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PART 1Introductory provisions

Citation commencement and interpretation

1.  These Rules may be cited as the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 and come into force on 1st October 2021.

2.  In these Rules the “Insolvency Rules” means the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018(1).

Extent

3.  These Rules extend to Scotland only.

Saving provisions

4.—(1) This rule applies where before 1st October 2021—

(a)a moratorium under Part A1 of the Insolvency Act 1986 has come into force; or

(b)in the case of a moratorium for a company to which either section A4 or A5 of the Insolvency Act 1986(2) applies, an application has been made to the court.

(2) Where this rule applies—

(a)the amendments made by Parts 2 to 4 of these Rules do not apply; and

(b)Part 4 of Schedule 4 to the Corporate Insolvency and Governance Act 2020(3) continues to have effect

in relation to that moratorium.

5.  Nothing in Parts 2 to 4 of these Rules affects the operation of the Insolvency Rules in relation to a moratorium under Schedule 1A to the Insolvency Act 1986 which has come into force before 1st October 2021.

(1)

SI 2018/1082; those Rules have been amended but the amendments are not relevant for the purposes of these Rules.

(2)

Sections A4 and A5 were inserted by section 1 of the Corporate Insolvency and Governance Act 2020 (c. 12).

(3)

2020 c. 12; Schedule 4 has been amended but those amendments are not relevant for the purposes of these Rules.