Insolvency Act 1985

• (b) any assessment or determination made (whether before or after the commencement of the bankruptcy) in relation to the bankrupt by any inland revenue official; or

• (c) any correspondence (whether before or after the commencement of the bankruptcy) between the bankrupt and any inland revenue official.

• (2) Where the court has made an order under subsection (1) above for the purposes of any examination or proceedings, the court may, at any time after the document to which the order relates is produced to it, by order authorise the disclosure of the document, or of any part of its contents, to the official receiver, the trustee of the bankrupt's estate or the bankrupt's creditors.

• (3) The court shall not address an order under subsection (1) above to an inland revenue official unless it is satisfied that that official is dealing, or has dealt, with the affairs of the bankrupt.

• (4) Where any document to which an order under subsection (1) above relates is not in the possession of the official to whom the order is addressed, it shall be the duty of that official to take all reasonable steps to secure possession of it and, if he fails to do so, to report the reasons for his failure to the court.

• (5) Where any document to which an order under subsection (1) above relates is in the possession of an inland revenue official other than the one to whom the order is addressed, it shall be the duty of the official in possession of the document, at the request of the official to whom the order is addressed, to deliver it to the official making the request.

• (6) In this section " inland revenue official " means any inspector or collector of taxes appointed by the Commissioners of Inland Revenue or any person appointed by the Commissioners to serve in any other capacity.

• (7) This section shall not apply for the purposes of an examination under section 196 above which takes place by virtue of subsection (7) of that section.

Power to appoint special manager

198

• (1) The court may, on an application under this section, appoint any person to be the special manager of a bankrupt's estate or of the business of an undischarged bankrupt or of the property or business of a debtor in whose case the official receiver has been appointed interim receiver under section 133 above.

• (2) An application under this section may be made by the official receiver or the trustee of a bankrupt's estate in any case where it appears to the official receiver or trustee that the nature of the estate, property or business, or the interests of the creditors generally, require the appointment of another person to manage the estate, property or business.

• (3) A special manager appointed under this section shall have such powers as may be entrusted to him by the court.

• (4) The power of the court under subsection (3) above to entrust powers to a special manager shall include power to direct that any provision of this Part that has effect in relation to the official receiver, interim receiver or trustee shall have the like effect in relation to the special manager for the purposes of the carrying out by the special manager of any of the functions of the official receiver, interim receiver or trustee.

• (5) A special manager appointed under this section shall—

• (a) give such security as may be prescribed ;

• (b) prepare and keep such accounts as may be prescribed; and

• (c) produce those accounts in accordance with the rules to the Secretary of State or to such other persons as may be prescribed.

Re-direction of bankrupt's letters etc.

199

• (1) Where a bankruptcy order has been made, the court may from time to time, on the application of the official receiver or the trustee of the bankrupt's estate, order the Post Office to re-direct and send or deliver to the official receiver or trustee or otherwise any postal packet (within the meaning of the Post Office Act 1953) which would otherwise be sent or delivered by them to the bankrupt at such place or places as may be specified in the order.

• (2) An order under this section shall have effect for such period, not exceeding three months, as may be specified in the order.

CHAPTER IX — General

Supplies by utilities

Supplies by utilities

200

• (1) This section applies where on any day (" the relevant day ")—

• (a) a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed;

• (b) a composition or scheme proposed by an individual is approved under Chapter I of this Part; or

• (c) a deed of arrangement is made for the benefit of an individual's creditors;

and in this section " the office holder " means the official receiver, the trustee in bankruptcy, the interim receiver, the supervisor of the composition or scheme or the trustee under the deed of arrangement, as the case may be.

• (2) If a request falling within subsection (3) below is made for the giving after the relevant day of any of the supplies mentioned in subsection (4) below, the supplier—

• (a) may make it a condition of the giving of the supply that the office holder personally guarantees the payment of any charges in respect of the supply; but

• (b) shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the individual before the relevant day are paid.

• (3) A request falls within this subsection if it is made—

• (a) by or with the concurrence of the office holder; and

• (b) for the purposes of any business which is or has been carried on by the individual, by a firm or partnership of which the individual is or was a member or by an agent or manager for the individual or for such a firm or partnership.

• (4) The supplies referred to in subsection (2) above are—

• (a) a supply of gas by the British Gas Corporation ;

• (b) a supply of electricity by an Electricity Board (within the meaning of the Energy Act 1983);

• (c) a supply of water by statutory water undertakers;

• (d) a supply of telecommunication services (within the meaning of the Telecommunications Act 1984) by a public telecommunications operator (within the meaning of that Act).

• (5) In subsection (4) above the reference to telecommunication services does not include a reference to services consisting in the conveyance of cable programmes, that is to say programmes included in cable programme services (within the meaning of the Cable and Broadcasting Act 1984).

Insolvency jurisdiction

Jurisdiction in relation to insolvent individuals

201

• (1) It shall be the High Court and the county courts which shall have jurisdiction throughout England and Wales for the purposes of this Part.

• (2) For the purposes of this Part a county court shall, in addition to its ordinary jurisdiction, have all the powers and jurisdiction of the High Court; and the orders of the court may be enforced accordingly in the prescribed manner.

• (3) Jurisdiction for the purposes of this Part shall be exercised—

• (a) by the High Court in relation to the proceedings which, in accordance with the rules, are allocated to the London insolvency district; and

• (b) by each county court in relation to the proceedings which are so allocated to the insolvency district of that court.

• (4) Subsection (3) above is without prejudice to the transfer of proceedings from one court to another in the manner prescribed by the rules; and nothing in that subsection shall invalidate any proceedings on the grounds that they were initiated or continued in the wrong court.

Insolvency districts

202

• (1) The Lord Chancellor may by order designate the areas which are for the time being to be comprised, for the purposes of this Part, in the London insolvency district and the insolvency district of each county court; and an order under this section may—

• (a) exclude any county court from having jurisdiction for the purposes of this Part; or

• (b) confer jurisdiction for the purposes of this Part on any county court which has not previously had that jurisdiction.

• (2) An order under this section may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

• (3) An order under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

• (4) Subject to any order under this section—

• (a) the district which, on the day before the coming into force of this section, is the London bankruptcy district shall, after that day, be the London insolvency district;

• (b) any district which on that day is the bankruptcy district of a county court shall, after that day, be the insolvency district of that court; and

• (c) any county court which on that day is excluded from having jurisdiction in bankruptcy shall, after that day, be excluded from having jurisdiction for the purposes of this Part.

