with the following subparagraphs.
(2) In rule 25 (appeals against adjudication of claims), for paragraph (1) substitute—“
(1) An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims) by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in the process of the petition.”.
(3) After rule 31A (applications under section 176A of the Act of 1986), insert—“
Limited disclosure of statement of affairs
31AA. 
Any application under rules 1.50, 2.22, 3.2A or 4.8A of the Insolvency Rules (orders of limited disclosure etc.) shall be made—
(a) where there is no existing process in relation to any liquidation, administration or receivership, by petition; or
(b) where a process exists in relation to any liquidation, administration or receivership, by note in that process.”.
BRIAN GILL
Lord President
I.P.D.
Edinburgh
1st May 2014