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The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021

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Rule 45

SCHEDULE 1Minor amendments

1.  The Insolvency Rules are amended as follows.

2.  In the provisions of the Insolvency Rules specified in the first column in the Table in paragraph 3, at the appropriate place (as specified in the third column in the table), the amendments specified in the fourth column in the Table have effect.

3.  This is the Table referred to in paragraph 2—

Insolvency RulesTopicAppropriate placeAmendment
Rule 1.1ScopeIn paragraph (1)After “in relation to” insert “moratoriums,”
In paragraph (1)(a)For “Parts 1” substitute “Parts A1, 1”
In paragraph (2)For “Parts 1” substitute “Parts A1, 1”
Rule 1.25Standard contents of notices to be delivered to persons other than the registrar of companiesIn paragraph (1)For “Parts 1” substitute “Parts A1, 1”
Rule 1.49Right to copies of documentsFor “Parts 1” substitute “Parts A1, 1”

Rule 46

SCHEDULE 2Amendments in consequence of the repeal of Schedule A1 to the Insolvency Act 1986

1.  The Insolvency Rules are amended as follows.

2.  In the provisions in the Insolvency Rules specified in the first column in the Table in paragraph 3, at the appropriate place (as specified in the third column in the Table), the amendments specified in the fourth column in the Table have effect.

3.  This is the Table referred to in paragraph 2—

Insolvency RulesTopicAppropriate placeAmendment
Rule 1.2Defined termsIn paragraph (1) in the definition of “the Act”For “Schedule A1” substitute “Schedule ZA1, ZA2,”
In paragraph (1) in the definition of “hire-purchase agreement”Omit the words from “and is supplemented by” to “Schedule B1”
Rule 1.17Registrar of companies: covering noticesIn paragraph(1)(g)(iv)Omit the words after “sections 4(6) and 6A”
Rule 2.3Proposal: contentsIn the table in paragraph (1) to entry “Handling of funds arising”In sub-paragraph (c) omit “or paragraph 37(2)(b)(ii) of Schedule A1”
Chapter 3 of Part 2Procedure for a CVA without a moratoriumIn the headingOmit “without a moratorium”
Rules 2.10 to Rule 2.23Procedure for a CVA with a moratoriumOmit
Rule 2.28Creditors’ approval of modified proposalOmit
Rule 2.36Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1In the heading and in paragraph (1)Omit the words after “section 4A(6)”
Rule 2.37Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1In the headingOmit the words after section 4(6) and (6A)
In paragraph (1)Omit “or paragraph 30(3) and (4) of Schedule A1”
In paragraph (6)Omit “or paragraph 36 of Schedule A1”
Rule 2.38Hand-over of property etc. to supervisorIn paragraph (1)Omit “or paragraph 36 of Schedule A1”
Rule 2.39Revocation or suspension of CVAIn paragraph (1)Omit the words after “section 6”
In paragraph (4)Omit “or under paragraph 38(4)(b) or (c) of Schedule A1”
Rule 2.42Fees and expensesIn sub-paragraph (a)Omit the words after “section 4A”
Rule 4.2Applications for a block transfer orderIn paragraphs (2)(a) and 3(a)Omit the words after “section 7(5)”
Rule 5.11Notice of decision procedures or of seeking deemed consent: when and to whom deliveredIn the table in paragraph (1) in the fourth column corresponding with the entry headed “proposed CVA”Omit the words from the beginning of that entry up to and including “Schedule A1”
Rule 5.22Adjournment by chairParagraph (3)Omit
Rule 5.32Appeals against decisions under this ChapterIn paragraph (5)Omit “or paragraph 30(3) of Schedule A1”
Paragraph 8 of Schedule 2CVA moratoriaOmit

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