Court Of Session Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2020. 2 It comes into force on 2nd July 2020. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Rules of the Court of Session 1994 2 1 The Rules of the Court of Session 1994 are amended in accordance with this paragraph. 2 In rule 74.1(2) (application and interpretation of this Chapter) , after the definition of “the Act of 2011” insert— “the Act of 2020” means the Corporate Insolvency and Governance Act 2020 ; . 3 In rule 74.3B (decision making) , in paragraphs (1) and (2), after “in relation to any” insert “moratorium,”. 4 After rule 74.3B insert— PART IA MORATORIUMS Moratoriums - general 74.3C 1 A moratorium to be obtained by lodging the relevant documents in court must be— a lodged in the Petition Department; and b marked by the clerk of session receiving them with the time and date on which they are lodged and a certified copy provided to the directors. 2 An application to the court for a moratorium must be made— a where the eligible company is subject to an outstanding winding-up petition, by note in the process of that petition; or b in all other cases, by petition. 3 Paragraph (1) applies to— a the obtaining of an extension of a moratorium under sections A10 (extension by directors without creditor consent) or A11 (extension by directors with creditor consent); and b the termination of a moratorium by the monitor under section A38(1) (termination of moratorium by monitor), of the Act of 1986, as it does to the obtaining of a moratorium. 4 Paragraph (5) applies to an application to the court under— a section A13 (extension by court on application of directors); b section A21(1) (restrictions on enforcement and legal proceedings); c section A31(1) (disposal of charged property free from charge); d section A32(1) (disposal of hire-purchase property); e section A37 (application by monitor for directions); f section A39(1) or (2) (replacement of monitor or appointment of additional monitor); g section A42(1) (challenge to monitor’s actions); h rules under section A43(1) (challenges to monitor remuneration in insolvency proceedings); i section A44(1) (challenge to directors’ actions), of the Act of 1986. 5 Where this paragraph applies, an application to the court must be made— a where the eligible company is subject to an outstanding winding-up petition, by note in the process of that petition; b where the application for the moratorium was made by petition, by note in the process of that petition; or c in all other cases, by petition. Moratoriums – regulated companies 74.3D An application under any of the following sections of the Act of 1986 in relation to a regulated company is to be intimated to the appropriate regulator (as those persons are defined in section A49(13) of that Act (regulated companies: modifications to this Part))— a section A31(1); b section A32(1); c section A39(1); d section A42(1); e section A44(1). Moratoriums – challenge to monitor’s remuneration 74.3E An application to the court under paragraph 80 of schedule 4 of the Act of 2020 (challenge to monitor’s remuneration) must be made— a where the company is in administration or being wound-up by the court, by note in the process of those insolvency proceedings; or b in all other cases, by petition. . 5 In rule 74.21(1) (petition to wind up a company , after paragraph (1)(b)(iii) insert— iiia confirmation that it is not the subject of a moratorium; . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 3 1 The Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 is amended in accordance with this paragraph. 2 In rule 3(1) (interpretation) , after the definition of “the Act of 2011” insert— “the Act of 2020” means the Corporate Insolvency and Governance Act 2020 ; . 3 After rule 3B (expenses) insert— PART AI MORATORIUMS Moratoriums – general 3C 1 A moratorium to be obtained by lodging the relevant documents in court must be— a lodged in the offices of the court; b marked by the sheriff clerk with the time and date on which they are lodged and a certified copy provided to the directors. 2 An application to the court for a moratorium must be made— a where the eligible company is subject to an outstanding winding-up petition, by note in the process of that petition; or b in all other cases, by petition. 3 Paragraph (1) applies to— a the obtaining of an extension of a moratorium under sections A10 (extension by directors without creditor consent) or A11 (extension by directors with creditor consent); and b the termination of a moratorium by the monitor under section A38(1) (termination of moratorium by monitor), of the Act of 1986, as it does to the obtaining of a moratorium. 4 Paragraph (5) applies to an application to the court under— a section A13 (extension by court on application of directors); b section A21(1) (restrictions on enforcement and legal proceedings); c section A31(1) (disposal of charged property free from charge); d section A32(1) (disposal of hire-purchase property); e section A37 (application by monitor for directions); f section A39(1) or (2) (replacement of monitor or appointment of additional monitor); g section A42(1) (challenge to monitor’s actions); h rules under section A43(1) (challenges to monitor remuneration in insolvency proceedings); i section A44(1) (challenge to directors’ actions), of the Act of 1986. 5 Where this paragraph applies, an application to the court must be made— a where the eligible company is subject to an outstanding winding-up petition, by note in the process of that petition; b where the application for the moratorium was made by petition, by note in the process of that petition; or c in all other cases, by petition. Moratoriums – regulated companies 3D An application under any of the following sections of the Act of 1986 in relation to a regulated company is to be intimated to the appropriate regulator (as those persons are defined in section A49(13) of that Act (regulated companies: modifications to this Part))— a section A31(1); b section A32(1); c section A39(1); d section A42(1); e section A44(1). Moratoriums – challenge to monitor’s remuneration 3E An application to the court under paragraph 80 of schedule 4 of the Act of 2020 (challenge to monitor’s remuneration) must be made— a where the company is in administration or being wound-up by the court, by note in the process of those insolvency proceedings; or b in all other cases, by petition. . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In rule 18(1) (petitions to wind up a company) , after paragraph (b)(iii) insert— iv confirmation that it is not the subject of a moratorium; . 6 In rule 31 (application) for “Parts I” substitute “Parts AI”. 7 In rule 31AB (decision making) , in paragraphs (1) and (2), after “in relation to any” insert “moratorium,”. CJM SUTHERLAND Lord President I.P.D. Edinburgh