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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Applications for transfer or remit of sequestrationS

72.4.—(1) An application under section 15(2) (transfer of sequestration from one sheriff to another), or section 63(3)(b) (application for a direction to remit an application under section 63(1)), of the Act of 1985 from the sheriff to the court shall be made–

(a)where sequestration has been awarded by the court, by motion; or

(b)where sequestration has been awarded by the sheriff, by petition.

(2) The applicant under section 15(2) of the Act of 1985 shall intimate such motion to or serve such petition on–

(a)the debtor;

(b)any person who was a petitioner or concurred in the petition for sequestration;

(c)the interim trustee or permanent trustee;

(d)the Accountant in Bankruptcy; and

(e)the sheriff clerk.

(3) A copy of the application under section 63(1) of the Act of 1985 (application to sheriff to cure defects in procedure), certified by the sheriff clerk, shall be lodged with any application under section 63(3)(b) of that Act.

(4) Where the court has determined an application under section 15(2) or section 63(3)(b) of the Act of 1985, the applicant shall intimate a certified copy of the interlocutor of the court forthwith to–

(a)the sheriff clerk; and

(b)the Accountant in Bankruptcy.

(5) Where the court grants an application under section 15(2) of the Act of 1985, the sheriff clerk shall, on receipt of a certified copy of the interlocutor of the court, transmit those parts of the sequestration process in his custody to the sheriff clerk of the sheriff court specified in the interlocutor.

(6) Where the court grants an application under section 63(3)(b) of the Act of 1985, the sheriff clerk shall, on receipt of a certified copy of the interlocutor of the court, transmit the application under section 63(1) of that Act, and those parts of the sequestration process in his custody, to the Deputy Principal Clerk.

(7) Where the court has determined the matters raised by the application under section 63(1) of the Act of 1985–

(a)the applicant under section 63(3)(b) of that Act shall intimate a certified copy of the interlocutor of the court forthwith to–

(i)the sheriff clerk; and

(ii)the Accountant in Bankruptcy; and

(b)the Deputy Principal Clerk shall transmit the parts of process transmitted to him under paragraph (6) to the sheriff clerk.

Commencement Information

I1Sch. 2 rule 72.4 in force at 5.9.1994, see para. 1(1)

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