# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, 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.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/6/article/6n2 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-6/article-6n2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