Appeals etc. from courts exercising insolvency jurisdiction

203

• (1) Every court having jurisdiction for the purposes of this Part may review, rescind or vary any order made by it in the exercise of that jurisdiction.

• (2) An appeal from a decision made in the exercise of jurisdiction for the purposes of this Part by a county court or by a registrar in bankruptcy of the High Court shall lie to a single judge of the High Court; and an appeal from a decision of that judge on such an appeal shall, with the leave of the judge or of the Court of Appeal, lie to the Court of Appeal.

• (3) A county court shall not, in the exercise of its jurisdiction for the purposes of this Part, be subject to be restrained by the order of any other court and no appeal shall lie from its decision in the exercise of that jurisdiction except as provided by this section.

CHAPTER X — Supplemental

Time limits

204

Where by this Part or by the rules the time for doing anything is limited, the court may extend the time, either before or after it has expired, on such terms, if any, as it thinks fit.

Formal defects

205

The acts of a person as the trustee of a bankrupt's estate or as a special manager and the acts of a committee established under section 148 above, shall be valid notwithstanding any defect in the appointment, election or qualifications of the trustee or manager or, as the case may be, of any member of the committee.

Exemption from stamp duty

206

Stamp duty shall not be charged on—

• (a) any document, being a deed, conveyance, assignment, surrender, admission or other assurance relating solely to property which is comprised in a bankrupt's estate and which, after the execution of that document, is or remains at law or in equity the property of the bankrupt or of the trustee of that estate;

• (b) any writ, order, certificate or other instrument relating solely to the property of a bankrupt or to any bankruptcy proceedings.

Individual insolvency rules

207

• (1) The Lord Chancellor may, with the concurrence of the Secretary of State, make rules for the purpose of giving effect to this Part.

• (2) Without prejudice to the generality of subsection (1) above or to any provision of this Part by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—

• (a) any such provision as is specified in Schedule 7 to this Act or corresponds to provision contained immediately before the coming into force of this section in rules made under section 132 of the Bankruptcy Act 1914; and

• (b) such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

• (3) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

• (5) Nothing in this section or section 208 below shall be taken as prejudicing any power to make rules of court.

Fees orders

208

• (1) There shall be paid in respect of—

• (a) proceedings under this Part; and

• (b) the performance by the official receiver or the Secretary of State of functions under this Part,

such fees as the Lord Chancellor may with the sanction of the Treasury by order direct; and the Treasury may by order direct by whom and in what manner the fees are to be collected and accounted for.

• (2) The Lord Chancellor may, with the sanction of the Treasury, by order provide for sums to be deposited, by such persons, in such manner and in such circumstances as may be specified in the order, by way of security for—

• (a) fees payable by virtue of this section ; and

• (b) fees payable to any person who has prepared a report under section 123(3) above.

• (3) An order under this section may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor or, as the case may be, the Treasury necessary or expedient.

• (4) An order under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

• (5) Fees payable by virtue of this section shall be paid into the Consolidated Fund.

Orders prescribing monetary limits

209

• (1) The Secretary of State may by order prescribe amounts for the purposes of the following provisions of this Part—

• (a) section 123 ;

• (b) section 179(3);

• (c) section 184(2) and (3);

• (d) section 187(2);

• (e) section 189(1);

• (f) section 190(2); and

• (g) section 194(2)(d);

and references in this Part to the amount prescribed for the purposes of any of those provisions, and references in those provisions to the prescribed amount, shall be construed accordingly.

• (2) An order under this section may contain such transitional provisions as may appear to the Secretary of State necessary or expedient.

• (3) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annual report

210

As soon as practicable after the end of 1986 and each subsequent calendar year, the Secretary of State shall prepare and lay before each House of Parliament a report about the operation during that year of this Part and about proceedings in the course of that year under the Deeds of Arrangement Act 1914.

Interpretation of Part III

211

• (1) In this Part, except in so far as the context otherwise requires—

• " bankrupt" means an individual who has been adjudged bankrupt and, in relation to a bankruptcy order, means the individual adjudged bankrupt by that order;

• " bankruptcy debt", in relation to a bankrupt, means (subject to subsection (2) below) any of the following— any debt or liability to which he is subject at the commencement of the bankruptcy; any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy; any amount specified in pursuance of section 39(3) of the Powers of Criminal Courts Act 1973 in any criminal bankruptcy order made against him before the commencement of the bankruptcy; and any interest provable as mentioned in section 163(2) above;

• "bankruptcy order" means an order adjudging an individual bankrupt;

• " bankruptcy petition " means a petition to the court for a bankruptcy order;

• " the court ", in relation to any matter, means the court to which, in accordance with section 201 above and the rules, proceedings with respect to that matter are allocated or transferred;

• " creditor "— in relation to a bankrupt, means a person to whom any of the bankruptcy debts is owed (being, in the case of an amount falling within paragraph of the definition of " bankruptcy debt", the person in respect of whom that amount is specified in the criminal bankruptcy order in question); and in relation to an individual to whom a bankruptcy petition relates, means a person who would be a creditor in the bankruptcy if a bankruptcy order were made on that petition ;

• " creditor's petition " means a bankruptcy petition under section 119(1)(a) above;

• " criminal bankruptcy order " means an order under section 39(1) of the Powers of Criminal Courts Act 1973 ;

• " debt" shall be construed in accordance with subsection (3) below;

• " the debtor "— in relation to a proposal for the purposes of Chapter I of this Part, means the individual making or intending to make that proposal; and in relation to a bankruptcy petition, means the individual to whom the petition relates :

• " debtor's petition" means a bankruptcy petition under section 119(1)(b) above;

• " dwelling house" includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

• " estate", in relation to a bankrupt, shall be construed in accordance with section 130 above ;

• " family ", in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

• " liability " means, subject to subsection (3) below, a liability to pay money or money's worth, including any liability under any enactment, any liability for breach of trust, any liability in contract, tort or bailment and any liability arising out of an obligation to make restitution ;

• " prescribed" means (subject to section 209 above) prescribed by the rules;

• " the rules " means rules made under section 207 above ;

• "secured" and related expressions shall be construed in accordance with subsections (5) to (7) below.

