Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015

Amendment of Chapter 72 of the Rules of the Court of Session

2.—(1) Chapter 72 of the Rules of the Court of Session 1994 in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994(1) is amended in accordance with the following subparagraph.

(2) For rule 72.2 (applications for replacement of trustee under section 28A of the Act of 1985), substitute—

“Determination etc. under section 28A of the Act of 1985: appeals and referrals

72.2.— (1) This rule applies to a petition containing—

(a) an appeal under section 28B(4) of the Act of 1985 (as read with section 28B(6)(a)); or

(b) a referral for a direction under section 28B(5) of the Act of 1985 (as read with section 28B(6)(a)).

(2) A petition to which this rule applies shall include a list of the sequestrations to which the petition relates.

(3) Where the court allows an appeal under section 28B(4)—

(a) the Accountant in Bankruptcy shall intimate a certified copy of the interlocutor of the court to the persons specified in section 28A(12) of the Act of 1985; and

(b) the court may make such orders as it thinks fit for the intimation and advertisement of its decision.”.

(1)

S.I. 1994/1443, last amended by S.S.I. 2015/35.