The Insolvency (Amendment) Rules 2010

(4) In addition to the standard contents, the notice under paragraph (3) must— (a) state that an amendment to the full title of the proceedings has been made; and (b) specify the amendment.

Amendments to Rule 6.51

326

• (1) Rule 6.51 (application for appointment of interim receiver) is amended as follows.

• (2) In paragraph (2), for “an affidavit” substitute “a witness statement”.

• (3) In paragraphs (3) and (4), for “affidavit” wherever it appears substitute “witness statement”.

Amendment to Rule 6.53

327

• (1) Rule 6.53 (deposit) is amended as follows.

• (2) In paragraph (2), after “2” insert “business”.

Amendments to Rule 6.60

328

• (1) Rule 6.60 (verification and filing) is amended as follows.

• (2) In paragraph (2), for “affidavit” substitute “a statement of truth”.

• (3) Omit paragraph (4).

Amendment to Rule 6.61

329

• (1) Rule 6.61 (limited disclosure) is amended as follows.

• (2) In paragraph (1), after “bankruptcy” insert “or might reasonably be expected to lead to violence against any person”.

Amendments to Rule 6.62

330

• (1) Rule 6.62 (release from duty to submit statement of affairs; extension of time) is amended as follows.

• (2) In paragraph (3)—

• (a) for “an ex parte” substitute “a”;

• (b) for “7” substitute “5 business”;

• (c) after “notice” insert “but which is without notice to any other party”.

• (3) In paragraph (5), after “5” insert “business”.

Amendments to Rule 6.65

331

• (1) Rule 6.65 (submission and filing of accounts) is amended as follows.

• (2) In paragraph (1), for “affidavit” substitute “a statement of truth”.

• (3) Omit paragraph (2)

Amendments to Rule 6.66

332

• (1) Rule 6.66 (further disclosure) is amended as follows.

• (2) In paragraph (2), for “affidavit” substitute “a statement of truth”.

• (3) Omit paragraph (3).

Amendments to Rule 6.70

333

• (1) Rule 6.70 (submission and filing of accounts) is amended as follows.

• (2) In paragraph (1), for “affidavit” substitute “a statement of truth”.

• (3) Omit paragraph (2).

Amendments to Rule 6.72

334

• (1) Rule 6.72 (further disclosure) is amended as follows.

• (2) In paragraph (2), for “affidavit” substitute “a statement of truth”.

• (3) Omit paragraph (3).

Amendment to Rule 6.73

335

• (1) Rule 6.73 (general duty of official receiver) is amended as follows.

• (2) Omit paragraph (2).

Amendment to Rule 6.74

336

• (1) Rule 6.74 (those entitled to be informed) is amended as follows.

• (2) Omit from “or” to the end.

Amendment to Rule 6.75

337

• (1) Rule 6.75 (report where statement of affairs lodged) is amended as follows.

• (2) In paragraph (1) omit “and it has been filed in court,”.