• (2) In determining for the purposes of this Part whether any liability in tort is a bankruptcy debt the bankrupt shall be deemed to become subject to that liability by reason of an obligation incurred at the time when the cause of action accrued.

• (3) For the purposes of references in this Part to a debt or liability it shall be immaterial whether the debt or liability is present or future, whether it is certain or contingent or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in this Part to owing a debt shall be construed accordingly.

• (4) References in this Part to a person's affairs include references to his business, if any.

• (5) Subject to subsections (6) and (7) below and any provision of the rules requiring a creditor to give up his security for the purposes of proving a debt, a debt is secured for the purposes of this Part to the extent that the person to whom the debt is owed holds any security for the debt (whether a mortgage, charge, lien or other security) over any property of the person by whom the debt is owed.

• (6) Where a statement such as is mentioned in section 120(5)(a) above has been made by a secured creditor for the purposes of any bankruptcy petition and a bankruptcy order is subsequently made on that petition, the creditor shall be deemed for the purposes of this Part to have given up the security specified in the statement.

• (7) In subsection (5) above the reference to a security does not include a reference to a lien on books, papers or other records, except to the extent that they consist of documents which give a title to property and are held as such.

Part IV — Miscellaneous and Supplemental

Miscellaneous

Transactions defrauding creditors

212

Co-operation between courts exercising jurisdiction in relation to insolvency law

213

• (1) An order made by a court in any part of the United Kingdom in the exercise of jurisdiction in relation to insolvency law shall be enforced in any other part of the United Kingdom as if it were made by a court exercising the corresponding jurisdiction in that other part ; but, without prejudice to the following provisions of this section, nothing in this subsection shall require a court in any part of the United Kingdom to enforce, in relation to property situated in that part, any order made by a court in any other part of the United Kingdom.

• (2) The Secretary of State, with the concurrence in relation to property situated in EngIand and Wales of the Lord Chancellor, may by order make provision for securing that a trustee or assignee under the insolvency law of any part of the United Kingdom has, with such modifications as may be specified in the order, the same rights in relation to any property situated in another part of the United Kingdom as he would have in the corresponding circumstances if he were a trustee or assignee circumstances under the insolvency law of that other part.

• (3) The courts having jurisdiction in relation to insolvency law in any part of the United Kingdom shall assist the courts having the corresponding jurisdiction in any other part of the United Kingdom or any relevant country or territory.

• (4) For the purposes of subsection (3) above a request made to a court in any part of the United Kingdom by a court in any other part of the United Kingdom or in a relevant country or territory shall be authority for the court to which the request is made to apply, in relation to any matters specified in the request, the insolvency law which is applicable by either court in relation to comparable matters falling within its jurisdiction ; and in exercising its discretion under this subsection, a court shall have regard in particular to the rules of private international law.

• (5) Where a person who is a trustee or assignee under the insolvency law of any part of the United Kingdom claims property situated in any other part of the United Kingdom (whether by virtue of an order under subsection (2) above or otherwise), the submission of that claim to the court exercising jurisdiction in relation to insolvency law in that other part shall be treated in the same manner as a request made by a court for the purposes of subsection (3) above.

• (6) Section 38 of the Criminal Law Act 1977 (execution of warrant of arrest throughout the United Kingdom) shall apply to a warrant which, in exercise of any jurisdiction in relation to insolvency law, is issued in any part of the United Kingdom for the arrest of a person as it applies to a warrant issued in that part of the United Kingdom for the arrest of a person charged with an offence.

• (7) Without prejudice to any power to make rules of court, any power to make provision by subordinate legislation for the purpose of giving effect in relation to companies or individuals to the insolvency law of any part of the United Kingdom shall include power to make provision for the purpose of giving effect in that part to any provision made by or under the preceding provisions of this section.

• (8) An order under subsection (2) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) In this section “insolvency law” means—

• (a) in relation to England and Wales, provision extending to England and Wales and made by or under this Act or Parts XIX to XXI of the 1985 Act;

• (b) in relation to Scotland, provision extending to Scotland and made by or under this Act, Parts XVIII to XXI of the 1985 Act or the Bankruptcy (Scotland) Act 1985;

• (c) in relation to Northern Ireland, provision made by or under the Bankruptcy Acts (Northern Ireland) 1857 to 1980, Part V, VI or IX of the Companies Act (Northern Ireland) 1960 or Part IV of the Companies (Northern Ireland) Order 1978;

• (d) in relation to any relevant country or territory, so much of the law of that country or territory as corresponds to provisions falling within any of the foregoing paragraphs;

and references in this subsection to any enactment include, in relation to any time before the coming into force of that enactment, references to the corresponding enactment in force at that time.

• (10) In this section “relevant country or territory” means—

• (a) any of the Channel Islands or the Isle of Man; or

• (b) any country or territory designated for the purposes of this section by the Secretary of State by order made by statutory instrument.

Parliamentary disqualification etc.

214

• (1) Where a court in England and Wales or Northern Ireland adjudges an individual bankrupt or a court in Scotland awards sequestration of an individual’s estate, the individual shall be disqualified—

• (a) for sitting or voting in the House of Lords

• (b) for being elected to, or sitting or voting in, the House of Commons; and

• (c) for sitting or voting in a committee of either House.

• (2) Where an individual is disqualified under this section, the disqualification shall cease—

• (a) except where the adjudication is annulled or the award recalled or reduced without the individual having been first discharged, on the discharge of the individual; and

• (b) in the said excepted case, on the annulment, recall or reduction, as the case may be.

• (3) No writ of summons shall be issued to any lord of Parliament who is for the time being disqualified under this section for sitting and voting in the House of Lords.

• (4) Where a member of the House of Commons who is disqualified under this section continues to be so disqualified until the end of the period of six months beginning with the day of the adjudication or award, his seat shall be vacated at the end of that period.

• (5) A court which makes an adjudication or award such as is mentioned in subsection (1) above in relation to any lord of Parliament or member of the House of Commons shall forthwith certify the adjudication or award to the Speaker of the House of Lords or, as the case may be, to the Speaker of the House of Commons.

