LegalizeThe Insolvency (Amendment) Rules 1987
(1) “Business day” has the same meaning as in section 251 of the Act except in Rules 1.7, 4.10, 4.11, 4.16, 4.20, 5.10 and 6.23, where, if the court is the High Court, it has the same meaning as is given in Order 65, Rule 5(4) of the Rules of the Supreme Court, and, in relation to a county court, it means any day on which the court office is open in accordance with Order 2, Rule 2 of the County Court Rules.
Amendment of Rule 13.14
152
In subparagraph (a) of paragraph (1) of Rule 13.14 the word “administrative” shall be omitted.
PART 2 — AMENDMENT OF SCHEDULES TO THE PRINCIPAL RULES
Amendment of Schedule 2
153
Schedule 2 to the principal Rules shall be amended in accordance with Part 3 of this Schedule.
Amendment of Schedule 3
154
For paragraphs 1—3 of Schedule 3 to the principal Rules there shall be substituted the following:—
| 1 For attendance | £54.00. |
|---|---|
| 2 Per folio of written record | 75.4p plus 4p per folio for all copies. |
| 3 Travelling time | £5.67 per hour after first hour of each journey. |
Amendment of the index to Schedule 4
155
- (1) For the entry relating to Form 3.1 (including the form number) in the index to forms in Schedule 4 to the principal Rules there shall be substituted the following:—
(3.1B) Notice requiring preparation and submission of administrative receivership statement of affairs
- (2) There shall be inserted in that index the following form numbers, titles and headings:—
(2.4A) Notice to administrator of administration order
(3.1) Written acceptance of appointment by receiver (3.1A) Notice of appointment of administrative receiver (for newspaper or London Gazette)
(4.14A) Notice to official receiver of appointment of provisional liquidator
(5.1) Order for stay pending hearing of application for interim order (5.2) Interim order of court under section 252 of the Insolvency Act 1986 (5.3) Order extending effect of interim order (5.4) Alternative orders to be made at hearing to consider chairman’s report
(6.24A) Order for substitution of petitioner on creditor’s petition (6.24B) Change of carriage order
(6.79A) Charging order under section 313 of the Insolvency Act 1986
- (3) For the entries relating to the forms shown in the left-hand column below there shall be substituted the words shown on the same line in the right-hand column:—
| Form | |
|---|---|
| 1.1 | “Report of meetings approving voluntary arrangement” |
| 2.5 | “Notice of administration order (for newspaper or London Gazette)” |
| 2.8 | “Notice requiring preparation and submission of administration statement of affairs” |
| 2.11 | “Notice of creditors' meeting in administration proceedings” |
| 2.16 | “Notice to court of resignation by administrator under Rule 2.53(1) of the Insolvency Rules 1986” |
| 2.17 | “Notice to court of resignation by administrator under Rule 2.53(2) of the Insolvency Rules 1986” |
| 4.16 | “Notice requiring preparation and submission of statement of company’s affairs” |
| 4.32 | “Notice to court of resignation of liquidator following meeting of creditors” |
| 6.1 | “Statutory demand under section 268(1)(a) of the Insolvency Act 1986—debt for liquidated sum payable immediately” |
| 6.2 | “Statutory demand under section 268(1)(a) of the Insolvency Act 1986—debt for liquidated sum payable immediately following a judgment or order of the court” |
| 6.3 | “Statutory demand under section 268(2) of the Insolvency Act 1986—debt payable at future date” |
| 7.9 | “Order for production of person arrested under warrant issued under section 134, 236, 364 or 366 of the Insolvency Act 1986” |
| 7.15 | “Affidavit in support of application for committal for contempt of court”. |
- (4) The entry relating to Form 7.16 shall be omitted.
