The Insolvency (Scotland) Amendment Rules 2003

law://uk/uksi/2003/2111@2026-11-12

Contents

1Citation and commencement#

(1)The Rules may be cited as the Insolvency (Scotland) Amendment Rules 2003 and shall come into force on 15th September 2003.

(2)References in these Rules to “the commencement date” are to the date referred to in paragraph (1) above.

2Interpretation#

(1)In these Rules–

(a)references to the “principal Rules” are to the Insolvency (Scotland) Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules; and

(b)references to paragraphs, except where the context otherwise requires, are to paragraphs of Schedule B1 to the Insolvency Act 1986.

(2)These Rules shall be construed as one with the principal Rules.

3Substitution of Part 2 of the principal Rules#

Subject to Rule 7 below, for Part 2 of the principal Rules substitute the provisions set out in Part 1 of Schedule 1 to these Rules.

4Amendment to Schedule 4 of the principal Rules (Offences)#

Subject to Rule 7 below, in the table in Schedule 4 to the principal Rules, after the penultimate entry, insert:

In Part 2, Rule 2.43(3)

Administrator failing to lodge notice of automatic end of administration

Summary

One-fifth of the statutory maximum

One-fiftieth of the statutory maximum

5Amendments to Schedule 5 to the principal Rules#

Subject to Rule 7 below, for the Forms 2.1 (Scot) to 2.13 (Scot) set out in Schedule 5 to the principal Rules, substitute Forms 2.1B (Scot) to 2.32B (Scot) as set out in Part 2 of Schedule 1 to these Rules.

6Consequential amendments to the principal Rules#

Subject to Rule 7 below, Schedule 2 to these Rules (which makes consequential amendments to the principal Rules) shall have effect.

7Transitional and savings provisions#

(1)Rules 3 to 6 of these Rules shall not apply, and Part 2 of, and Forms 2.1 (Scot) to 2.13 (Scot) set out in Schedule 5 to, the principal Rules as they had effect immediately before the coming into force of these Rules shall continue to have effect in relation to the administration of a company in respect of which the petition for an administration order was presented to the court before the commencement date.

(2)Rules 3 to 6 of these Rules shall not apply and Part 2 of, and Forms 2.1 (Scot) to 2.13 (Scot) set out in Schedule 5 to, the principal Rules as they had effect immediately before the coming into force of these Rules shall continue to have effect for the purposes of–

(a)section 249(2) of the Enterprise Act 2002; and

(b)the Financial Services and Markets Act 2000 (Administration Orders relating to Insurers) Order 2002.

Schedule 1

Part 1 · Substitution of part 2 of the principal rules

Part 2 – · Forms

Schedule 2 · Consequential amendments to the principal rules

Part 1

(1)In Rule 1.1(2)(a), for “an administration order under Part II of the Act in force in relation to it”, substitute “in administration”; and in Rule 1.1(2)(b) for “an administration order is in force” substitute “administration”.

(2)In Rule 1.10(a), for “subject to an administration order” substitute “in administration”.

(3)In Rule 1.19–

(a)in paragraph (1)(a), for “subject to an administration order” substitute “in administration”; and

(b)in paragraph (2)(b), for “became subject to the administration order” substitute “entered administration”.

(4)In Rule 4.10(4), for “Rule 2.7” substitute “Rule 2.25”.

(5)In Rule 4.60(1)(a), for “discharge of an administration order”, substitute “ending of administration”.

(6)In Rules 4.61 to 4.63, for the words “section 26”, in each place where they occur, substitute “Schedule B1 to the Act”.

(7)In Rule 7.3–

(a)in paragraph (2)(b), for “section 23(1)(b) or 25(2)(b)” substitute “paragraph 51 or 54(2)”;

(b)in paragraph (3), for “section 23(1)(b)” substitute “paragraph 51”.

(8)In Rule 7.6(1)(a)(i), for the words “section 17(3)” substitute “paragraph 52(2) or 56(1)”.

(9)In Rule 7.9–

(a)in paragraph (4)(c)(i)–

(i)for the words “subject to an administration order” substitute “in administration”; and

(ii)for the words “of the administration order” substitute “entering administration”;

(b)in paragraph (4)(c)(ii) for the words “the date of the administration order” substitute “the date upon which the company entered administration”.

(10)In Rule 7.33(7)–

(a)omit the first occurrence of the word “order”; and

(b)for the words “order is discharged”, substitute “ends in accordance with that Part”.

(11)In the table contained in Schedule 4 to the principal Rules, for the words “Rule 2.17(4)” where they appear in the first column of the table, substitute “Rule 2.38(6)”.

(12)For the Form 4.7(Scot) set out in Schedule 5 to the principal Rules, substitute Form 4.7(Scot) as set out in Part 2 of this Schedule.

Part 2

Contains public sector information licensed under the Open Government Licence v3.0.

The Insolvency (Scotland) Amendment Rules 2003

The Insolvency (Scotland) Amendment Rules 2003

1Citation and commencement#

2Interpretation#

3Substitution of Part 2 of the principal Rules#

4Amendment to Schedule 4 of the principal Rules (Offences)#

5Amendments to Schedule 5 to the principal Rules#

6Consequential amendments to the principal Rules#

7Transitional and savings provisions#

Schedule 1

Part 1 · Substitution of part 2 of the principal rules

Part 2 – · Forms

Schedule 2 · Consequential amendments to the principal rules

Part 1

Part 2

Connections

Key facts

History · 1 version

1Citation and commencement#

2Interpretation#

3Substitution of Part 2 of the principal Rules#

4Amendment to Schedule 4 of the principal Rules (Offences)#

5Amendments to Schedule 5 to the principal Rules#

6Consequential amendments to the principal Rules#

7Transitional and savings provisions#

Schedule 1

Part 1 · Substitution of part 2 of the principal rules

Part 2 – · Forms

Schedule 2 · Consequential amendments to the principal rules

Part 1

Part 2