New Rules after Rule 6.78

338

After Rule 6.78 insert—

(6.78A) (1) “Progress report” means a report which includes— (a) details of the court where the proceedings are and the relevant court reference number; (b) the bankrupt’s name; (c) the title of the proceedings; (d) full details of the trustee’s name and address and date of appointment, including any changes in office-holder; (e) details of the basis fixed for the remuneration of the trustee under Rule 6.138 (or if not fixed at the date of the report, the steps taken during the period of the report to fix it); (f) if the basis of remuneration has been fixed, a statement of— (i) the remuneration charged by the trustee during the period of the report (subject to paragraph (2)), and (ii) where the report is the first to be made after the basis has been fixed, the remuneration charged by the trustee during the periods covered by the previous reports (subject to paragraph (2)), together with a description of the things done by the trustee during those periods in respect of which the remuneration was charged, irrespective in either case of whether payment was made in respect of that remuneration during that period; (g) a statement of the expenses incurred by the trustee during the period of the report, irrespective of whether payment was made in respect of them during that period; (h) details of progress during the period of the report, including a receipts and payments account in the form of an abstract showing receipts and payments during the period of the report; (j) details of any assets that remain to be realised; (k) a statement of the creditors’ right to request information under Rule 6.78C and their right to challenge the trustee’s remuneration and expenses under Rule 6.142; and (l) any other relevant information for the creditors. (2) Where the basis for the remuneration is a set amount under Rule 6.138(2)(c), it may be shown as that amount without any apportionment to the period of the report. (3) The progress report must, except where paragraph (4) or (5) applies, cover the period of 1 year commencing on the date on which the trustee is appointed and every subsequent period of 1 year. (4) The period to be covered by a progress report ends on the date when a trustee ceases to act, and the period to be covered by each subsequent progress report is each successive period of 1 year beginning immediately after that date (subject to the further application of this paragraph when another trustee ceases to act). (5) A progress report is not required for any period which ends after the trustee has sent a draft report to creditors under Rule 6.78B (final report to creditors). (6) The trustee must send a copy of the progress report to the creditors within 2 months of the end of the period covered by the report. (7) The court may, on the trustee’s application, extend the period of 2 months mentioned in paragraph (6), or make such other order in respect of the content of the report as it thinks just. (8) This Rule does not apply where the trustee is the official receiver. (6.78B) (1) The trustee must, at least 8 weeks before holding a final meeting in accordance with section 331, send to each creditor known to the trustee and to the bankrupt a draft of the report which the trustee intends to lay before the meeting under Rule 6.137. (2) The draft report must— (a) contain such matters and be in such terms as would comply with Rule 6.137 if the report were to be laid before a meeting as soon as reasonably practicable after the draft had been sent to creditors, and (b) be accompanied by a statement of the creditors’ right to request information under Rule 6.78C and their right to challenge the trustee’s remuneration and expenses under Rule 6.142. (3) The trustee may not send a draft report to creditors under this Rule before giving notice— (a) under Rule 11.2 of intention to declare a final dividend, or (b) under Rule 11.7 that no dividend or further dividend will be declared. (4) If any creditor has applied to the court under Rule 6.142 and given a copy of the application to the trustee, the final meeting may not be held until the application (including any appeal) has been disposed of and the trustee has complied with any order of the court. (5) This Rule does not apply where the trustee is the official receiver. (6.78C) (1) If— (a) within the period mentioned in paragraph (2)— (i) a secured creditor, or (ii) an unsecured creditor with the concurrence of at least 5% in value of the unsecured creditors (including the creditor in question), or (b) with the permission of the court upon an application made within the period mentioned in paragraph (2), any unsecured creditor, makes a request in writing to the trustee for further information about remuneration or expenses set out in a progress report under Rule 6.78A(1)(f) or (g) or in a draft report under Rule 6.78B, the trustee must, within 14 days of receipt of the request, comply with paragraph (3) except to the extent that the request is in respect of matter in a draft report under Rule 6.78B or a progress report required by Rule 6.126 which (in either case) was previously included in a progress report not required by Rule 6.126. (2) The period referred to in paragraph (1)(a) is— (a) 7 business days of receipt of the progress report where it is required by Rule 6.126, and (b) 21 days of receipt of the report or draft report in any other case. (3) The trustee complies with this paragraph by either— (a) providing all of the information asked for, or (b) so far as the trustee considers that— (i) the time or cost of preparation of the information would be excessive, or (ii) disclosure of the information would be prejudicial to the conduct of the bankruptcy or might reasonably be expected to lead to violence against any person, or (iii) the trustee is subject to an obligation of confidentiality in respect of the information, giving reasons for not providing all of the information. (4) Any creditor, who need not be the same as the creditor who asked for the information, may apply to the court within 21 days of— (a) the giving by the trustee of reasons for not providing all of the information asked for, or (b) the expiry of the 14 days provided for in paragraph (1), and the court may make such order as it thinks just. (5) Without prejudice to the generality of paragraph (4), the order of the court under that paragraph may extend the period of 8 weeks or, as the case may be, 4 weeks provided for in Rule 6.142(1B) by such further period as the court thinks just. (6) This Rule does not apply where the trustee is the official receiver. (6.78D) (1) Where there has been a distribution of property to creditors under section 326, the trustee must comply with paragraph (2) in respect of any account or report which the trustee is required to prepare pursuant to any of the following— (a) section 331 (final meeting); (b) Rule 6.78A (reports to creditors); (c) Rule 6.78B (final report to creditors); (d) Rule 6.126 (creditors’ meeting to receive trustee’s resignation); (e) Rule 6.137 (final meeting of creditors). (2) The trustee must— (a) in any account or summary of receipts and payments which is required to be included in the account or report, state the estimated value of the property distributed amongst the creditors during the period to which the account or report relates, and (b) as a note to the account or summary of receipts and payments, provide details of the basis of the valuation.

