Act of Sederunt (Rules of the Court of Session 1994) 1994

Lodging of nominee’s report (company in liquidation etc.) S

74.5.—(1) This rule applies where the company is being wound up by the court or there is an administration order in force in respect of it pronounced by the court.

(2) In this rule, “process” means the process of the petition under section 9(1) (petition for administration order), or section 124(2) (petition to wind up a company), of the Act of 1986, as the case may be.

(3) A report of a nominee submitted to the court under section 2(2) of the Act of 1986 (procedure where nominee is not the liquidator or administrator) shall be–

(a) lodged in process; and

(b) placed before the insolvency judge for consideration of any direction which he may make under section 3(1) of that Act.

(4) An application by a nominee to extend the time within which he may submit his report under section 2(2) of the Act of 1986 shall be made by letter addressed to the Deputy Principal Clerk who shall–

(a) place the letter before the insolvency judge for determination;

(b) intimate that determination by a written reply; and

(c) lodge the letter, and a copy of the reply, in the process of the petition to which it relates.

Commencement Information

I1 Sch. 2 rule 74.5 in force at 5.9.1994, see para. 1(1)

(1)

Section 9 was amended by the Criminal Justice Act 1988 (c. 33), section 62(2) and by the Companies Act 1989 (c. 40), Schedule 16, paragraph 3(2).

(2)

Section 124 was amended by the said Act of 1988, section 62(2) and by the said Act of 1989, section 60(2).