References to forms
156
- (1) There shall be inserted in the margin against the principal rules shown in the left-hand column below the form reference shown on the same line in the right-hand column:—
| Rule | Form |
|---|---|
| 2.10(1) | “[FORM 2.4A]” |
| 2.19(4) | “[FORM 2.22]” |
| 3.1(3) | “[FORM 3.1]” |
| 3.2(3) | “[FORM 3.1A]” |
| 4.25A | “[FORM 4.14A]” |
| 4.171(3-CVL) | “[FORM 4.50]” |
| 5.7(1) | “[FORM 5.2]” |
| 6.30(2) | “[FORM 6.24A]” |
| 6.31(2) | “[FORM 6.24B]” |
| 6.237(1) | “[FORM 6.79A]” |
| 7.22(a) | “[FORM 7.9]” |
- (2) In the margin against Rule 3.3(1) for the reference to Form 3.1 there shall be substituted a reference to Form 3.1B.
New forms
157
The forms contained in Part 4 of this Schedule shall be added to Schedule 4 to the principal Rules as Forms 2.4A, 3.1, 3.1A, 4.14A, 5.1, 5.2, 5.3, 5.4, 6.24A, 6.24B and 6.79A.
Amended forms
158
- (1) The forms contained in Section 1 of Part 5 of this Schedule shall be substituted for the forms identically numbered in Schedule 4 to the principal Rules.
- (2) The form contained in Section 2 of Part 5 of this Schedule shall be substituted for Form 3.1 in Schedule 4 to the principal Rules.
Omitted form
159
Form 7.16 in Schedule 4 to the principal Rules shall be omitted.
PART 3 — AMENDMENT OF SCHEDULE 2
Schedule 2 to the principal Rules shall be replaced by the following:—
SCHEDULE 2
| Debtor’s own county court | Nearest full-time court |
|---|---|
| ABERDARE | CARDIFF |
| ABERYSTWYTH | CARDIFF |
| AYLESBURY | LUTON |
| BANBURY | LUTON or GLOUCESTER or READING |
| BANGOR | BIRKENHEAD or CHESTER |
| BARNSLEY | SHEFFIELD |
| BARNSTAPLE | EXETER |
| BARROW IN FURNESS | BLACKPOOL or PRESTON |
| BATH | BRISTOL |
| BEDFORD | LUTON |
| BLACKBURN | PRESTON |
| BLACKWOOD | CARDIFF |
| BOSTON | NOTTINGHAM |
| BRIDGEND | CARDIFF |
| BRIDGWATER | BRISTOL |
| BURNLEY | BOLTON or PRESTON |
| BURTON ON TRENT | LEICESTER or DERBY or NOTTINGHAM |
| BURY ST. EDMUNDS | CAMBRIDGE |
| CANTERBURY | CROYDON or THE HIGH COURT (LONDON) |
| CARLISLE | PRESTON or BLACKPOOL |
| CARMARTHEN | CARDIFF |
| CHELMSFORD | SOUTHEND or THE HIGH COURT (LONDON) |
| CHELTENHAM | GLOUCESTER |
| CHESTERFIELD | SHEFFIELD |
| COLCHESTER | SOUTHEND or THE HIGH COURT (LONDON) |
| COVENTRY | BIRMINGHAM |
| CREWE | STOKE or CHESTER |
| DARLINGTON | MIDDLESBROUGH |
| DEWSBURY | LEEDS |
| DONCASTER | SHEFFIELD |
| DUDLEY | BIRMINGHAM |
| DURHAM | NEWCASTLE |
| EASTBOURNE | BRIGHTON |
| GREAT GRIMSBY | HULL |
| GREAT YARMOUTH | NORWICH |
| GUILDFORD | CROYDON |
| HALIFAX | LEEDS |
| HARROGATE | LEEDS |
| HASTINGS | BRIGHTON |
| HAVERFORDWEST | CARDIFF |
| HEREFORD | GLOUCESTER |
| HERTFORD | LUTON |
| HUDDERSFIELD | LEEDS |