• (6) Where a court has certified an adjudication or award to the Speaker of the House of Commons under subsection (5) above, then, immediately after it becomes apparent which of the following certificates is applicable, the court shall certify to the Speaker of the House of Commons—

• (a) that the period of six months beginning with the day of the adjudication or award has expired without the adjudication or award having been annulled, recalled or reduced; or

• (b) that the adjudication or award has been annulled, recalled or reduced before the end of that period.

• (7) Subject to the preceding provisions of this section, so much of this Act and of any other enactment (whenever passed) and of any subordinate legislation (whenever made) as—

• (a) makes provision for or in connection with bankruptcy in one or more parts of the United Kingdom; or

• (b) makes provision conferring a power of arrest in connection with the winding up or insolvency of companies in one or more parts of the United Kingdom,

shall apply in relation to persons having privilege of Parliament or peerage as it applies in relation to persons not having such privilege.

Power to inspect Land Register etc.

215

Repeal of section 152(4) of Social Security Act 1975

216

Amendments of Restrictive Trade Practices Act 1976

217

• (1) No restriction in respect of any of the matters specified in subsection (2) below shall, after the coming into force of this section, be regarded as a restriction by virtue of which the Restrictive Trade Practices Act 1976 applies to any agreement (whenever made).

• (2) The said matters are—

• (a) the charges to be made, quoted or paid for insolvency services supplied, offered or obtained;

• (b) the terms or conditions on or subject to which insolvency services are to be supplied or obtained;

• (c) the extent (if any) to which, or the scale (if any) on which, insolvency services are to be made available, supplied or obtained;

• (d) the form or manner in which insolvency services are to be made available, supplied or obtained;

• (e) the persons or classes of persons for whom or from whom, or the areas or places in or from which, insolvency services are to be made available or supplied or are to be obtained.

• (3) In this section “insolvency services” means the services of persons acting as insolvency practitioners or carrying out under the law of Northern Ireland functions corresponding to those mentioned in section 1(2) or (3) above, in their capacity as such; and expressions which are also used in the said Act of 1976 have the same meanings as in that Act.

• (4) In Schedule 1 to the said Act of 1976 (services excluded from designated services), after paragraph 9 there shall be inserted the following paragraph—

(9A) Insolvency services within the meaning of section 217 of the Insolvency Act 1985.

Amendments of Employment Protection (Consolidation) Act 1978

218

Amendments of Banking Act 1979

219

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of County Courts Act 1984

220

• (1) The County Courts Act 1984 shall be amended as follows.

• (2) In section 112(4)(b) (minimum amount which must be owed to creditor presenting, or joining in, a bankruptcy petition while administration order is in force), for “£400” there shall be substituted “£1500”.

• (3) In subsection (1) of section 115 (execution while administration order is in force if debtor’s property exceeds £10 in value), for “£10” there shall be substituted the words “the minimum amount”.

• (4) After subsection (1) of the said section 115 there shall be inserted the following subsection—

(1A) In subsection (1) above “the minimum amount” means £50 or such other amount as the Lord Chancellor may by order specify instead of that amount or the amount for the time being specified in such an order; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Disabilities on revocation of administration order against individual

221

Official receivers

Official receivers: appointment etc.

222

Functions and status of official receivers

223

• (1) In addition to any functions conferred on him by this Act or the 1985 Act, a person holding the office of official receiver shall carry out such other functions as may from time to time be conferred on him by the Secretary of State.

• (2) In the exercise of the functions of his office a person holding the office of official receiver shall act under the general directions of the Secretary of State and shall also be an officer of the court in relation to which he exercises those functions.

• (3) Any property vested in his official capacity in a person holding the office of official receiver shall, on his dying, ceasing to hold office or being otherwise succeeded in relation to the bankruptcy or winding up in question by another official receiver, vest in his successor without any conveyance, assignment or transfer.

Deputy official receivers and staff

224

• (1) If he thinks it expedient to do so in order to facilitate the disposal of the business of the official receiver attached to any court, the Secretary of State may appoint an officer of his department to act as deputy to that official receiver.

• (2) Subject to any directions given by the Secretary of State under section 222 or 223 above, a person appointed to act as deputy to an official receiver shall, on such conditions and for such period as may be specified in the terms of his appointment, have the same status and functions as the official receiver to whom he is appointed deputy; and, accordingly, references in this Act (except section 222(1) to (4) above) and in the 1985 Act to an official receiver include references to a person appointed to act as his deputy.

• (3) An appointment made under subsection (1) above may be terminated at any time by the Secretary of State.

• (4) The Secretary of State may, subject to the approval of the Treasury as to numbers and remuneration and as to the other terms and conditions of the appointments, appoint officers of his department to assist official receivers in the carrying out of their functions.

Official Petitioner

Official Petitioner. ?

225

• (1) There shall continue to be an officer known as the Official Petitioner for the purpose of discharging, in relation to cases in which a criminal bankruptcy order is made, the functions assigned to him by or under this Act; and the Director of Public Prosecutions shall, by virtue of his office, continue to be the Official Petitioner.

• (2) The functions of the Official Petitioner shall include the following functions, namely—

• (a) to consider whether, in a case in which a criminal bankruptcy order is made, it is in the public interest that he should himself present a petition under section 119 (1)(d) above;

• (b) to present such a petition in any case where he determines it is in the public interest for him to do so ;

• (c) to make payments, in such cases as he may determine, towards expenses incurred by other persons in connection with proceedings in pursuance of such a petition ; and

• (d) to exercise, so far as he considers it in the public interest to do so, any of the powers conferred on him by or under this Act.

• (3) Any functions of the Official Petitioner may be discharged on his behalf by any person acting with his authority.

• (4) Neither the Official Petitioner nor any person acting with his authority shall be liable to any action or proceeding in respect of anything done or omitted to be done in the discharge, or purported discharge, of the functions of the Official Petitioner.

• (5) In this section " criminal bankruptcy order " means an order under section 39(1) of the Powers of Criminal Courts Act 1973.

Powers to make subordinate legislation

Insolvency rules committee

226

• (1) The committee established under section 10 of the Insolvency Act 1976 (advisory committee on bankruptcy and winding-up rules) shall continue to exist for the purpose of being consulted under subsection (2) below, instead of for the purpose of carrying out the functions conferred by that section.

• (2) The Lord Chancellor shall consult the committee before making any rules under section 106 or 207 above.

