Article 4.2 Application for a block transfer order
An application for a block transfer order may be made to the Court of Session for—
the removal of the outgoing office-holder by the exercise of any of the powers in paragraph (2);
the appointment of a replacement office-holder by the exercise of any of the powers in paragraph (3); or
such other order or direction as may be necessary or expedient in connection with the matters referred to in sub-paragraphs (a) and (b).
Subject to paragraph (5), the application may be made by any of the following—
the outgoing office-holder (if able and willing to do so);
any person who holds office jointly with the outgoing office-holder;
any person who is proposed to be appointed as the replacement office-holder;
any creditor in a case subject to the application;
the recognised professional body which was the source of the outgoing office-holder's authorisation (immediately before the application is made); or
the Secretary of State.
Where one or more of the outgoing office-holders in the schedule required by paragraph (8) is an administrator, an application may not be made unless the applicant is a person permitted to apply to replace the outgoing office-holder under section 13 or paragraph 63, 91 or 95 of Schedule B1 or such a person is joined as applicant in relation to the replacement of the outgoing office-holder.
An applicant (other than the Secretary of State) must deliver a notice of the intended application to the Secretary of State on or before the date the application is made.
The application must be served on—
the outgoing office-holder (if not the applicant or deceased);
any person who holds office jointly with the outgoing office-holder; and
such other person as the Court of Session directs.
The application must contain a schedule setting out—
identification details for the insolvency proceedings; and
the capacity in which the outgoing office-holder was appointed.
The application must be supported by evidence—
setting out the circumstances as a result of which it is expedient to appoint a replacement office-holder; and
exhibiting the consent to act of each person who is proposed to be appointed as replacement office-holder.
Annotations
Textual amendments
- F1
Rule 4.2(2)(za) inserted (1.10.2021) by The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rules 1, 29(2) (with rules 4, 5)
- F2
Words in rule 4.2(2)(a) omitted (1.10.2021) by virtue of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rule 1, Sch. 2 para. 3 Table (with rules 4, 5)
- F3
Rule 4.2(3)(za) inserted (1.10.2021) by The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rules 1, 29(3) (with rules 4, 5)
- F4
Words in rule 4.2(3)(a) omitted (1.10.2021) by virtue of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) (Amendment) Rules 2021 (S.I. 2021/1026), rule 1, Sch. 2 para. 3 Table (with rules 4, 5)