51 Power to appoint receiver.S
(1)It is competent under the law of Scotland for the holder of a floating charge over all or any part of the property (including uncalled capital), which may from time to time be comprised in the property and undertaking of an incorporated company (whether a company within the meaning of the Companies Act or not) which the Court of Session has jurisdiction to wind up, to appoint a receiver of such part of the property of the company as is subject to the charge.
(2)It is competent under the law of Scotland for the court, on the application of the holder of such a floating charge, to appoint a receiver of such part of the property of the company as is subject to the charge.
[F1(2A)Subsections (1) and (2) are subject to section 72A.]
(3)The following are disqualified from being appointed as receiver—
(a)a body corporate;
(b)an undischarged bankrupt; and
(c)a firm according to the law of Scotland.
(4)A body corporate or a firm according to the law of Scotland which acts as a receiver is liable to a fine.
(5)An undischarged bankrupt who so acts is liable to imprisonment or a fine, or both.
(6)In this section, “receiver” includes joint receivers.
Textual Amendments
F1S. 51(2A) inserted (15.9.2003) by 2002 c. 40, ss. 248(3), 279, Sch. 17 para. 13 (with s. 249(1)-(3)(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))
Modifications etc. (not altering text)
C1Ss. 50-52 applied (with modifications) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2