Corporate Insolvency and Governance Act 2020

Type Public General Act
Publication 2020-06-25
Last updated 2022-02-14
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Timing of statements for extension under section A10 or A11

Content of application to the court for extension of moratorium

Timing of statements accompanying application to court for extension of moratorium

Notices about change in end of moratorium

Notification by directors of insolvency proceedings etc

Notice of termination of moratorium

Termination of moratorium under section A38(1)(d) of the Insolvency Act 1986

Replacement of monitor or additional monitor: notification

Challenge to monitor's remuneration

Challenge to directors' actions: qualifying decision procedure

Priority of moratorium debts etc in subsequent winding up

Priority of moratorium debts etc in subsequent administration

Prescribed format of documents

Delivery of documents

Identification details for a company

Contact details of a monitor or other office-holder

“The Scottish Insolvency Rules”

Interpretation: general

In the Insolvency (Northern Ireland) Order 1989, before Schedule A1 (which is repealed by Schedule 7 to this Act) insert—

In the Insolvency (Northern Ireland) Order 1989, after Schedule ZA1 (inserted by Schedule 5 to this Act) insert—

The Insolvency (Northern Ireland) Order 1989

Building Societies Act 1986

Limited Liability Partnerships Act 2000

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

The Insolvency Practitioners Regulations (Northern Ireland) 2006

Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6))

Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10))

Insolvency (Amendment) Act (Northern Ireland) 2016

“Relevant period”

Power to turn off particular provisions of Part 2 of this Schedule early

Power to turn off provisions of Part 3 of this Schedule early etc

“Eligible” company: additional exclusion

Relaxation of conditions for obtaining moratorium etc

Relaxation of conditions for extending moratorium obtained during relevant period

Monitoring of moratorium obtained during relevant period

Termination of moratorium obtained during relevant period

“Coronavirus”

Introductory

Content of documents relating to the obtaining or extending of a moratorium: general

Authentication of documents relating to obtaining or extending moratorium: general

Notice that directors wish to obtain a moratorium

Timing of statements for obtaining moratorium

Notice by monitor where moratorium comes into force

Notice that directors wish to extend a moratorium

Extension under Article 13CA or 13CB of the Insolvency (Northern Ireland) Order 1989: notices and statements

Timing of statements for extension under Article 13CA or 13CB

Content of application to the High Court for extension of moratorium

Timing of statements accompanying application to High Court for extension of moratorium

Notices about change in end of moratorium

Notification by directors of insolvency proceedings etc

Notice of termination of moratorium

Termination of moratorium under Article 13ED(1)(d) of the Insolvency (Northern Ireland) Order 1989

Replacement of monitor or additional monitor: notification

Challenge to monitor's remuneration

Challenge to directors' actions: meeting

Priority of moratorium debts etc in subsequent winding up

Priority of moratorium debts etc in subsequent administration

Prescribed format of documents

Authentication of applications, notices and statements

Modifications to the Insolvency Rules

Identification details for a company

Contact details of a monitor or other office-holder

“The Insolvency Rules”

Interpretation: general

Finance Act 1986

Insolvency Act 1986

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

Water Industry Act 1991

Taxation of Chargeable Gains Act 1992

Value Added Tax Act 1994

Housing Act 1996

Financial Services and Markets Act 2000

Limited Liability Partnerships Act 2000

Enterprise Act 2002

Income Tax (Earnings and Pensions) Act 2003

Energy Act 2004

Income Tax (Trading and Other Income) Act 2005

Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10))

Companies Act 2006

Housing and Regeneration Act 2008

Corporation Tax Act 2009

Corporation Tax Act 2010

Third Parties (Rights against Insurers) Act 2010

Housing (Scotland) Act 2010 (asp 17)

Financial Services (Banking Reform) Act 2013

Co-operative and Community Benefit Societies Act 2014

Mutuals' Deferred Shares Act 2015

Restriction on winding-up petitions: registered companies

Restriction on winding-up petitions: unregistered companies

Restriction on winding-up petitions: petitions made before commencement

Restriction on winding-up orders: registered companies

Restriction on winding-up orders: unregistered companies

Restriction on winding-up orders: orders made before commencement

Modifications of 1986 Act

Modification of Insolvency Rules and Rules of Court

Interpretation

Restriction on winding-up petitions: registered companies

Restriction on winding-up petitions: unregistered companies

Restriction on winding-up petitions: petitions made before commencement

Restriction on winding-up orders: registered companies

Restriction on winding-up orders: unregistered companies

Restriction on winding-up orders: orders made before commencement

Modifications of 1989 Order

Modification of Insolvency Rules

Interpretation

Amendments to Acts

Amendments to subordinate legislation

Amendments to Acts

Amendment to subordinate legislation

Meaning of “qualifying body”

Meaning of “relevant period”

Meetings of qualifying bodies held during the relevant period

Meetings of qualifying bodies held during the relevant period: power to make further provision

Extension of period for qualifying body to hold annual general meeting

Power to extend period for qualifying body to hold annual general meeting

Regulations made by the Secretary of State or the Treasury

Regulations made by the Scottish Ministers

Regulations made by the Department for the Economy in Northern Ireland

Other interpretation

Editorial notes

[^key-8d56c25b010b1825dca5e9f1930f7d0c]: Sch. 4 applied (with modifications) (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), regs. 1(1), 5

[^key-fb7f1d38b35762a1e059b1d3a3a9e938]: Sch. 8 applied (with modifications) (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), regs. 1(1), 6

[^key-e22a0fd0c97e24c033bea191abf630c8]: Sch. 4 Pts. 1-3 applied in part (with modifications) (E.W.) by S.I. 2012/3013, Sch. 1 para. 1 (as modified (7.7.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) Regulations 2020 (S.I. 2020/710), regs. 1, 5 (with reg. 6)); [Editorial note: The affecting legislation is revoked and this amendment is reversed (13.8.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(2), 2]

