COURT OF SESSION Citation and commencement 1 1 This Act of Sederunt is to be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Bankruptcy and Diligence etc. (Scotland) Act 2007) 2008 and comes into force on 1st April 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Rules of the Court of Session 2 The Rules of the Court of Session 1994 are amended in accordance with paragraphs 3 and 4. Interim diligence 3 1 Subparagraph (a) of rule 4.11(2) (borrowing of certain documents from process) is omitted. 2 In rule 13.2(5) (warrants which may be included in summons), the words “for diligence” are omitted. 3 In rule 13.6A(1) (authority for diligence etc before calling), subparagraphs (i) and (ii) are omitted. 4 In rule 13.8A (authority for diligence etc after calling), subparagraphs (i) and (ii) are omitted. 5 Rule 13.9 (effect of authority for inhibition on the dependence) is omitted. 6 Rule 13.10 (recall etc of arrestment or inhibition) is omitted. 7 In Form 13.2-A (form of summons and backing), under the heading “ Warrant for diligence ”, the words “[arrestment on the dependence of the action]” and “[inhibition on the dependence of the action]” are omitted. 8 After Chapter 14 (petitions) insert– CHAPTER 14A INTERIM DILIGENCE Interpretation 14A.1 In this Chapter– “the 1987 Act ” means the Debtors (Scotland) Act 1987 ; and “the 2002 Act ” means the Debt Arrangement and Attachment (Scotland) Act 2002 . Application for interim diligence 14A.2 1 The following shall be made by motion– a an application under section 15D(1) of the 1987 Act for warrant for diligence by arrestment or inhibition on dependence of an action or petition or warrant for arrestment on the dependence of an admiralty action; b an application under section 9C of the 2002 Act for interim attachment. 2 Such an application must be accompanied by a statement in Form 14A.2. 3 A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the diligence concerned. Effect of authority for inhibition on the dependence 14A.3 1 Where a person has been granted authority for inhibition on the dependence of an action or petition, a certified copy of the interlocutor granting the motion may be registered with a certificate of execution in the Register of Inhibitions and Adjudications. 2 A notice of a certified copy of an interlocutor granting authority for inhibition under rule 14.A.2 may be registered under section 155 of the Titles to Land Consolidation (Scotland) Act 1868 ; and such registration shall have the same effect as registration of a notice under that section. Recall etc of arrestment or inhibition 14A.4 1 An application by any person having an interest– a to loose, restrict, vary or recall an arrestment or an interim attachment; or b to recall, in whole or in part, or vary, an inhibition, shall be made by motion. 2 Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of arrestment on the dependence, and paragraphs (2) and (3) of rule 13.11 (movement of arrested property) shall apply in such a case as they apply to the case of that rule. Incidental applications in relation to interim diligence, etc 14A.5 An application to the Court under Part 1A of the 1987 Act or Part 1A of the 2002 Act not otherwise provided for shall be made by motion. . 9 In Rule 16.15 (forms of diligence), after paragraph (1)(j) insert– k in the case of an interim attachment, a schedule in Form 2a, and a report of attachment in Form 2b, in Appendix 1 of Schedule 1 to the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002 ; . 10 In the Appendix, after Form 14.7 insert Form 14A.2 set out in the Schedule to this Act of Sederunt. 11 But Chapter 13 of the Rules of the Court of Session 1994 as it applied immediately before 1st April 2008 continues to have effect for the purpose of any application for warrant for arrestment on the dependence or inhibition on the dependence made before that date. Bankruptcy 4 1 For Chapter 72 (Bankruptcy (Scotland) Act 1985) substitute– CHAPTER 72 BANKRUPTCY (SCOTLAND) ACT 1985 Interpretation of this Chapter 72.1 1 In this Chapter, “the Act of 1985 ” means the Bankruptcy (Scotland) Act 1985 . 2 Unless the context otherwise requires, words and expressions used in this Chapter which are also used in the Act of 1985 have the same meaning as in that Act. Applications for replacement of trustee under section 28A of the Act of 1985 72.2 1 An application under section 28A(2) of the Act of 1985 (replacement of trustee acting in more than one sequestration) shall include a list of the sequestrations to which the application relates. 2 Where the court grants an application under section 28A(2) of the Act of 1985, the Accountant in Bankruptcy shall intimate a certified copy of the interlocutor of the court to– a each sheriff who awarded sequestration or to whom the sequestration was transferred under section 15(2) of the Act of 1985 in the sequestrations to which the application relates; and b any person appointed as the trustee under section 28A(2)(b)(i) of that Act. 3 The court may make such other orders as it thinks fit for the intimation and advertisement of the appointment of a trustee under section 28A(2)(b) of the Act of 1985. 4 For the purposes of paragraph (2), a certified copy interlocutor shall be taken to have been intimated to a sheriff where it is sent to the sheriff clerk of the court where the sheriff was sitting when he awarded the sequestration or when sequestration was transferred to him. Remit of application under section 63(1) of the 1985 Act 72.3 1 An application under section 63(3)(b) of the Act of 1985 (application for a direction to remit an application under section 63(1)) shall be made by petition. 2 A copy of the application under section 63(1) of the Act of 1985 (application to sheriff to cure defects in procedure) certified by the sheriff clerk shall be lodged with any application under section 63(3)(b) of that Act. 3 Where the court has determined an application under section 63(3)(b) of the Act of 1985, the applicant shall intimate a certified copy of the interlocutor of the court forthwith to– a the sheriff clerk; and b the Accountant in Bankruptcy. 4 Where the court grants an application under section 63(3)(b) of the Act of 1985, the sheriff clerk shall, on receipt of a certified copy of the interlocutor of the court, transmit that application under section 63(1) of that Act, and those parts of the sequestration process in his custody, to the Deputy Principal Clerk. 5 Where the court has determined the matters raised by the application under section 63(1) of the Act of 1985– a the applicant under section 63(3)(b) of that Act shall intimate a certified copy of the interlocutor of the court forthwith to– i the sheriff clerk; and ii the Accountant in Bankruptcy; and b the Deputy Principal Clerk shall transmit the parts of process transmitted to him under paragraph (4) to the sheriff clerk. Register of insolvencies 72.4 The register of insolvencies maintained by the Accountant in Bankruptcy under section 1A(1)(b) of the Act of 1985 shall contain the information set out in Form 72.4. . 2 In the Appendix, for Forms 72.2A to 72.6-E substitute the Form 72.4 set out in the Schedule to this Act of Sederunt. 3 But Chapter 72 of the Rules of the Court of Session 1994 as it applied immediately before 1st April 2008 continues to have effect in relation to any sequestration in respect of which the petition is presented before that date. A C HAMILTON Lord President, I.P.D. Edinburgh 13th March 2008