The Bank Insolvency (Scotland) Rules 2009 No. 351 (S. 5)

PART 15 GENERAL PROVISIONS

Giving of notices, etc

118.—(1) Apply rule 7.21 of the 1986 Rules(1).

(2) In rule 7.21(1) for the words “the Act or the Rules” substitute “the Act as applied by the 2009 Act or these Rules”.

Service outside the United Kingdom

119.  Where, for the purposes of bank insolvency proceedings, there is a requirement to effect service on a person outwith the United Kingdom, the court may, on application, order service to be effected in such manner as it thinks fit.

Sending by post

120.  Apply rule 7.22 of the 1986 Rules(2).

Certificate of giving notice, etc.

121.  Apply rule 7.23 of the 1986 Rules.

Validity of proceedings

122.—(1) Apply rule 7.24 of the 1986 Rules.

(2) For the words “the Act or the Rules”, substitute “the Act as applied by the 2009 Act or these Rules”.

Evidence of proceedings at meetings

123.  Apply rule 7.25 of the 1986 Rules.

Right to list of creditors and copy documents

124.—(1) Apply rule 7.26 of the 1986 Rules(3).

(2) Apply rule 7.26 of the 1986 Rules.

(3) For rule 7.26(1) substitute “Paragraph (2) applies to bank insolvency proceedings.”.

(4) Ignore rule 7.26(2A) where it first occurs referring to Member State Liquidator.

Confidentiality of documents

125.  Apply rule 7.27 of the 1986 Rules(4).

Insolvency practitioner’s caution

126.—(1) Apply rule 7.28 of the 1986 Rules.

(2) For rule 7.28(2) substitute “It is the duty of the liquidation committee in a bank insolvency to review from time to time the adequacy of the bank liquidator’s caution.”.

Forms for use in insolvency proceedings

127.  The forms contained in Schedule 5 to the 1986 Rules shall be used, with such variations as circumstances require.

Fees, expenses, etc

128.  Apply rule 7.31 of the 1986 Rules(5).

Power of court to cure defects in procedure

129.  Apply rule 7.32 of the 1986 Rules.

Sederunt book

130.—(1) Apply rule 7.33 of the 1986 Rules(6).

(2) In rule 7.33 for the words “the Act or of the Rules”, substitute “the Act as applied by the 2009 Act and these Rules”.

Disposal of company’s books, papers and other records

131.  Apply rule 7.34(1) and (3) of the 1986 Rules(7).

Information about time spent on a case

132.  Apply rule 7.36 of the 1986 Rules(8).

(1)

Rule 7.21 was amended by paragraph 47 of Schedule 1(I) to S.I. 1987/1921.

(2)

Rule 7.22 was amended by paragraph 48 of Schedule 1(I) to S.I. 1987/1921.

(3)

Rule 7.26 was amended by paragraph 49 of Schedule 1(I) to S.I. 1987/1921, and regulation 28(2) of Part II of S.I. 2003/2109.

(4)

Rule 7.27 was amended by paragraph 50 of Schedule 1(I) to S.I. 1987/1921.

(5)

Rule 7.31 was amended by article 8 of Part 1 of S.I. 2003/2108.

(6)

Rule 7.33 was amended by paragraph 51 of Schedule 1(I) to S.I. 1987/1921, and paragraph 10 of Schedule 2(1) to S.I. 2003/2111.

(7)

Rule 7.34 was amended by paragraph 52 of Schedule 1(I) to S.I. 1987/1921, and rule 14 of S.I. 2006/734.

(8)

Rule 7.36 was amended by rule 5 of S.S.I. 2008/393.