# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, Article 1.2: Defined terms (1) In these Rules unless the context otherwise requires— “the Act” means the Insolvency Act 1986, and— (a)a reference to a numbered section without mention of another Act is to that section of the Act; and (b)a reference to schedule B1 is to that schedule of the Act; “Companies Act” means the Companies Act 2006 ; “Accountant in Bankruptcy” (or “AiB”) is to be construed in accordance with section 199 of the Bankruptcy (Scotland) Act 2016 ; “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— (a)an insurance undertaking; (b)a credit institution; (c)an investment undertaking which provides services involving the holding of funds or securities for third parties; (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 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 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 to accept deposits; this definition must be read with— (a)section 22 of that Act and any relevant order under that section; and (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; “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 ; “decision date” and “decision procedure” are to be interpreted in accordance with rule 8.2; [Note: “deemed consent procedure” is defined in section 246ZF (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 ...]; [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 ]; “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; ... ... “meeting” in relation to a company's creditors or contributories means either a “physical meeting” or a “virtual meeting”; ... “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; ... “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 ; “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) and the Insolvency Act 1986 (Prescribed Part) Order 2003 ; “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 ; [Note: “records” is defined in section 436(1)]; ... “serve” and “service” are to be interpreted in respect of a particular document by reference to the Rules of Court; “standard contents” means— (a)for a Gazette notice, the standard contents set out in Chapter 5 of Part 1; (b)for a notice to be advertised other than in the Gazette, the standard contents set out in Chapter 6 of Part 1; (c)for a document to be delivered to— (i)the registrar of companies; (ii)AiB; the standard contents set out in Chapter 7 of Part 1; (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; ... ... “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 or 221; [Note: “writing” is to be construed in accordance with section 436B ]; “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. (2) An appointed person in relation to a company must be— (a) qualified to act as an insolvency practitioner in relation to that company; or (b) a person experienced in insolvency matters who is— (i) a member or employee of the office-holder's firm, or (ii) an employee of the office-holder. (3) A fee or remuneration is chargeable when the work to which it relates is done. --- Source: https://www.legislation.gov.uk/ssi/2018/347/part/1/chapter/2/article/1 (the official version) Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-1/chapter-2/article-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.