- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, Cross Heading: CHAPTER 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]
1A.20.—(1) Notice bringing the moratorium to an end under section A38 must be lodged with the court in accordance with paragraph (2).
(2) The notice must—
(a)be lodged with the court—
(i)together with one copy for the company; and
(ii)as soon as practicable after the duty to bring the moratorium to an end arises.
(b)be headed “Notice of termination of moratorium by monitor under section A38”;
(c)state—
(i)that the notice is lodged for the purpose of terminating a moratorium under section A38 of the Act;
(ii)the identification details of the company to which the notice relates;
(iii)the name and contact details of the monitor;
(iv)the court in which the notice is lodged;
(v)where the court has previously allocated a number to the insolvency proceedings within which the notice is lodged, that number;
(vi)the date on which the notice is lodged;
(vii)the grounds on which the moratorium is to be terminated;
(viii)the monitor’s reasons for concluding that those grounds are made out; and
(ix)the date on which the monitor concluded that those grounds were made out; and
(d)be authenticated by, or on behalf of, the monitor.
(3) The court must endorse both the notice and the copy of the notice with the date and time of lodging.
(4) The endorsed copy of the notice must be delivered to the monitor.
(5) The monitor must deliver—
(a)the endorsed copy of the notice to the company; and
(b)further copies of that notice to—
(i)the registrar of companies; and
(ii)where paragraph (7) applies, the person specified in paragraphs 7(b),
within the period of 3 business days beginning with the day on which the endorsed copy of the notice is delivered to the monitor.
(6) Paragraph (7) applies where—
(a)notification is required to be given to any of the relevant persons referred to in section A17(8)(b) to (d); or
(b)the moratorium is for a company which is a regulated company within the meaning given by section A49.
(7) Where this paragraph applies the monitor must deliver a copy of the document delivered to the registrar of companies to—
(a)the persons referred to in section A17(8)(b) to (d) for the purpose of giving the notification required by that section; and
(b)the appropriate regulator, for the purpose of giving the notification required by section A49(3).
1A.21. For the purpose of deciding whether to bring a moratorium to an end under section A38(1)(d) the monitor must disregard—
(a)any debts that the monitor has reasonable grounds for thinking are likely to be—
(i)paid; or
(ii)compounded to the satisfaction of the creditor;
within 5 business days of the decision; and
(b)any debts in respect of which the creditor has agreed to defer payment until a time that is later than the decision.]
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: