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Article 3 The Insurers (Winding Up) (Scotland) Rules 2001

Original text. Later amendments are not shown.

(1)

The Insurers (Winding Up) (Scotland) Rules 2001f1 are amended as follows.

(2)

In rule 2(1) (interpretation), in the definition of “the principal rules”, for “the Insolvency (Scotland) Rules 1986f2” substitute “the Insolvency (Scotland) (Receivership and Winding up) Rules 2018f3”.

(3)

In rule 18 (caution for long-term and other business), for “rule 4.70” substitute “rule 5.42”.

(4)

For rule 22(2) (dividends to creditors) substitute—

“(2)

Chapter 6 of Part 7 of the principal rules (distribution of company’s assets by the liquidator) applies as though—

(a)

the assets of the company which are available for meeting the liabilities of the company attributable to its long-term business and those liabilities, and

(b)

the assets of the company which are available for meeting the liabilities of the company attributable to its other business and those liabilities,

were the assets and liabilities of separate companies.”.

(5)

In rule 24(1) (apportionment of expenses of liquidation), for “rule 4.67 of the principal rules (appointment and remuneration)” substitute “rule 7.28 of the principal rules (order of priority of expenses of liquidation)”.

Annotations

Footnotes

f1

S.I. 2001/4040 as amended by S.I. 2003/1102. There are other amendments which are not relevant to this instrument.

f2

S.I. 1986/1915 as amended by S.I. 1987/1921, S.I. 1999/1820, S.I. 2002/270, S.I. 2003/2108, S.I. 2003/2109, S.I. 2003/2111, S.I. 2006/734, S.I. 2007/2537, S.I. 2008/662, S.I. 2009/662, S.I. 2010/688, S.I. 2012/2404, S.I. 2017/702, S.S.I. 2008/393 and S.I. 2012/114 and revoked by S.I. 2018/1082 and S.S.I. 2018/347.

f3

S.S.I. 2018/347.