[^key-180c7613ad738e5114e60f94f5d32c63]: Sch. 4 applied (with modifications) (E.W.S.) by S.I. 2014/229, arts. 2(5), 11(6), Sch. 4 Pt. 4 (as inserted (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 7(c), 10, 13(g))

[^key-de742446bcbcf36eb51e0469c152d138]: Sch. 3 para. 51 in force at 18.7.2020 by S.I. 2020/744, art. 3

[^key-4be2b1127392dad6fa9bf11d61a95cfa]: Sch. 3 para. 54 revoked (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 4

[^key-5454d700cc3c20932fe67d27d924625a]: Sch. 4 Pts. 1-3 applied in part (with modifications) (E.W.) by S.I. 2012/3013, Sch. 1 para. 1 (as modified (13.8.2020 immediately after the coming into force of S.I. 2020/856, reg. 2) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(3), 6 (with reg. 7))

[^key-2c6f30cf4d0490bfb01577475c1884bb]: Sch. 4 para. 5 ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-25a4a4f18ebd3f5639e0fc30e9d51ccd]: Sch. 4 para. 6(1)(b) ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-448d094603bf44d42ee51377b9b937ab]: Sch. 4 para. 7(a) ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-2cdc02547ff6f33621fd915de6e8f642]: Sch. 4 para. 8 ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-9d1836f1416f2fe404328714b9f3da15]: Sch. 4 para. 9 ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-f6c53cbc69b6049c35b46637c5971681]: Sch. 4 para. 10 ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-202ef672fda7003be99f74e2b6d490e9]: Sch. 4 para. 11 ceases to have effect (1.10.2020) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020 (S.I. 2020/1033), regs. 1, 2 (with reg. 3)

[^key-c0e3a8e89fd25c653fecb7425792d204]: Words in Sch. 14 para. 2(1)(b) substituted (E.W.S.) (29.9.2020) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2020 (S.I. 2020/1031), regs. 1, 2(4)(5); (S.) (30.9.2020) by The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020 (S.S.I. 2020/284), regs. 1, 2(2); (N.I.) (1.10.2020) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period for Meetings of Registered Societies and Credit Unions) Regulations (Northern Ireland) 2020 (S.R. 2020/211), regs. 1, 2(2)

[^key-04d4c60fef07465d8d6cd6f6ada6641f]: Words in Sch. 14 para. 2(1)(b) (E.W.S.) (26.11.2020 substituted for specified purposes) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of Liability for Wrongful Trading and Extension of the Relevant Period) Regulations 2020 (S.I. 2020/1349), regs. 1, 3; (S.) (30.12.2020) by The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 (S.S.I. 2020/421), regs. 1, 2(2); (N.I.) (9.2.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period for Meetings of Registered Societies and Credit Unions No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/331), regs. 1, 2(2)

[^key-0684f2a06991c159818157381f6320f3]: Sch. 4 applied (with modifications) (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), regs. 1(1), 6

[^key-edfc91f9a40caee0ed78919c138674ec]: Sch. 8 applied (with modifications) (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), regs. 1(1), 7

[^key-be52f701b35a449d6d82ed1380122d13]: Words in s. 15(2)(b) substituted (26.3.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 (S.I. 2021/375), regs. 1, 3(2)

[^key-166ab8fb0ab7f3af5940e567b9b61dc7]: Words in Sch. 4 para. 1(b) substituted (26.3.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 (S.I. 2021/375), regs. 1, 3(3)

[^key-62ef1e972a369007ce9a0d84ebb49b09]: Words in s. 19(2)(b) substituted (29.3.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Certain Relevant Periods) Regulations (Northern Ireland) 2021 (S.R. 2021/75), regs. 1, 2(a)

[^key-5e06bb41e02966028eae4eef7af9a54c]: Words in s. 24(1) substituted (1.4.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Change of Expiry Date) Regulations 2021 (S.I. 2021/441), regs. 1, 2

[^key-a70a3b31755a526f1ec19ef4ffc62138]: Words in s. 32(1) substituted (29.4.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Change of Expiry Date in section 32(1)) Regulations (Northern Ireland) 2021 (S.R. 2021/104), regs. 1, 2

[^key-b723d5ff171fa133696687356779b864]: Words in Sch. 8 para. 1(b) substituted (29.9.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No. 2) Regulations (Northern Ireland) 2021 (S.R. 2021/258), regs. 1, 2

[^key-4e4feb4bf65476512c139e62c1964626]: Sch. 10 substituted (1.10.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 (S.I. 2021/1091), regs. 1(3), 3

[^key-d2c1cc9f26065cabe5eb8539a8769f20]: Words in s. 41(2) omitted (1.10.2021) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 (S.I. 2021/1091), regs. 1(3), 4

[^key-58b842178fe4a2c67a9d58d914324604]: Sch. 8 Pt. 2 ceases to have effect (14.2.2022) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Part 2 of Schedule 8) Regulations (Northern Ireland) 2022 (S.R. 2022/4), regs. 1, 2 (with reg. 3)

[^M_F_564366ae-9f60-485f-98d3-e95a60bda28f]: Words in s. 42(2) omitted (29.9.2021) by virtue of The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021 (S.R. 2021/259), regs. 1, 3

[^M_F_b49f92d0-9992-4160-d839-e51b6c67ecbd]: Sch. 11 substituted (29.9.2021) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021 (S.R. 2021/259), regs. 1, 2

Restriction on winding-up petitions

Modification of Insolvency Rules

Interpretation

General

Restriction on winding-up petitions

Modification of Insolvency Rules and Rules of Court

Interpretation

General

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