- appointed person
means a person who meets the requirements in paragraph (2) who is appointed by an office-holder;
- Article 1.2 undertaking
means one of the following within the meaning of Article 1.2 of the EU Regulation— (a) an insurance undertaking;
- authenticate
means to authenticate in accordance with rule 1.6;
- authenticated
has the meaning given in the Requirements of Writing (Scotland) Act 1995.
- authorised deposit-taker
means a person with permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;
- centre of main interests
has the same meaning as in the EU Regulation;
- clear days
means that in computing the number of days— are not included.
- commenced
means—
- Companies Act
means the Companies Act 2006;
- consumer
means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession;
- contributory member
means a member of a liquidation committee appointed by the contributories;
- convener
means an office-holder or other person who seeks a decision in accordance with Part 8 (decision making) of these Rules;
- creditor member
means a member of a liquidation committee appointed by the creditors.
- CVA
means a voluntary arrangement in relation to a company under Part 1 of the Act;
- decision date
means— (a) in the case of a decision to be made at a meeting, the date of the meeting;
- decision procedure
means a qualifying decision procedure as prescribed by rule 8.3;
- document
includes a written notice or statement or anything else in writing capable of being delivered to a recipient;
- electronic voting
includes any electronic system which enables a person to vote without the need to attend at a particular location to do so;
- establishment
has the same meaning as in Article 2(10) of the EU Regulation;
- establishment proceedings
means insolvency proceedings in Scotland to which the EU Regulation applies where the debtor has an establishment in the United Kingdom;
- excluded person
means a person who has taken all steps necessary to attend a virtual meeting or has been permitted by the convener to attend a physical meeting remotely under the arrangements which—
- Gazette notice
means a notice which is, has been or is to be gazetted;
- insolvent estate
means the company's assets;
- liquidator
includes “provisional liquidator”;
- nominated person
means a person who has been required under section 66 or 131 to make out and submit a statement as to the affairs of a company in receivership or being wound up by the court;
- obligant
includes cautioner.
- office-holder
means a person who under the Act or these Rules holds an office in relation to insolvency proceedings and includes a nominee;
- permission
includes “sanction”.
- petitioner
includes a person who has been substituted as such;
- physical meeting
has the meaning given by rule 8.2;
- post-mark
means a mark applied by a postal operator which records the date on which a letter entered the postal system of the postal operator.
- postponed debt
means—
- prescribed part
has the same meaning as in section 176A(2)(a) and the Insolvency Act 1986 (Prescribed Part) Order 2003;
- progress report
means a report which complies with Chapter 1 of Part 7 (reporting, accounts, remuneration, claims and distributions);
- relevant person
means a person mentioned in section 66(3).
- remotely
means attending and being able to participate in the meeting without being in the place where the meeting is being held.
- requisitioned decision
means—
- small debt
means a debt (being the total amount owed to a creditor) which does not exceed £1,000 (which amount is prescribed for the purposes of paragraph 13A of schedule 8 of the Act and paragraph 18A of schedule 9 of the Act).
- standard contents
means— (a) for a Gazette notice, the standard contents set out in Chapter 5 of Part 1;
- standard fee for copies
means 15 pence per A4 or A5 page or 30 pence per A3 page;
- the 1986 Rules
means the Insolvency (Scotland) Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 rule” followed by a rule number is a reference to a rule in the 1986 Rules;
- the Act
means the Insolvency Act 1986, and— (a) a reference to a numbered section without mention of another Act is to that section of the Act;
- the commencement date
means the date these Rules come into force.
- the Gazette
has the meaning given in section 251];
- the relevant date
means—
- the relevant period
means the period of 6 months immediately preceding the day on which the notices referred to in paragraph (2) were delivered.
- to gazette
means to advertise in the Gazette, whether electronically or otherwise;
- virtual meeting
has the meaning given by rule 8.2;
- winding up by the court
means a winding up under section 122, 124A or 221;