| IPSWICH | NORWICH or SOUTHEND |
| KENDAL | BLACKPOOL or PRESTON |
| KIDDERMINSTER | BIRMINGHAM |
| KING'S LYNN | NORWICH or CAMBRIDGE |
| LANCASTER | BLACKPOOL or PRESTON |
| LINCOLN | NOTTINGHAM |
| MACCLESFIELD | STOKE or MANCHESTER |
| MAIDSTONE | CROYDON or THE HIGH COURT (LONDON) |
| MEDWAY | CROYDON or THE HIGH COURT (LONDON) |
| MERTHYR TYDFIL | CARDIFF |
| MILTON KEYNES | LUTON |
| NEATH | CARDIFF |
| NEWBURY | READING |
| NEWPORT (GWENT) | CARDIFF |
| NEWPORT (I.O.W.) | SOUTHAMPTON or PORTSMOUTH |
| NORTHAMPTON | LUTON |
| OXFORD | READING |
| PETERBOROUGH | CAMBRIDGE |
| PONTYPRIDD | CARDIFF |
| PORTMADOC | BIRKENHEAD or STOKE or CHESTER |
| RHYL | BIRKENHEAD or CHESTER |
| ROCHDALE | OLDHAM or MANCHESTER |
| SALISBURY | BOURNEMOUTH or SOUTHAMPTON |
| SCARBOROUGH | YORK or HULL or MIDDLESBROUGH |
| SCUNTHORPE | HULL or SHEFFIELD |
| SHREWSBURY | STOKE |
| ST. ALBANS | LUTON |
| STAFFORD | STOKE |
| STOCKTON ON TEES | MIDDLESBROUGH |
| STOCKPORT | MANCHESTER |
| STOURBRIDGE | BIRMINGHAM |
| SUNDERLAND | NEWCASTLE |
| SWANSEA | CARDIFF |
| SWINDON | GLOUCESTER or READING |
| TAMESIDE | MANCHESTER |
| TAUNTON | EXETER or BRISTOL |
| TORQUAY | EXETER |
| TRURO | PLYMOUTH |
| TUNBRIDGE WELLS | CROYDON |
| WAKEFIELD | LEEDS |
| WARRINGTON | CHESTER or LIVERPOOL or MANCHESTER |
| WARWICK | BIRMINGHAM |
| WELSHPOOL | STOKE or CHESTER |
| WEST BROMWICH | BIRMINGHAM |
| WEYMOUTH | BOURNEMOUTH |
| WIGAN | BOLTON or MANCHESTER or PRESTON |
| WINCHESTER | SOUTHAMPTON |
| WORCESTER | GLOUCESTER |
| WORKINGTON | PRESTON or BLACKPOOL |
| WREXHAM | BIRKENHEAD or STOKE or CHESTER |
| YEOVIL | EXETER or BRISTOL |
PART 4 — NEW FORMS
PART 5 — AMENDED FORMS
SECTION 1
SECTION 2 — AMENDED FORM 3.1B
Signed
Mackay of Clashfern, C. — Dated 6th November 1987
I concur,
Francis Maude — Parliamentary Under-Secretary of State, — Department of Trade and Industry — Dated 9th November 1987
Explanatory note
(This note is not part of the Rules)
These Rules make detailed amendments to the Insolvency Rules 1986, which set out detailed procedures for the conduct of all company and individual insolvency proceedings in England and Wales under the Insolvency Act 1986. These Rules apply to all insolvency proceedings to which the Insolvency Rules 1986 apply on and after 11th January, 1988 whether or not those proceedings were commenced before, on or after that date.
Rule 3(3) also applies Rule 4. 223-CVL of the Insolvency Rules 1986 as amended to those insolvency proceedings specified in paragraph 4(1) of Schedule 11 to the Insolvency Act 1986.
Footnotes
[^f00001]: 1986 c. 45.
[^f00002]: S.I. 1986/1925.
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