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.