Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017

Amendment of the Rules of the Court of Session 1994

3.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph.

(2) In rule 62.91(3)(e) (general), for “liquidator” substitute “insolvency practitioner”.

(3) In rule 74.1 (application and interpretation of this chapter)—

(a) for the definition of “Council Regulation” substitute—

““Council Regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings, as amended from time to time.”;

(b) in the definition of “establishment”, for “Article 2(h)” substitute “Article 2(10)”;

(c) in the definition of “main proceedings”, for “Article 2(a)” substitute “Article 2(4)”.

(4) In rule 74.24(1A) (substitution of creditor or contributory for petitioner), for “liquidator” substitute “insolvency practitioner”.

(5) In rule 74.25(1)(b) (provisional liquidator), for “liquidator” substitute “insolvency practitioner”.

(1)

The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2017/132.