The Insolvency (Scotland) Rules 1986

UK Statutory Instrument 1986 No. 1915 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 10 November 1986
In force from: 29 December 1986
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: Insolvency Act 1986

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

(This Note does not form part of the Rules.) These Rules set out the detailed procedure for the conduct of insolvency proceedings under the Insolvency Act 1986 (“the Act”) relating to companies registered in Scotland and other companies which the Scottish courts have jurisdiction to wind up and otherwise give effect to that Act in relation to Scotland. Part 1 of the Rules sets out the procedure relating to company voluntary arrangements under Part I of the Act. Part 2 of the Rules sets out the procedure relating to the administration procedure in Part II of the Act (Administration Orders). Part 3 of the Rules sets out the procedure relating to receivers in Chapter II of Part III of the Act (Receivers (Scotland)). In addition, the Receivers (Scotland) Regulations 1986 (S.I. 1986/1917) prescribe matters which expressly fall to be prescribed in terms of that Chapter. Parts 4-6 of the Rules set out the procedure relating to winding up of companies in Part IV of the Act. Part 4 of the Rules deals with winding up by the court. Parts 5 and 6 of, and Schedules 1 and 2 to, the Rules apply the provisions of Part 4, with modifications, to creditors' voluntary winding up and members' voluntary winding up respectively. Part 7 of the Rules contains provisions of general application to insolvency proceedings. They include provisions relating to meetings (Chapter 1), proxies and company representation (Chapter 2) and miscellaneous matters (Chapter 3). In particular, Schedule 5 contains the forms which are to be used for the purposes of the provisions of the Act or the Rules which are referred to in those forms. The Rules come into force on 29th December 1986 when the Act comes into force and will apply to insolvency proceedings which are commenced on or after that day.

Offences created by this instrument

False representations, etc rule 1.24(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Prescription (Scotland) Bill Lords · Lords Chamber · 13 May 1987 · Lord Sanderson of Bowden
My Lords, I beg to move that the Bill be now read a second time. This Bill is a small but important measure introduced in another place by the honourable Member for Strathkelvin and Bearsden. Before I deal with the detailed provisions of the Bill now before the House, I must take the important step of declaring an interest since I hold a position as a director of Clydesdale Bank plc. As I hope to make clear, however, the provisions of the Bill which I move are not designed to benefit solely institutions such as a bank but rather are designed to protect the interests of all creditors. I can…
Draft Scotland Act 1998 (Insolvency Functions) Order 2017 Commons · General Committees · 4 December 2017 · The Deputy Leader of the House of Commons (Michael Ellis)
I beg to move, That the Committee has considered the draft Scotland Act 1998 (Insolvency Functions) Order 2017. The draft order, which was laid before the House on 20 September 2017, is part of a package of measures aimed at updating and modernising corporate insolvency in Scotland, particularly the insolvency rules that apply to the winding up of companies. It follows on from the recent modernisation of company insolvency rules in England and Wales that culminated in the Insolvency (England and Wales) Rules 2016. To briefly give some background, I should explain that the law on corporate…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1986