• (3) Subject to subsection (4) below, the committee shall continue to consist of—

• (a) a judge of the High Court attached to the Chancery Division;

• (b) a circuit judge ;

• (c) a registrar in bankruptcy of the High Court;

• (d) the registrar of a county court;

• (e) a practising barrister;

• (f) a practising solicitor ; and

• (g) a practising accountant;

and the appointment of any person as a member of the committee shall be made by the Lord Chancellor.

• (4) The Lord Chancellor may appoint as additional members of the committee any persons appearing to him to have qualifications or experience that would be of value to the committee in considering any matter with which it is concerned.

Insolvent partnerships

227

• (1) The Lord Chancellor may, by order made with the concurrence of the Secretary of State, provide that such provisions of this Act and Parts XX and XXI of the 1985 Act as may be specified in the order shall apply in relation to insolvent partnerships with such modifications as may be so specified.

• (2) An order under this section may make different provision for different cases and may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

• (3) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Insolvent estates of deceased persons

228

• (1) The Lord Chancellor may, by order made with the concurrence of the Secretary of State, provide that such provisions of this Act as may be specified in the order shall apply to the administration of the insolvent estates of deceased persons with such modifications as may be so specified.

• (2) An order under this section may make different provision for different cases and may contain such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

• (3) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) For the purposes of this section the estate of a deceased person is insolvent if, when realised, it will be insufficient to meet in full all the debts and other liabilities to which it is subject

Recognised banks etc.

229

• (1) The Secretary of State may, by order made with the concurrence of the Treasury and after consultation with the Bank of England, provide that such provisions of Part II of this Act and Parts XVIII to XXI of the 1985 Act as may be specified in the order shall apply in relation to—

• (a) recognised banks and licensed institutions within the meaning of the Banking Act 1979 ; and

• (b) institutions to which sections 16 and 18 of that Act apply as if they were licensed institutions,

with such modifications as may be so specified.

• (2) An order under this section may make different provision for different cases and may contain such incidental, supplemental and transitional provisions as may appear to the Secretary of State necessary or expedient.

• (3) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Other supplemental provisions

Offences by bodies corporate

230

Admissibility of statements of affairs etc.

231

In any proceedings (whether or not under this Act), any statement of affairs prepared for the purposes of any provision of this Act and any other statement made in pursuance of a requirement imposed by or under this Act or rules made under this Act may be used in evidence against any person making or concurring in making it.

Interpretation

232

In this Act, except in so far as the context otherwise requires—

• " the 1985 Act" means the Companies Act 1985 ;

• " associate " shall be construed in accordance with section 233 below;

• " business " includes a trade or profession;

• " conditional sale agreement" and " hire-purchase agreement " have the same meanings as in the Consumer Credit Act 1974;

• " modifications " includes additions, alterations and omissions and cognate expressions shall be construed accordingly ;

• " property " includes money, goods, things in action, land and every description of property wherever situated and also obligations and every description of interest, whether present or future or vested or contingent, arising out of, or incidental to, property;

• " records " includes computer records and other non-documentary records;

• " standard scale " has the meaning given by section 75 of the Criminal Justice Act 1982 ;

• " statutory maximum " has the meaning given by section 74 of the Criminal Justice Act 1982;

• " subordinate legislation " has the same meaning as in the Interpretation Act 1978;

• " transaction" includes a gift, agreement or arrangement, and references to entering into a transaction shall be construed accordingly.

Meaning of " associate "

233

• (1) For the purposes of this Act any question whether a person is an associate of another person shall be determined, in accordance with the following provisions of this section (any provision that a person is an associate of another person being taken to mean that they are associates of each other).

• (2) A person is an associate of an individual if that person is the individual's husband or wife, or is a relative, or the husband or wife of a relative, of the individual or of the individual's husband or wife.

• (3) A person is an associate of any person with whom he is in partnership, and of the husband or wife or a relative of any individual with whom he is in partnership; and a Scottish firm is an associate of any person who is a member of the firm.

• (4) A person is an associate of any person whom he employs or by whom he is employed.

• (5) A person in his capacity as trustee of a trust other than—

• (a) a trust arising under Part III of this Act or the Bankruptcy (Scotland) Act 1985 ; or

• (b) a pension scheme or an employees' share scheme (within the meaning of the 1985 Act),

is an associate of another person if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that other person or an associate of that other person.

• (6) A company is an associate of another company—

• (a) if the same person has control of both, or a person has control of one and persons who are his associates, or he and persons who are his associates, have control of the other; or

• (b) if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

• (7) A company is an associate of another person if that person has control of it or if that person and persons who are his associates together have control of it.

• (8) For the purposes of this section a person is a relative of an individual if he is that individual's brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating—

• (a) any relationship of the half blood as a relationship of the whole blood and the stepchild or adopted child of any person as his child; and

• (b) an illegitimate child as the legitimate child of his mother and reputed father ;

and references in this section to a husband or wife include a former husband or wife and a reputed husband or wife.

• (9) For the purposes of this section any director or other officer of a company shall be treated as employed by that company.

• (10) For the purposes of this section a person shall be taken to have control of a company if—

• (a) the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions ; or

• (b) he is entitled to exercise, or control the exercise of, one third or more of the voting power at any general meeting of the company or of another company which has control of it;

and where two or more persons together satisfy either of the above conditions, they shall be taken to have control of the company.

• (11) In this section " company " includes any body corporate (whether incorporated in Great Britain or elsewhere); and references to directors and other officers of a company and to voting power at any general meeting of a company shall have effect with any necessary modifications.

Crown application

234

For the avoidance of doubt it is hereby declared that this Act binds the Crown so far as it affects or relates to the following matters, namely—

• (a) remedies against, or against the property of, companies or individuals;

• (b) priorities of debts ;

• (c) transactions at an undervalue or preferences ;

• (d) compositions or schemes approved under Chapter II of Part II or Chapter I of Part III; and

• (e) discharge from bankruptcy.

Consequential amendments, transitional provisions, savings and repeals

235

• (1) The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being amendments consequential on the provisions of this Act).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, commencement and extent

236

• (1) This Act may be cited as the Insolvency Act 1985.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

Panels of members

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of members

2

The Secretary of State may out of money provided by Parliament pay to members of the Tribunal such remuneration as he may with the approval of the Treasury determine ; and such expenses of the Tribunal as the Secretary of State and the Treasury may approve shall be defrayed by the Secretary of State out of money so provided.