Amendments to Rule 6.79

339

• (1) Rule 6.79 (first meeting of creditors) is amended as follows.

• (2) In paragraph (2), for sub-paragraphs (a) and (b) substitute “to every creditor of the bankrupt who is known to the official receiver”.

• (3) For paragraph (3) substitute—

(3) Notice must be given at least 14 days before the date fixed for the meeting.

• (4) For paragraph (4) substitute—

(4) The notice to creditors must state that proofs and (if applicable) proxies must be lodged at a specified place not later than 12.00 hours on the business day before the date fixed for the meeting in order for creditors to be entitled to vote at the meeting.

• (5) After paragraph (5), insert—

(5A) In addition to the standard contents, the notice under paragraph (5) must state— (a) the purpose for which the meeting is summoned; (b) the venue fixed for the meeting; and (c) the time and date by which, and place at which, creditors must lodge proxies and hitherto unlodged proofs in order to be entitled to vote at the meeting.

Amendments to Rule 6.80

340

• (1) Rule 6.80 (business at first meeting) is amended as follows.

• (2) In paragraph (1)(f), omit “for not more than 3 weeks”.

• (3) For paragraph (2) substitute—

(2A) The meeting may be adjourned, either in accordance with a resolution under paragraph (1)(f) or if the chairman thinks fit, but for not more than 14 days from the date on which it was fixed to commence, subject to any direction of the court. (2B) If there are subsequently further adjournments, the final adjournment must not be to a day later than 14 days after the date on which the meeting was originally held, subject to any direction of the court. (2C) Where a meeting is adjourned under this Rule, proofs and proxies may be used if lodged at any time up to 12.00 hours on the business day immediately before the adjourned meeting.

Amendments to Rule 6.81

341

• (1) Rule 6.81 (general power to call meetings) is amended as follows.

• (2) In paragraph (2)—

• (a) omit “or is identified in the bankrupt’s statement of affairs”, and

• (b) for “21” substitute “14”.

• (3) For paragraph (3) substitute—

(3) The notice must specify the purpose for which the meeting is summoned and state that proofs and (if applicable) proxies must be lodged at a specified place not later than 12.00 hours on the business day before the date fixed for the meeting in order for creditors to be entitled to vote at the meeting.

• (4) In paragraph (4), for the first sentence substitute—

As soon as reasonably practicable after sending notice of the meeting to the creditors under paragraph (2), the convener must give additional notice of the meeting.

• (5) After paragraph (4) insert—

(5) In addition to the standard contents, the notice under paragraph (4) must specify— (a) who summoned the meeting; (b) if the meeting was summoned at the request of a creditor, the fact that it was so summoned and the section of the Act under which it was requested; (c) the purpose for which the meeting is summoned; (d) the venue fixed for the meeting; and (e) the time and date by which, and place at which, creditors must lodge proxies and hitherto unlodged proofs in order to be entitled to vote at the meeting.

Amendments to Rule 6.83

342

• (1) Rule 6.83 (requisitioned meetings) is amended as follows.

• (2) In paragraph (2)—

• (a) in sub-paragraph (a), for “35” substitute “28”;

• (b) in sub-paragraph (b), for “21” substitute “14”.

Amendment to Rule 6.84

343

• (1) Rule 6.84 (attendance at meetings of bankrupt, etc) is amended as follows.

