The Insolvency (Scotland) (Receivership and Winding up) Rules 2018

This section has no associated Policy Notes

5.29.—(1) This rule applies where an application is made to the court under section 172(2) M1 for the removal of the liquidator, or for an order directing the liquidator to initiate a decision procedure of creditors for the purpose of removing the liquidator.

(2) The court may require the applicant to make a deposit or find caution for the expenses to be incurred by the liquidator on the application.

(3) The applicant must, at least 14 days before the hearing, deliver to the liquidator—

(a)a notice of the hearing stating the venue;

(b)a copy of the application; and

(c)a copy of any evidence on which the applicant intends to rely.

(4) The expenses of the application are not payable as an expense of the liquidation unless the court orders otherwise.

(5) Where the court removes the liquidator the order of removal may include such provision as the court thinks fit with respect to matters arising in connection with the removal.

(6) The person removed must as soon as reasonably practicable after receiving a copy of the order of removal deliver a copy of the order of removal to AiB.

(7) If the court appoints a new liquidator, rule 5.26 applies.

Marginal Citations

M1Section 172(2) is prospectively amended by paragraph 43(2) of schedule 9 to the 2015 Act.