Sittings of Tribunal

3

• (1) For the purposes of carrying out their functions in relation to any cases referred to them, the Tribunal may sit either as a single tribunal or in two or more divisions.

• (2) The functions of the Tribunal in relation to any case referred to them shall be exercised by three members consisting of—

• (a) a chairman selected by the Secretary of State from the panel drawn up under paragraph 1(1)(a) above; and

• (b) two other members selected by the Secretary of State from the panel drawn up under paragraph 1(1)(b) above.

Procedure of Tribunal

4

• (1) Any investigation by the Tribunal shall be so conducted as to afford a reasonable opportunity for representations to be made to the Tribunal by or on behalf of the person whose case is the subject of the investigation.

• (2) For the purposes of any such investigation, the Tribunal—

• (a) may by summons require any person to attend, at such time and place as is specified in tie summons, to give evidence or to produce any books, papers and other records in his possession or under his control which the Tribunal considers it necessary for the purposes of the investigation to examine ; and

• (b) may take evidence on oath, and for the purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;

but no person shall be required, in obedience to such a summons, to go more than ten miles from his place of residence, unless the necessary expenses of his attendance are paid or tendered to him.

• (3) Every person who—

• (a) without reasonable excuse fails to attend in obedience to a summons issued under this paragraph, or refuses to give evidence; or

• (b) intentionally alters, suppresses, conceals or destroys or refuses to produce any document which he may be required to produce for the purpose of an investigation by the Tribunal,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Subject to the provisions of this paragraph, the Secretary of State may make rules for regulating the procedure on any investigation by the Tribunal.

• (5) In their application to Scotland, sub-paragraphs (2) and (3) above shall have effect as if for any reference to a summons there were substituted a reference to a notice in writing.

Supervision by Council on Tribunals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary disqualification

6

• (1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry—

Any member of the Insolvency Practitioners Tribunal in receipt of remuneration.

• (2) A corresponding amendment shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

SCHEDULE 2

PART I — Matters Applicable in All Cases

1

Any misfeasance or breach of any fiduciary or other duty by the director in relation to the company.

2

Any misapplication or retention by the director of, or any conduct by the director giving rise to an obligation to account for, any money or other property of the company.

3

The extent of the director's responsibility for the company entering into any transaction liable to be set aside under section 212 of this Act.

4

The extent of the director's responsibility for any failure by the company to comply with any of the following provisions of the 1985 Act, namely—

• (a) section 221 (companies to keep accounting records) ;

• (b) section 222 (where and for how long records to be kept);

• (c) section 288 (register of directors and secretaries);

• (d) section 352 (obligation to keep and enter up register of members) ;

• (e) section 353 (location of register of members) ;

• (f) sections 363 and 364 (company's duty to make annual return) ;

• (g) section 365 (time for completion of annual return) ; and

• (h) sections 399 and 415 (company's duty to register charges it creates).

5

The extent of the director's responsibility for any failure by the directors of the company to comply with section 227 (directors' duty to prepare annual accounts) or section 238 (signing of balance sheet and documents to be annexed) of the 1985 Act.

PART II — Matters Applicable where Company has become Insolvent

6

The extent of the director's responsibility for the causes of the company becoming insolvent.

7

The extent of the director's responsibility for any failure by the company to supply any goods or services which have been paid for (in whole or in part).

8

The extent of the director's responsibility for the company entering into any transaction or giving any preference, being a transaction or preference liable to be set aside under section 101 of this Act or section 522 of the 1985 Act or challengeable under section 615A or 615B of that Act or under any rule of law in Scotland.

9

The extent of the director's responsibility for any failure by the directors of the company to comply with section 85 of this Act.

10

Any failure by the director to comply with any obligation imposed on him by or under section 482 of the 1985 Act (company's statement of affairs) or section 39, 53, 66, 85, 98 or 99 of this Act.

SCHEDULES 3—5

1

Power to take possession of, collect and get in the property of the company and, for that purpose, to take such proceedings as may seem to him expedient.

2

Power to sell or otherwise dispose of the property of the company by public auction or private contract or, in Scotland, to sell, feu, hire out or otherwise dispose of the property of the company by public roup or private bargain.

3

Power to raise or borrow money and grant security therefor over the property of the company.

4

Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.

5

Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.

6

Power to refer to arbitration any question affecting the company.

7

Power to effect and maintain insurances in respect of the business and property of the company.

8

Power to use the company's seal.

9

Power to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.

10

Power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.

11

Power to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent and power to employ and dismiss employees.

12

Power to do all such things (including the carrying out of works) as may be necessary for the realisation of the property of the company.

13

Power to make any payment which is necessary or incidental to the performance of his functions.

14

Power to carry on the business of the company.

15

Power to establish subsidiaries of the company.

16

Power to transfer to subsidiaries of the company the whole or any part of the business and property of the company.

17

Power to grant or accept a surrender of a lease or tenancy of any of the property of the company, and to take a lease or tenancy of any property required or convenient for the business of the company.

18

Power to make any arrangement or compromise on behalf of the company.

19

Power to call up any uncalled capital of the company.

20

Power to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person indebted to the company and to receive dividends, and to accede to trust deeds for the creditors of any such person.

21

Power to present or defend a petition for the winding up of the company.

22

Power to change the situation of the company's registered office.

23

Power to do all other things incidental to the exercise of the foregoing powers.

SCHEDULE 4

PART I — List of Preferential Debts

Debts due to Inland Revenue

1

• (1) Sums due at the relevant date from the debtor on account of deductions of income tax from emoluments paid during the period of twelve months next before that date, being deductions which the debtor was liable to make under section 204 of the Income and Corporation Taxes Act 1970 (pay as you earn) less the amount of the repayments of income tax which the debtor was liable to make during that period.

• (2) Sums due at the relevant date from the debtor in respect of such deductions as are required to be made by the debtor for that period under section 69 of the Finance (No. 2) Act 1975 (subcontractors in the construction industry).

Debts due to Customs and Excise

2

• (1) Any value added tax which is referable to the period of six months next before the relevant date.

