Amendment of Chapter 74 of the Rules of the Court of Session2

1

Chapter 74 of the Rules of the Court of Session (companies)6 is amended in accordance with the following subparagraphs.

2

In rule 74.28 (appeals against adjudication of claims), for paragraph (1) substitute—

1

An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims)7 by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in process.

3

For rule 74.32A (replacement liquidators)8, substitute—

Replacement liquidators: block transfer orders74.32A

1

This rule applies to an application under rule 4.26B(1) of the Insolvency Rules (application for block transfer order)9.

2

An application mentioned in paragraph (1) shall be made by petition.

3

Paragraph (4) applies where an application includes the name of one or more sheriff court petition.

4

The Deputy Principal Clerk shall notify the sheriff clerk of every sheriff court listed in the application that an application has been made.

5

Where the court grants an application, it may order the replacement liquidator to be appointed in any or all of the cases listed in the application.

6

Where the court pronounces an interlocutor granting a block transfer order—

a

the Deputy Principal Clerk shall send a certified copy of that interlocutor to the replacement liquidator;

b

the court may direct that a copy of the interlocutor is—

i

to be put in the process of every Court of Session petition where the replacement liquidator has been appointed;

ii

to be sent to the sheriff clerk to be put in the process of every sheriff court petition where the replacement liquidator has been appointed; and

c

the court may make such orders as it thinks fit for the intimation and advertisement of the appointment of the replacement liquidator.