SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Initiation andprogress of causes

CHAPTER 27 CAUTION AND SECURITY

C127 Insolvency or death of cautioner or guarantor

Where caution has been found by bond of caution or security has been given by guarantee and the cautioner or guarantor, as the case may be—

a

becomes apparently insolvent within the meaning assigned by section 7 of the M1Bankruptcy (Scotland) Act 1985(constitution of apparent insolvency),

b

calls a meeting of his creditors to consider the state of his affairs,

c

dies unrepresented, or

d

is a company and—

i

an administration or winding up order has been made, or a resolution for a voluntary winding up has been passed, with respect to it,

ii

a receiver of all or any part of its undertaking has been appointed, or

iii

a voluntary arrangement (within the meaning assigned by section 1(1) of the M2Insolvency Act 1986) has been approved under Part I of that Act,

the party entitled to benefit from the caution or guarantee may apply by motion for a new security or further security to be given.