{
  "url": "https://openlegislation.uk/bank-insolvency-scotland-rules-2009/article-43",
  "json_url": "https://openlegislation.uk/bank-insolvency-scotland-rules-2009/article-43.json",
  "legislation": "uksi/2009/351",
  "legislation_title": "The Bank Insolvency (Scotland) Rules 2009",
  "legislation_url": "https://openlegislation.uk/bank-insolvency-scotland-rules-2009",
  "path": "article/43",
  "kind": "article",
  "number": "43",
  "heading": "Release of resigning or removed bank liquidator",
  "text": "(1) Where the liquidator’s resignation is notified to a meeting of creditors which has not resolved against his release, he has his release from when his resignation is effective under rule 42.\n(2) Where–\n(a) the bank liquidator is removed by the court following an application under rule 39;\n(b) the Bank of England has refused to consent to the bank liquidator’s proposed resignation;\n(c) the meeting of creditors held under rule 36 resolves against giving him release;\n(d) the bank liquidator ceases to be qualified to act as an insolvency practitioner; or\n(e) the meeting of the liquidation committee held under rule 44 resolves against the bank liquidator being released,\nhe must apply to the Accountant of Court for his release.\n(3) Where the Accountant of Court gives release under this rule, he shall certify it accordingly, and send the certificate to the Accountant in Bankruptcy, registrar of companies and the Bank of England.\n(4) A copy of the certificate shall be sent by the Accountant of Court to the former liquidator, whose release is effective from the date of the certificate.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2013/472",
      "affecting_title": "The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2010/2586",
      "affecting_title": "The Bank Insolvency (Scotland) (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/351/article/43",
    "retrieved_at": "2026-10-29T03:17:38.577924+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}