• (2) The amount of any car tax which is due at the relevant date from the debtor and which became due within a period of twelve months next before that date.

• (3) Any amount which is due—

• (a) by way of general betting duty or bingo duty ; or

• (b) under section 12(1) of the Betting and Gaming Duties Act 1981 (general betting duty and pool betting duty recoverable from agent collecting stakes); or

• (c) under section 14 of, or Schedule 2 to, that Act (gaming licence duty),

from the debtor at the relevant date and which became due within the period of twelve months next before that date.

Social security contributions

3

• (1) All sums which on the relevant date are due from the debtor on account of Class 1 or Class 2 contributions under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 and which became due from the debtor in the twelve months next before the relevant date.

• (2) All sums which on the relevant date have been assessed on and are due from the debtor on account of Class 4 contributions under either of the said Acts of 1975, being sums which—

• (a) are due to the Commissioners of Inland Revenue (rather than to the Secretary of State or a Northern Ireland department) ; and

• (b) are assessed on the debtor up to 5th April next before the relevant date,

but not exceeding, in the whole, any one year's assessment.

Contributions to occupational pension schemes etc.

4

Any sum which is owed by the debtor and is a sum to which Schedule 3 to the Social Security Pensions Act 1975 (contributions to occupational pension scheme and state scheme premiums) applies.

Remuneration of employees etc.

5

• (1) So much of any amount which—

• (a) is owed by the debtor to a person who is or has been an employee of the debtor ; and

• (b) is payable by way of remuneration in respect of the whole or any part of the period of four months next before the relevant date,

as does not exceed such amount as may be prescribed by order made by the Secretary of State.

• (2) An amount owed by way of accrued holiday remuneration, in respect of any period of employment before the relevant date, to a person whose employment by the debtor has been terminated, whether before, on or after that date.

• (3) So much of any sum owed in respect of money advanced for the purpose as has been applied for the payment of a debt which, if it had not been paid, would have been a debt failing within subparagraph (1) or (2) above.

6

So much of any amount which—

• (a) is ordered, whether before or after the relevant date, to be paid by the debtor under the Reserve Forces (Safeguard of Employment) Act 1985 ; and

• (b) is so ordered in respect of a default made by the debtor before that date in the discharge of his obligations under that Act,

as does not exceed such amount as may be prescribed by order made by the Secretary of State.

PART II — Interpretation of Part I

General interpretation of Schedule

1

• (1) In this Schedule " the debtor "—

• (a) in relation to a winding up, means the company which is being wound up ; and

• (b) in relation to the distribution of a bankrupt's estate, means the bankrupt.

• (2) In relation to a company, the references in this Schedule to the relevant date are references—

• (a) where the company is being wound up by the court and the winding-up order was made immediately upon the discharge of an administration order, to the date of the making of the administration order;

• (b) in a case not falling within paragraph (a) above where the company is being wound up by the court and had not commenced to be wound up voluntarily before the date of the making of the winding-up order, to the date of the appointment (or first appointment) of a provisional liquidator or, if no such appointment has been made, to the date of the making of the winding-up order ; and

• (c) in a case not falling within paragraph (a) or (b) above, to the date of the passing of the resolution for the winding up of the company.

• (3) In relation to a bankrupt, the references in this Schedule to the relevant date are references—

• (a) where at the time the bankruptcy order was made, there was an interim receiver of the debtor's estate appointed under section 133 of this Act, to the date on which the interim receiver was first appointed after the presentation of the bankruptcy petition ; and

• (b) in a case not falling within paragraph (a) above, to the date of the making of the bankruptcy order.

Periods to which value added tax referable

2

For the purposes of paragraph 2(1) of Part I of this Schedule—

• (a) where the whole of the prescribed accounting period to which any value added tax is attributable falls within the period of six months next before the relevant date ( " the relevant period " ), the whole amount of that tax shall be referable to the relevant period ; and

• (b) in any other case the amount of any value added tax which shall be referable to the relevant period shall be the proportion of the tax which is equal to such proportion (if any) of the accounting reference period in question as falls within the relevant period ;

and in this paragraph " prescribed " means prescribed by regulations under the Value Added Tax Act 1983.

Amounts payable by way of remuneration

3

• (1) For the purposes of paragraph 5 of Part I of this Schedule, a sum is payable by the debtor to a person by way of remuneration in respect of any period if—

• (a) it is paid as wages or salary (whether payable for time or for piece work or earned wholly or partly by way of commission) in respect of services rendered to the debtor in that period; or

• (b) it is an amount falling within sub-paragraph (2) below and is payable by the debtor in respect of that period.

• (2) An amount falls within this sub-paragraph if it is—

• (a) a guarantee payment under section 12(1) of the Employment Protection (Consolidation) Act 1978 (employee without work to do for a day or part of a day);

• (b) remuneration on suspension on medical grounds under section 19 of that Act;

• (c) any payment for time off under section 27(3) (trade union duties), 31(3) (looking for work, etc.) or 31A(4) (ante-natal care) of that Act;

• (d) statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982; or

• (e) remuneration under a protective award made by an industrial tribunal under section 101 of the Employment Protection Act 1975 (redundancy dismissal with compensation).

• (3) For the purposes of paragraph 5 of Part I of this Schedule, holiday remuneration shall be deemed, in the case of a person whose employment has been terminated by or in consequence of his employer going into liquidation or being adjudged bankrupt, to have accrued to that person in respect of any period of employment if, by virtue of that person's contract of employment or of any enactment (including an order or direction made under any enactment), that remuneration would have accrued in respect of that period if that person's employment had continued until he became entitled to be allowed the holiday.

• (4) Without prejudice to the preceding provisions of this paragraph-—

• (a) any remuneration payable by the debtor to a person in respect of a period of holiday or of absence from work through sickness or other good cause is deemed to be wages or, as the case may be, salary in respect of services rendered to the debtor in that period; and

• (b) references in this paragraph to remuneration in respect of a period of holiday include references to any sums which, if they had been paid, would have been treated for the purposes of the enactments relating to social security as earnings in respect of that period.

Orders

4

• (1) An order under paragraph 5 or 6 of Part I of this Schedule may contain such transitional provisions as may appear to the Secretary of State necessary or expedient.

