The Insolvency (Scotland) Amendment (No. 2) Rules 2009

Statutory Instruments

2009 No. 2375 (S.11)

Insolvency, Scotland

Companies

The Insolvency (Scotland) Amendment (No. 2) Rules 2009

Made

1st September 2009

Laid before Parliament

3rd September 2009

Coming into force

1st October 2009

The Secretary of State makes the following Rules in exercise of the powers conferred by section 411 of the Insolvency Act 1986(1).

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Insolvency (Scotland) Amendment (No. 2) Rules 2009 and come into force on 1st October 2009.

(2) In these Rules “the principal Rules” means the Insolvency (Scotland) Rules 1986(2).

Amendments to the principal Rules

2.—(1) The principal Rules shall be amended in the manner provided for in Schedule 1.

(2) For Form 2.30B (Scot)(3) in Schedule 5 to the principal Rules substitute the form set out in Schedule 2 to these Rules.

Ian Lucas

Minister for Business and Regulatory Reform

Department for Business, Innovation and Skills

1st September 2009

Rule 2

SCHEDULE 1 AMENDMENTS TO THE PRINCIPAL RULES

1.  In the following forms—

(a) Form 2.2B (Scot);

(b) Form 2.3B (Scot);

(c) Form 2.11B (Scot);

(d) Form 2.15B (Scot);

(e) Form 2.16B (Scot);

(f) Form 2.17B (Scot);

(g) Form 2.18B (Scot);

(h) Form 2.19B (Scot);

(i) Form 2.20B (Scot);

(j) Form 2.21B (Scot);

(k) Form 2.22B (Scot);

(l) Form 2.23B (Scot);

(m) Form 2.24B (Scot);

(n) Form 2.25B (Scot);

(o) Form 2.26B (Scot);

(p) Form 2.27B (Scot);

(q) Form 2.29B (Scot);

(r) Form 2.31B (Scot);

(s) Form 2.32B (Scot); and

(t) Form 4.31 (Scot);

for “37 Castle Terrace, Edinburgh EH1 2EB” substitute “4th Floor, Edinburgh Quay 2, 139 Fountainbridge, Edinburgh, EH3 9FF”.

2.  In Form 4.31 (Scot) for “George House, 126 George Street, Edinburgh EH2 4HH LP 1. Edinburgh 20” substitute “1 Pennyburn Road, Kilwinning, KA13 6SA, LP4 - Kilwinning”.

Rule 2

SCHEDULE 2

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules amend the Insolvency (Scotland) Rules 1986 (S.I. 1986/1915) (“the principal Rules”).

Schedule 1 amends a number of the forms in Schedule 5 to the principal Rules to update the addresses for Companies House and the Accountant in Bankruptcy.

Schedule 2 substitutes a new Form 2.30B (Scot). When the original Form 2.30B (Scot) was inserted by S.I. 2003/2111 the form number was not included. In order to correct this error the form is now being represcribed. The only other change to the content of Form 2.30B (Scot) is to update the Companies House address.

No Regulatory Impact Assessment has been prepared in relation to these Rules as they will not impose any significant burdens on business.

(1)

1986 c.45. Section 411 was relevantly amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c.4) Schedule 4, paragraph 188.

(2)

S.I. 1986/1915, relevant amending instruments are S.I. 2003/2111 and S.I. 2003/2108.

(3)

Form 2.30B (Scot) was inserted by S.I. 2003/2111.