# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, Article 5.48: Further provisions about requests by a creditor or contributory for a public examination


(1) A request by a creditor or contributory for a public examination does not require the support of concurring creditors or contributories if the requisitioning creditor's debt or, as the case may be, requisitioning contributory's shares, is sufficient alone under section 133(2).
(2) Before the liquidator makes the requested application, the creditor or contributory requesting the examination must deposit with the liquidator such sum (if any) as the liquidator determines is appropriate as caution for the expenses of the public examination (if ordered).
(3) The liquidator must make the application for the examination—
(a) within 28 days of receiving the creditor's or contributory's request (if no caution is required under paragraph (2)); or
(b) within 28 days of the creditor or contributory (as the case may be) depositing the required caution.
(4) However if the liquidator thinks the request is unreasonable, the liquidator may apply to the court for an order to be relieved from making the application.
(5) If the application for an order under paragraph (4) is made without notice to any other party and the court makes such an order then the liquidator must deliver a notice of the order as soon as reasonably practicable to the creditors or contributories who requested the examination.
(6) If the court dismisses the liquidator's application under paragraph (4), the liquidator must make the application under section 133(2) as soon as reasonably practicable.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/5/chapter/8/article/5n49 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-5/chapter-8/article-5n49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.