• (2) An order under the said paragraph 5 or 6 shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 5

Courts

1

Provision for supplementing, in relation to the insolvency or winding up of companies, any provision made by or under section 512 of the 1985 Act (jurisdiction in relation to winding up).

2

Provision for regulating the practice and procedure of any court exercising jurisdiction for the purposes of Part II of this Act or the 1985 Act so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies, being any provision that could be made by rules of court.

Notices etc.

3

Provision requiring notice of any proceedings in connection with or arising out of the insolvency or winding up of a company to be given or published in the manner prescribed by the rules.

4

Provision with respect to the form, manner of serving, contents and proof of any petition, application, order, notice, statement or other document required to be presented, made, given, published or prepared under any enactment or subordinate legislation relating to, or to matters connected with or arising out of, the insolvency or winding up of companies.

5

Provision specifying the persons to whom any notice is to be given.

Registration of voluntary arrangements

6

Provision for the registration of compositions or schemes approved under Chapter II of Part II of this Act, including provision for the keeping and inspection of a register.

Provisional liquidator

7

Provision as to the manner in which a provisional liquidator appointed under section 532 of the 1985 Act is to carry out his functions.

Conduct of insolvency

8

Provision with respect to the certification of any person as, and as to the proof that a person is, the liquidator, administrator or administrative receiver of a company.

9

The following provision with respect to meetings of a company's creditors, contributories or members—

• (a) provision as to the manner of summoning a meeting (including provision as to how any power to require a meeting is to be exercised, provision as to the manner of determining the value of any debt or contribution for the purposes of any such power and provision making the exercise of any such power subject to the deposit of a sum sufficient to cover the expenses likely to be incurred in summoning and holding a meeting);

• (b) provision specifying the time and place at which a meeting may be held and the period of notice required for a meeting;

• (c) provision as to the procedure to be followed at a meeting (including the manner in which decisions may be reached by a meeting and the manner in which the value of any vote at a meeting is to be determined);

• (d) provision for requiring a person who is or has been an officer of the company to attend a meeting ;

• (e) provision creating, in the prescribed circumstances, a presumption that a meeting has been duly summoned and held; and

• (f) provision as to the manner of proving the decisions of a meeting.

10

Provision as to the functions, membership and proceedings of a committee established under section 43, 55, 74 or 75 of this Act or section 482B or 590 of the 1985 Act and the following provision with respect to the establishment of a committee established under section 74 or 75 of this Act or section 590 of the 1985 Act, that is to say—

• (a) provision for resolving differences between a meeting of the company's creditors and a meeting of its contributories or members;

• (b) provision authorising the establishment of the committee without a meeting of contributories in a case where a company is being wound up on grounds including its inability to pay its debts; and

• (c) provision modifying the requirements of this Act with respect to the establishment of the committee in a case where a winding-up order has been made immediately upon the discharge of an administration order.

11

Provision as to the manner in which any requirement that may be imposed on a person under Part II of this Act or under the 1985 Act by the official receiver, the liquidator, administrator or administrative receiver of a company or a special manager appointed under section 90 of this Act is to be so imposed.

12

Provision as to the debts that may be proved in a winding up, as to the manner and conditions of proving a debt and as to the manner and expenses of establishing the value of any debt or security.

13

Provision with respect to the manner of the distribution of the property of a company that is being wound up, including provision with respect to unclaimed funds and dividends.

14

Provision which, with or without modifications, applies in relation to the winding up of companies any enactment contained in Part III of this Act or in the Bankruptcy (Scotland) Act 1985.

Financial provisions

15

Provision as to the amount, or manner of determining the amount, payable to the liquidator, administrator or administrative receiver of a company or a special manager appointed under section 90 of this Act, by way of remuneration for the carrying out of functions in connection with or arising out of the insolvency or winding up of a company.

16

Provision with respect to the manner in which moneys received by the liquidator of a company in the course of carrying out his functions as such are to be invested or otherwise handled and with respect to the payment of interest on sums which, in pursuance of rules made by virtue of this paragraph, have been paid into the Insolvency Services Account.

17

Provision as to the fees, costs, charges and other expenses that may be treated as the expenses of a winding up.

18

Provision as to the fees, costs, charges and other expenses that may be treated as properly incurred by the administrator or administrative receiver of a company.

19

Provision as to the fees, costs, charges and other expenses that may be incurred for any of the purposes of Chapter II of Part II of this Act or in the administration of any composition or scheme approved under that Chapter.

Information and records

20

Provision requiring registrars and other officers of courts having jurisdiction in England and Wales in relation to, or to matters connected with or arising out of, the insolvency or winding up of companies—

• (a) to keep books and other records with respect to the exercise of that jurisdiction ; and

• (b) to make returns to the Secretary of State of the business of those courts.

21

Provision requiring a creditor, member or contributory or such a committee as is mentioned in paragraph 10 above to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.

22

Provision as to the manner in which public examinations under section 68 of this Act and proceedings under section 100 of this Act are to be conducted, as to the circumstances in which records of such examinations or proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.

23

Provision imposing requirements with respect to—

• (a) the preparation and keeping by the liquidator, administrator or administrative receiver of a company, or by the supervisor of a composition or scheme approved under Chapter II of Part II of this Act, of prescribed books, accounts and other records ;

• (b) the production of those books, accounts and records for inspection by prescribed persons ;

• (c) the auditing of accounts kept by the liquidator, administrator or administrative receiver of a company or by the supervisor of such a composition or scheme ; and

• (d) the issue by the administrator or administrative receiver of a company of such a certificate as is mentioned in section 22(3)(b) of the Value Added Tax Act 1983 (refund of tax in cases of bad debts) and the supply of copies thereof to creditors of the company.

24

Provision requiring the person who is the supervisor of a composition or scheme approved under Chapter II of Part II of this Act, when it appears to him that the composition or scheme has been fully implemented and that nothing remains to be done by him under the composition or scheme—

• (a) to give notice of that fact to persons bound by the composition or scheme ; and

• (b) to report to those persons on the carrying out of the functions conferred on the supervisor of the composition or scheme.

25

Provision as to the manner in which the liquidator of a company is to act in relation to the books, papers and other records of the company, including provision authorising their disposal.

26

Provision imposing requirements in connection with the carrying out of functions under section 12(5) of this Act (including, in particular, requirements with respect to the making of periodic returns).

General

27