# The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022, Rule 20: Limited disclosure

Extent: S

(1) Where the administrator thinks that it would prejudice the conduct of the special administration (or might reasonably be expected to lead to violence against any person) for the whole or part of a statement of affairs or a statement of concurrence to be disclosed, the administrator may apply to the court for an order of limited disclosure in respect of the whole or any part of a statement of affairs or a statement of concurrence.
(2) The court may, on such application, order that the statement of affairs or any statement of concurrence or, as the case may be, a specified part of either must not be delivered to the registrar of companies or entered in the sederunt book.
(3) The administrator must, as soon as is reasonably practicable, deliver a copy of the order, the statement of affairs and any statement of concurrence (to the extent provided by the order) to the registrar of companies and must place a copy of the order in the sederunt book.
(4) If a creditor or a customer seeks disclosure of the statement of affairs, a statement of concurrence or a specified part of either in relation to which an order has been made under this rule, that person may apply to the court for an order that the administrator disclose it or a specified part of it.
(5) An application under paragraph (4) must be supported by written evidence in the form of an affidavit.
(6) The applicant must give the administrator notice of the application at least three business days before the hearing.
(7) The court may make any order for disclosure subject to such conditions as to—
(a) confidentiality,
(b) duration,
(c) the scope of the order in the event of any change of circumstances, or
(d) other matters,
as it thinks just.
(8) If there is a material change in circumstances rendering the limit on disclosure or any part of it unnecessary, the administrator must, as soon as is reasonably practicable after the change, apply to the court for the order or any part of it to be discharged or varied.
(9) The administrator must, as soon as is reasonably practicable after the making of an order under paragraph (8)—
(a) deliver a copy of the statement of affairs and any statement of concurrence to the extent provided by the order to the registrar of companies,
(b) place a copy of the order in the sederunt book together with a copy of the statement of affairs and any statement of concurrence to the extent no longer subject to the order under paragraph (2).
(10) When the statement of affairs or a statement of concurrence is delivered to the registrar of companies in accordance with paragraph (9)(a), the administrator must, where they have sent a statement of proposals under paragraph 49, deliver to the creditors and the customers a copy or summary of the statement of affairs and any statement of concurrence as delivered to the registrar of companies.

---
Source: https://www.legislation.gov.uk/uksi/2022/1239/rule/20 (the official version)
Page: https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022/rule-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.