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Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

S.S.I. 2016/313 · Made 6 October 2016 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2020.

Sheriff Court

Made 6th October 2016

Laid before the Scottish Parliament 10th October 2016

Coming into force 30th November 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by paragraph 1A of schedule 2 of the European Communities Act 1972f2, section 104(1) of the Courts Reform (Scotland) Act 2014f3, section 26(6) and (8) of and paragraph 3 of schedule 4 of the Bankruptcy (Scotland) Act 2016f4 and all other powers enabling it to do so.

This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972f5 and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings, and to Regulation (E.C.) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (E.C.) No. 1348/2000, be construed as references to those instruments as amended from time to time.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

1972 c. 68. Paragraph 1A of schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28, and amended by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.

f3

2014 asp 18.

f4

2016 asp 21.

f5

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.

Contents

  1. Part CHAPTER 1: CITATION, COMMENCEMENT AND INTERPRETATION ETC.
  2. 1.1Citation, commencement and application, etc.
  3. 1.2Interpretation
  4. 1.3Computation of periods of time
  5. 1.4Forms
  6. 1.5Sequestration process
  7. Part CHAPTER 2: RELIEF FOR FAILURE TO COMPLY
  8. 2.1Relief for failure to comply with rules
  9. Part CHAPTER 3: SANCTIONS FOR FAILURE TO COMPLY
  10. 3.1Circumstances where a party is in default
  11. 3.2Sanctions where a party is in default
  12. Part CHAPTER 4: REPRESENTATION AND SUPPORT
  13. 4.1Representation and support
  14. 4.2Legal representation
  15. 4.3Representation by authorised person
  16. 4.4Lay representation
  17. 4.5Expenses
  18. 4.6Lay support
  19. Part CHAPTER 5: INTIMATION AND LODGING
  20. 5.1Interpretation of this Chapter
  21. 5.2Intimation
  22. 5.3Methods of intimation
  23. 5.4Methods of intimation: intimation by recorded delivery
  24. 5.5Methods of intimation: intimation by sheriff officer
  25. 5.6Additional methods of intimation where receiving party represented by solicitor
  26. 5.7Form of certificate of intimation
  27. 5.8Lodging
  28. Part CHAPTER 6: PETITIONS FOR SEQUESTRATION
  29. 6.1Form of petition for sequestration
  30. 6.2Debt payment programmes and moratorium on diligence
  31. 6.2AWarrant for citation
  32. 6.3Citation of debtor
  33. 6.4Service by sheriff officer
  34. 6.5Service furth of Scotland
  35. 6.6Authority to serve by other means
  36. 6.7Intimation of appointment of trustee
  37. Part CHAPTER 7: APPLICATIONS ETC. UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016
  38. 7.1Form of applications
  39. 7.1AWarrant to enter premises and warrant to apprehend
  40. 7.2Form of remit by AiB
  41. 7.3Applications and remits relating to AiB sequestration
  42. 7.4Determination of applications and remits
  43. 7.5Form of report by original trustee
  44. Part CHAPTER 8: APPLICATIONS UNDER THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY
  45. 8.1Form of applications
  46. 8.2Transfer of proceedings to Court of Session
  47. Part CHAPTER 9: APPEALS TO THE SHERIFF UNDER THE BANKRUPTCY (SCOTLAND) ACT 2016
  48. 9.1Form of appeal
  49. 9.2Appeals relating to AiB sequestration
  50. 9.3Determination of appeal
  51. Part CHAPTER 10: APPEALS TO THE SHERIFF APPEAL COURT
  52. 10.1Appeals to the Sheriff Appeal Court
  53. Part CHAPTER 11: MOTIONS
  54. 11.1Interpretation
  55. 11.2Making of motions
  56. 11.3Written motions
  57. 11.4Intimation of written motions
  58. 11.5Opposition to written motions
  59. 11.6Consent to written motions
  60. 11.7Lodging of written motions
  61. 11.8Joint written motions
  62. 11.9Determination of unopposed written motions
  63. 11.10Hearing of opposed written motions
  64. Part CHAPTER 12: WITHDRAWAL OF SOLICITORS
  65. 12.1Interpretation of this Chapter
  66. 12.2Giving notice of withdrawal
  67. 12.3Arrangements for peremptory hearing
  68. 12.4Peremptory hearing
  69. Part CHAPTER 13: EXPENSES
  70. 13.1Taxation of expenses
  71. 13.2Procedure for taxation of expenses
  72. 13.3Objections to taxed account
  73. 13.4Decree for expenses in name of solicitor
  74. Part CHAPTER 14: VULNERABLE WITNESSES
  75. 14.1Interpretation and application of this Chapter
  76. 14.2Form of notices and applications
  77. 14.3Determination of notices and applications
  78. 14.4Determination of notices and applications: supplementary orders
  79. 14.5Intimation of orders
  80. 14.6Taking of evidence by commissioner: preparatory steps
  81. 14.7Taking of evidence by commissioner: interrogatories
  82. 14.8Taking of evidence by commissioner: conduct of commission
  83. 14.9Taking of evidence by commissioner: lodging and custody of video record and documents
  84. Part CHAPTER 15: LIVE LINKS
  85. 15.1Interpretation
  86. 15.2Application for use of live link
  87. Part CHAPTER 16: REPORTING RESTRICTIONS
  88. 16.1Interpretation and application of this Chapter
  89. 16.2Interim orders: notification to interested persons
  90. 16.3Interim orders: representations
  91. 16.4Notification of reporting restrictions
  92. 16.5Applications for variation or revocation
  93. Signature
  94. Schedule 1FORMS
  95. Schedule 2FORMS FOR USE IN REGISTER OF INHIBITIONS
  96. APPENDIX
  97. Schedule 3: SERVICE OF DOCUMENTS FURTH OF SCOTLAND
  98. 1Interpretation of this Schedule
  99. 2Service furth of Scotland
  100. 3Service in England and Wales etc.
  101. 4Service in an EU member state
  102. 5Service in a Hague Convention country
  103. 6Service in a country with which the United Kingdom has a convention about how to serve court documents
  104. 7Service in any other country
  105. 8Consular service
  106. 9Personal service
  107. 10Postal service
  108. 11Certification of translations
  109. Explanatory note