- appointed person
means a person who meets the requirements in paragraph (2) and 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.
- 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.
- consumer
means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession;
- convener
means an office-holder or other person who seeks a decision in accordance with Part 5 of these Rules;
- CVA
means a voluntary arrangement in relation to a company made 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 prescribed by rule 5.3;
- 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 company meeting under the arrangements which—
- Final progress report
means in this Chapter, and in Chapter 14, a progress report which includes a summary of—
- Gazette notice
means a notice which is, has been, or is to be gazetted;
- insolvent estate
means the company's assets;
- nominated person
means a relevant person who has been required by the administrator to make out and deliver to the administrator a statement of affairs;
- obligant
includes a 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;
- physical meeting
means a meeting where the creditors are invited to be present together at the same place (whether or not it is possible to attend the meeting without being present at that place);
- 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—
- pre-administration costs
means fees charged, and expenses incurred, by the administrator or another person qualified to act as an insolvency practitioner in relation to the company, before the company entered administration but with a view to it doing so;
- 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 rules 3.93 and 3.94;
- proposal
means a proposal for a CVA.
- regulatory provision
has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
- relevant date
means— (a) in the case of an administration which was not immediately preceded by a winding up, the date on which the company entered administration;
- relevant person
means a person mentioned in paragraph 47(3) of Schedule B1;
- remotely
means attending and being able to participate in the meeting without being in the place where the meeting is held.
- requisitioned decision
means a decision requested to be sought under paragraph 52(2) or 56(1) of Schedule B1.
- 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 to the Act and paragraph 18A of Schedule 9 to 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;
- statement of proposals
means a statement made by an administrator under paragraph 49 of Schedule B1 setting out proposals for achieving the purpose of an administration;
- the 1986 Rules
means the Insolvency (Scotland) Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 Rules” 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 Companies Act
means the Companies Act 2006;
- the Gazette
has the meaning given in section 251];
- to gazette
means to advertise in the Gazette, whether electronically or otherwise;
- unpaid pre-administration costs
means pre-administration costs which had not been paid when the company entered administration.
- virtual meeting
has the meaning given by rule 5.2;