{
  "url": "https://openlegislation.uk/insolvency-scotland-company-voluntary-arrangements-and-administration-rules-2018/part-4/article-4n3",
  "json_url": "https://openlegislation.uk/insolvency-scotland-company-voluntary-arrangements-and-administration-rules-2018/part-4/article-4n3.json",
  "legislation": "uksi/2018/1082",
  "legislation_title": "The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018",
  "legislation_url": "https://openlegislation.uk/insolvency-scotland-company-voluntary-arrangements-and-administration-rules-2018",
  "path": "part/4/article/4n3",
  "kind": "article",
  "number": "4.2",
  "heading": "Application for a block transfer order",
  "text": "(1) An application for a block transfer order may be made to the Court of Session for—\n(a) the removal of the outgoing office-holder by the exercise of any of the powers in paragraph (2);\n(b) the appointment of a replacement office-holder by the exercise of any of the powers in paragraph (3); or\n(c) such other order or direction as may be necessary or expedient in connection with the matters referred to in sub-paragraphs (a) and (b).\n(2) The powers referred to in paragraph (1)(a) are those in—\n(za) section A39 (moratorium under Part A1 of the Act);\n(a) section 7(5) ... ; and\n(b) paragraph 88 of Schedule B1 and rule 4.1(2).\n(3) The powers referred to in paragraph (1)(b) are those in —\n(za) section A39 (moratorium under Part A1 of the Act);\n(a) section 7(5) ... ; and\n(b) paragraphs 63, 91 and 95 of Schedule B1 and rule 4.12(2).\n(4) Subject to paragraph (5), the application may be made by any of the following—\n(a) the outgoing office-holder (if able and willing to do so);\n(b) any person who holds office jointly with the outgoing office-holder;\n(c) any person who is proposed to be appointed as the replacement office-holder;\n(d) any creditor in a case subject to the application;\n(e) the recognised professional body which was the source of the outgoing office-holder's authorisation (immediately before the application is made); or\n(f) the Secretary of State.\n(5) 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.\n(6) 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.\n(7) The application must be served on—\n(a) the outgoing office-holder (if not the applicant or deceased);\n(b) any person who holds office jointly with the outgoing office-holder; and\n(c) such other person as the Court of Session directs.\n(8) The application must contain a schedule setting out—\n(a) identification details for the insolvency proceedings; and\n(b) the capacity in which the outgoing office-holder was appointed.\n(9) The application must be supported by evidence—\n(a) setting out the circumstances as a result of which it is expedient to appoint a replacement office-holder; and\n(b) exhibiting the consent to act of each person who is proposed to be appointed as replacement office-holder.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2018/1082/part/4/article/4n3",
    "retrieved_at": "2026-10-28T22:53:20.116523+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."
}