{
  "url": "https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022/rule-21",
  "json_url": "https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022/rule-21.json",
  "legislation": "uksi/2022/1239",
  "legislation_title": "The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022",
  "legislation_url": "https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022",
  "path": "rule/21",
  "kind": "rule",
  "number": "21",
  "heading": "Release from duty to submit statement of affairs",
  "text": "(1) The power of the administrator under paragraph 48(2) to revoke a requirement to submit a statement of affairs or to extend the period within which it must be submitted may be exercised upon the administrator’s own initiative, or at the request of any nominated person who has been required to provide the statement of affairs.\n(2) The nominated person may, if they request a revocation or extension and it is refused by the administrator, apply to the court for it and when such an application is made, the period referred to in paragraph 48(1) and rule 16(3)(b) is suspended pending the court’s decision.\n(3) The court may, if it thinks that no sufficient cause is shown for the application, dismiss it without giving notice to any other party other than the applicant.\n(4) The applicant must, at least fourteen days before any hearing, deliver to the administrator a notice stating the venue and accompanied by a copy of the application and of any evidence on which the applicant intends to rely.\n(5) Where an application has been made under paragraph (2), the FCA may be given notice of the hearing and may appear or be represented at the hearing or may make written representations.\n(6) The administrator may appear and be heard on the application and, whether or not they appear, the administrator may lodge a written report of any matters which they consider ought to be drawn to the court’s attention.\n(7) If a report is lodged under paragraph (6), a copy of it must be delivered by the administrator to the applicant not later than five business days before the hearing.\n(8) Copies of any order made on the application must be delivered by the court to the applicant and the administrator.\n(9) On any application under this rule, the applicant’s costs must be paid in any event by the applicant and, unless the court otherwise orders, no allowance towards them must be made as an expense of the special administration.\n(10) A copy of any order made on the application must be placed in the sederunt book.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 21 in force at 19.12.2022, see rule 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1239/rule/21",
    "retrieved_at": "2026-10-28T21:53:01.073399+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."
}