{
  "url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-1/chapter-9/article-1n35",
  "json_url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-1/chapter-9/article-1n35.json",
  "legislation": "ssi/2018/347",
  "legislation_title": "The Insolvency (Scotland) (Receivership and Winding up) Rules 2018",
  "legislation_url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018",
  "path": "part/1/chapter/9/article/1n35",
  "kind": "article",
  "number": "1.34",
  "heading": "Creditor's election to opt out",
  "text": "(1) A creditor may at any time elect to be an opted-out creditor.\n(2) The creditor's election to opt out must be by a notice in writing authenticated and dated by the creditor.\n(3) The creditor must deliver the notice to the office-holder.\n(4) A creditor becomes an opted-out creditor when the notice is delivered to the office-holder.\n(5) An opted-out creditor—\n(a) will remain an opted-out creditor for the duration of the insolvency proceedings unless the opt out is revoked; and\n(b) is deemed to be an opted-out creditor in respect of any consecutive insolvency proceedings under Parts 3 to 5 of the Act of a different kind relating to the same company.\n(6) The creditor may at any time revoke the election to opt out by a further notice in writing, authenticated and dated by the creditor and delivered to the office-holder.\n(7) The creditor ceases to be an opted-out creditor from the date the notice is delivered to the office-holder.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/347/part/1/chapter/9/article/1n35",
    "retrieved_at": "2026-10-28T21:10:16.461516+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."
}