• (2) In paragraph (1), for “21” substitute “14”.

Amendments to Rule 6.85

344

• (1) Rule 6.85 (notice of meetings by advertisement only) is amended as follows.

• (2) In paragraphs (1) and (2), omit “public”.

• (3) At the end add—

(3) In addition to the standard contents, the advertisement must state— (a) the venue fixed for the meeting; (b) that proofs and (if applicable) proxies must be lodged at a specified place not later than 12.00 hours on the business day before the date fixed for the meeting; and (c) the date of the court order.

Amendment to Rule 6.88

345

• (1) Rule 6.88 (resolutions) is amended as follows.

• (2) In paragraph (2)(a), omit all the words after “appointed”.

New Rule after Rule 6.88

346

After Rule 6.88 insert—

(6.88A) (1) The trustee may seek to obtain the passing of a resolution by creditors without holding a meeting by giving notice of the resolution to every creditor who is entitled to be notified of a meeting at which the resolution could be passed. (2) In order to be counted, votes must be received by the trustee in writing by 12.00 hours on the closing date specified in the notice, and must be accompanied by a proof of debt as required by Rule 6.93(1)(a) unless it has already beenlodged underthat Rule. (3) If any vote cast by a creditor is received without a proof of debt, or the trustee decides thatthe creditor is not entitled to vote according to Rules 6.93 to 6.94, then that creditor’s vote must bedisregarded. (4) The closing date shall be set at the discretion of the trustee, but in any event it must not be setless than 14 days from the giving of notice provided for in paragraph (1). (5) For the resolution to be passed, the trustee must receive at least one valid vote by the closing date specified in the notice. (6) If no valid vote is received by the closing date specified, the trustee must call ameeting of creditors at which the resolution could be passed. (7) Creditors whose debts amount to at least 10%of the bankrupt’s total debts may, within 5 business days from the giving of notice provided for in paragraph (1), require the trustee to summon a meeting of creditors to consider the resolution. (8) A reference in these Rules to a resolution passed at a creditors’ meeting includes a reference to a resolution passed under this Rule. (9) This Rule does not apply in respect of any resolution which the Act requires to be passed at a meeting.

Amendments to Rule 6.91

347

• (1) Rule 6.91 (adjournment) is amended as follows.

• (2) In paragraph (3), for “21” substitute “14”.

• (3) For paragraph (4) substitute—

(4A) If within 30 minutes from the time appointed for commencement of a meeting there is no person present to act as chairman, the meeting stands adjourned to the same time and place in the following week or, if that is not a business day, to the business day immediately following. (4B) Paragraph (4A) applies to further adjournments of a final meeting. (4C) In the case of any other meeting, further adjournment must be to the same time and place in the following week or, if either— (a) that is not a business day, or (b) whether or not it is a business day, it is later than 14 days after the date on which the meeting in question was originally held, to the same time and place on the business day immediately preceding which is not later than 14 days after the date on which the meeting in question was originally held.

Amendment to Rule 6.93

348

• (1) Rule 6.93 (entitlement to vote) is amended as follows.

• (2) In paragraph (1), after “Subject as follows” insert “in this Rule and the next”.

New Rule after Rule 6.93

349

After Rule 6.93 insert—

(6.93A) At a creditors’ meeting, the chairman may allow a creditor to vote, notwithstanding that the creditor has failed to comply with Rule 6.93(1)(a), if satisfied that the failure was due to circumstances beyond the creditor’s control.

Amendment to Rule 6.94

350

• (1) Rule 6.94 (admission and rejection of proof) is amended as follows.

• (2) After paragraph (4) insert—

(4A) An application to the court by way of appeal under this Rule against a decision of the chairman must be made not later than 21 days after the date of the meeting.

Amendment to Rule 6.95

351

• (1) Rule 6.95 (record of proceedings) is amended as follows.

• (2) In paragraph (3), for all the words after “resolution passed;” substitute “and if a creditors’ committee has been established, the names and addresses of those elected to be members of the committee.”.

