Article 1.2 Defined terms

In these Rules unless the context otherwise requires—

• “the Act” means the Insolvency Act 1986, and—

  1. (a)

     a reference to a numbered section without mention of another Act is to that section of the Act; and

  2. (b)

     a reference to schedule B1 is to that schedule of the Act;

• “Companies Act” means the Companies Act 2006 M1;

• “Accountant in Bankruptcy” (or “AiB”) is to be construed in accordance with section 199 of the Bankruptcy (Scotland) Act 2016 M2;

• “appointed person” means a person who meets the requirements in paragraph (2) who is appointed by an office-holder;

• “Article 1.2 undertaking” means one of the following within the meaning of Article 1.2 of the EU Regulation—

  1. (a)

     an insurance undertaking;

  2. (b)

     a credit institution;

  3. (c)

     an investment undertaking which provides services involving the holding of funds or securities for third parties;

  4. (d)

     a collective investment undertaking;

• [Note “associate” is defined in section 435];

• “attendance” and “attend”— a person attends by being present, by attending remotely in accordance with section 246A M3 or rule 8.6, or by participating in a virtual meeting; and a person may attend a meeting in person, by proxy or by corporate representative (in accordance with section 434B of the Act M4 or section 323 of the Companies Act, as applicable);

• “authenticate” means to authenticate in accordance with rule 1.6;

• “authorised deposit-taker” means a person with permission under Part 4A of the Financial Services and Markets Act 2000 M5 to accept deposits; this definition must be read with—

  1. (a)

     section 22 of that Act M6 and any relevant order under that section; and

  2. (b)

     schedule 2 of that Act;

• “blank proxy” is to be interpreted in accordance with rule 9.3;

• [Note: “business day” is defined in section 251];

• “centre of main interests” has the same meaning as in the EU Regulation;

• F1“COMI proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the centre of the debtor’s main interests is in the United Kingdom;

• [Note: “connected” used of a person in relation to a company is defined in section 249 of the Act];

• “consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession;

• [Note: “contributory” is defined in section 79];

• “convener” means an office-holder or other person who seeks a decision in accordance with Part 8 (decision making) of these Rules;

• [Note: “the court” is defined in section 251];

• “CVA” means a voluntary arrangement in relation to a company under Part 1 of the Act;

• “CVA and Administration Rules” means the Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 M7;

• “decision date” and “decision procedure” are to be interpreted in accordance with rule 8.2;

• [Note: “deemed consent procedure” is defined in section 246ZF M8 (also see rule 8.7)];

• “deliver” and “delivery” are to be interpreted in accordance with Chapter 9 of Part 1 of these Rules;

• “deliver to the creditors” and similar expressions in these Rules and the Act are to be interpreted in accordance with rule 1.33;

• “document” includes a written notice or statement or anything else in writing capable of being delivered to a recipient;

• “establishment” has the same meaning as in Article 2(10) of the EU Regulation;

• “establishment proceedings” means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;

• [Note: “EU Regulation” is defined in section 436 F2...];

• [Note: “the Gazette” has the meaning given in section 251];

• “Gazette notice” means a notice which is, has been or is to be gazetted;

• “to gazette” means to advertise in the Gazette, whether electronically or otherwise;

• [Note: “hire-purchase agreement” is defined by section 436(1) as having the same meaning as in the Consumer Credit Act 1974 M9];

• “identification details” and similar references to information identifying persons, proceedings, etc. are to be interpreted in accordance with rule 1.7;

• “insolvent estate” means the company's assets;

• “IP number” means the number assigned to an office-holder as an insolvency practitioner by the Secretary of State;

• F3...

• F4...

• “meeting” in relation to a company's creditors or contributories means either a “physical meeting” or a “virtual meeting”;

• F5...

• “nominated person” means a person who has been required under section 66 or 131 to make out and submit a statement as to the affairs of a company in receivership or being wound up by the court;

• F6...

• “office-holder” means a person who under the Act or these Rules holds an office in relation to insolvency proceedings and includes a nominee;

• “the official rate”, in relation to interest, is defined in section 251 M10;

• “petitioner” includes a person who has been substituted as such;

• “physical meeting” has the meaning given by rule 8.2;

• “prescribed part” has the same meaning as in section 176A(2)(a) M11 and the Insolvency Act 1986 (Prescribed Part) Order 2003 M12;

• “progress report” means a report which complies with Chapter 1 of Part 7 (reporting, accounts, remuneration, claims and distributions);

• [Note: “property” is defined in section 436(1)];

• “proxy” and “proxy-holder” are to be interpreted in accordance with rule 9.2;

• “qualified to act as an insolvency practitioner”, in relation to a company, is to be interpreted in accordance with Part 13 of the Act M13;

• [Note: “records” is defined in section 436(1)];

• F7...

• “serve” and “service” are to be interpreted in respect of a particular document by reference to the Rules of Court;

• “standard contents” means—

  1. (a)

     for a Gazette notice, the standard contents set out in Chapter 5 of Part 1;

  2. (b)

     for a notice to be advertised other than in the Gazette, the standard contents set out in Chapter 6 of Part 1;

  3. (c)

     for a document to be delivered to—

     1. (i)

        the registrar of companies;

     2. (ii)

        AiB;

     the standard contents set out in Chapter 7 of Part 1;

  4. (d)

     for notices to be delivered to other persons, the standard contents set out in Chapter 8 of Part 1;

• “standard fee for copies” means 15 pence per A4 or A5 page or 30 pence per A3 page;

• “statement of claim” is to be interpreted in accordance with rule 7.16;

• F8...

• F9...

• “venue” in relation to any proceedings, attendance before the court, decision procedure or meeting means the time, date and place or platform for the proceedings, attendance, decision procedure or meeting;

• “virtual meeting” has the meaning given by rule 8.2;

• “winding up by the court” means a winding up under section 122, 124A M14 or 221;

• [Note: “writing” is to be construed in accordance with section 436B M15];

• “written resolution” in respect of a private company means a written resolution passed in accordance with Chapter 2 of Part 13 of the Companies Act.

An appointed person in relation to a company must be—

A fee or remuneration is chargeable when the work to which it relates is done.