Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006

© Crown Copyright 2006

Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006, ISBN 011070259X. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

    " (2A) A petition—


(i) under section 5(2)(ba) of the Act of 1985 by a temporary administrator;

(ii) under section 5(2)(bb) of the Act of 1985 by a member State liquidator appointed in main proceedings; or

(iii) under article 11 of the Model Law by a foreign representative,



shall be in Form 3A.".

    (4) After rule 18 (debt payment programme) there shall be inserted the following:—

" UNCITRAL Model Law on Cross-Border Insolvency
     19. –

    (1) An application under article 12 of the Model Law shall be made by note in the process of the petition to which the application relates.

    (2) On receipt of a certified copy interlocutor of a Lord Ordinary ordering proceedings under these rules to be transferred to the Court of Session under paragraph 11 of Schedule 3 to the Cross-Border Insolvency Regulations 2006, the sheriff clerk shall within four days transmit the process to the deputy principal clerk of session.".

    (5) In Appendix 1 after Form 3 there shall be inserted the Form set out in the Schedule to this Act of Sederunt.


BRIAN GILL
Lord Justice Clerk, I.P.D.

Edinburgh
3rd April 2006

Paragraph 2(5)



Form 3A
Rule 3(2A)

Form of petition by a temporary administrator, a member State liquidator in main proceedings or a foreign representative

STATEMENT OF FACTS
     1. The petitioner(s) is as designed in the instance. The respondent habitually resides *and/or had an established place of business within the Sheriffdom in the year immediately preceding the date of presentation of this petition, and the court accordingly has jurisdiction.

     2. As far as is within the knowledge of the petitioner:

*(a) the debtor has his main centre of interests or an establishment in the United Kingdom as defined in the EC Regulation on insolvency proceedings;

*(b) the debtor has his centre of main interests or an establishment as defined above in a Member state other than the United Kingdom;

*(c) the debtor has neither his centre of main interests nor an establishment in the United Kingdom nor in a Member state other than the United Kingdom.

     3. The petitioner(s) is *a temporary administrator of the respondent/a member State liquidator appointed in main proceedings/a foreign representative within the meaning of the Model Law on Cross-Border Insolvency as set out in Schedule 1 to the Cross-Border Insolvency Rules 2006 as evidenced in the supporting documentation attached.

     4. The respondent has been rendered apparently insolvent by virtue of (narrate appropriate ground founded on in terms of section 7 of the Bankruptcy (Scotland) Act 1985 or article 31 of the Model Law referred to above) and that within four months of the presentation of this petition.

     5. In order to realise the estate of the respondent for the benefit of his creditors, the petitioner(s) is/are under the necessity of applying to the court for the sequestration of the respondent's estate in terms of the Bankruptcy (Scotland) Act 1985.

     6. (Insert name of interim trustee) satisfies the conditions specified in section 2(3) of the Bankruptcy (Scotland) Act 1985 and his undertaking as required by section 2(3)(c) of that Act is attached. *[or alternatively if no nomination of interim trustee The petitioner(s) accept that the Accountant in Bankruptcy will be interim trustee in the sequestration.]

(If interim trustee to be appointed forthwith, the circumstances rendering this necessary should also be narrated).

     7. A copy of this petition has been sent today to the Accountant in Bankruptcy.

PLEA[S] IN LAW

[Here set out the plea(s) in law]
Date (insert date of petition)	Signed
	(Signature of Petitioner(s)
	*or Solicitor for Petitioner(s)
	(insert designation and address))
*(delete as appropriate)

---

[2] S.I. 1996/2507, amended by S.S.I. 2002/560 and 2004/534.back

[3] S.I. 2006/1030.back