Article 6.2 Application for block transfer order

(1)

An application for a block transfer order may be made to the Court of Session for—

(a)

the removal of the outgoing liquidator by the exercise of any of the powers in paragraph (2);

(b)

the appointment of a replacement liquidator by the exercise of any of the powers in paragraph (3);

(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).

(2)

The powers referred to in paragraph (1)(a) are those in—

(a)

section 108(2) (voluntary winding up); and

(b)

section 172(2) and rule 6.1(2) (winding up by the court).

(3)

The powers referred to in paragraph (1)(b) are those in—

(a)

section 108(2); and

(b)

rule 6.1(2).

(4)

An application may be made by any of the following:—

(a)

the outgoing liquidator (if able and willing to do so);

(b)

any person who holds the office of liquidator jointly with the outgoing liquidator;

(c)

any person who is proposed to be appointed as the replacement liquidator;

(d)

any creditor in a case subject to the application;

(e)

the recognised professional body which was the source of the outgoing liquidator's authorisation (immediately before the application is made); or

(f)

the Secretary of State.

(5)

The application must be served on—

(a)

the outgoing liquidator (if not the applicant or deceased);

(b)

any person who holds office jointly with the outgoing liquidator; and

(c)

such other person as the Court of Session directs.

(6)

The application must contain a schedule setting out—

(a)

identification details for the insolvency proceedings; and

(b)

the capacity in which the outgoing liquidator was appointed.

(7)

The application must be supported by evidence—

(a)

setting out the circumstances as a result of which it is expedient to appoint a replacement liquidator; and

(b)

exhibiting the consent to act of each person who is proposed to be appointed as replacement liquidator.