{
  "url": "https://openlegislation.uk/insolvency-scotland-rules-1986/schedule-2/paragraph-9",
  "json_url": "https://openlegislation.uk/insolvency-scotland-rules-1986/schedule-2/paragraph-9.json",
  "legislation": "uksi/1986/1915",
  "legislation_title": "The Insolvency (Scotland) Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-scotland-rules-1986",
  "path": "schedule/2/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Rule 4.28",
  "text": "(1) This Rule shall apply subject to the following modifications.\n(2) In paragraph (1) -\n(a) for the reference to section 172(6), there shall be substituted a reference to section 171(5), and\n(b) for the reference to a meeting of creditors, there shall be substituted a reference to a meeting of the company.\n(3) In paragraph (2) -\n(a) for reference to section 174(4)(c) there shall be substituted a reference to section 173(2)(c), and\n(b) for the reference to Rule 4.29(4), there shall be substituted a reference to Rule 4.28A.\n(4) After paragraph (4) there shall be inserted the following paragraphs:-\n“(5) The notice of the liquidator's resignation required by section 171(5) shall be given by him to the registrar of companies forthwith after the meeting.Form 4.1 (Scot)\n(6) Where a new liquidator is appointed in place of the one who has resigned, the former shall, in giving notice of his appointment, state that his predecessor has resigned and whether he has been released.”.\n(5) After this Rule, there shall be inserted the following Rule:-\n“Release of resigning or removed liquidator\n4.28A (1) Where the liquidator resigns, he has his release from the date on which he gives notice of his resignation to the registrar of companies.Form 4.1 (Scot)\n(2) Where the liquidator is removed by a meeting of the company, he shall forthwith give notice to the registrar of companies of his ceasing to act.Form 4.1 (Scot)\n(3) Where the liquidator is removed by the court, he must apply to the Accountant of Court for his release.Form 4.1 (Scot)\n(4) Where the Accountant of Court gives the release, he shall certify it accordingly, and send the certificate to the registrar of companies.Form 4.1 (Scot)Form 4.1 (Scot)\n(5) A copy of the certificate shall be sent by the Accountant of Court to the former liquidator, whose release is effective from the date of the certificate.Form 4.1 (Scot)”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked in part",
      "affecting": "ssi/2018/347",
      "affecting_title": "The Insolvency (Scotland) (Receivership and Winding up) Rules 2018"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1999/1820",
      "affecting_title": "The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1999/1820",
      "affecting_title": "The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999"
    },
    {
      "type": "amended",
      "affecting": "uksi/1987/1921",
      "affecting_title": "The Insolvency (Scotland) Amendment Rules 1987"
    },
    {
      "type": "savings for effects of S.S.I. 2018/347, Sch. 1",
      "affecting": "uksi/2019/1058",
      "affecting_title": "The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2019"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2014/114",
      "affecting_title": "The Insolvency (Scotland) Amendment Rules 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/114",
      "affecting_title": "The Insolvency (Scotland) Amendment Rules 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/114",
      "affecting_title": "The Insolvency (Scotland) Amendment Rules 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1915/schedule/2/paragraph/9",
    "retrieved_at": "2026-10-29T16:39:01.712831+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."
}