Amendment to Rule 6.96

352

• (1) Rule 6.96 (meaning of “prove”) is amended as follows.

• (2) Omit paragraph (6).

Amendment to Rule 6.98

353

• (1) Rule 6.98 (contents of proof) is amended as follows.

• (2) In paragraph (1)(b), at the end add “, less any deduction under Rule 6.110”.

New Rule after Rule 6.103

354

After Rule 6.103 insert—

(6.103A) (1) If a new trustee is appointed in place of another, the former trustee must as soon as reasonably practicable transmit to the new one all proofs which the former trustee has received, together with an itemised list of them. (2) The new trustee must authenticate the list by way of receipt for the proofs, and return it to the former trustee. (3) From then on, all proofs of debt must be sent to and retained by the new trustee.

Amendment to Rule 6.117

355

• (1) Rule 6.117 (redemption by trustee) is amended as follows.

• (2) In paragraph (4), for “6 months” substitute “3 months”.

Amendment to Rule 6.120

356

• (1) Rule 6.120 (appointment by creditors’ meeting) is amended as follows,

• (2) In paragraph (5) omit “and file a copy of it in court”.

New Rule after Rule 6.120

357

After Rule 6.120 insert—

(6.120A) The official receiver may not be appointed as trustee by resolution of a creditors’ meeting.

Amendments to Rule 6.122

358

• (1) Rule 6.122 (appointment by secretary of State) is amended as follows.

• (2) In paragraph (2)—

• (a) for “two copies” substitute “a copy”;

• (b) for “one such copy” substitute “it”; and

• (c) omit “, and file the other copy in court”.

Amendment to Rule 6.123

359

• (1) Rule 6.123 is amended as follows.

• (2) For “the 3 preceding Rules” substitute “Rules 6.120, 6.121 and 6.122”.

Amendment to Rule 6.124

360

• (1) Rule 6.124 (advertisement of appointment) is amended as follows.

• (2) After paragraph (1) insert—

(1A) In addition to the standard contents, the notice under paragraph (1) must state— (a) that a trustee has been appointed by a creditors’ meeting; and (b) the date of the appointment.

Amendments to Rule 6.126

361

• (1) Rule 6.126 (creditors’ meeting to receive trustee’s resignation) is amended as follows.

• (2) In paragraph (1)—

• (a) omit the second sentence; and

• (b) insert—

(1A) The trustee must give at least 28 days’ notice of the meeting. (1B) The notice summoning the meeting must— (a) indicate that the purpose or one of the purposes of the meeting is to receive the trustee’s resignation; and (b) draw the attention of the creditors to Rule 6.142. (1C) Notice of the meeting must be sent to the official receiver and to the bankrupt at the same time as it is sent to creditors.

• (3) For paragraph (2) subsitute—

(2) The notice to creditors and the bankrupt must be accompanied by an account of the trustee’s administration of the bankrupt’s estate, including— (a) a statement that the trustee has reconciled the account with that held by the Secretary of State in respect of the bankruptcy; and (b) a progress report for the period— (i) commencing with the later of the date of— (aa) the appointment of the trustee; and (bb) the day immediately following the end of the period of the last progress report; and (ii) ending with the date of the meeting.

• (4) In paragraph (5), at the beginning insert “Except where Rule 6.126A applies,”.

New Rule after Rule 6.126

362

After Rule 6.126 insert—

(6.126A) (1) This Rule applies where at the date of a meeting summoned for the purpose of receiving the trustee’s resignation, an application made to the court under Rule 6.142 (including any appeal) has not been disposed of. (2) At the meeting no resolution may be put regarding the trustee’s release. (3) If at the meeting the trustee’s resignation is accepted the meeting must be adjourned (notwithstanding anything in Rule 6.90 (suspension of meeting)) to a day not less than 14 days after the day on which the application under Rule 6.142 (including any appeal) has been disposed of. (4) The trustee must give at least 14 days’ notice of the meeting adjourned in accordance with paragraph (3) to the creditors. (5) At the meeting adjourned in accordance with paragraph (3)— (a) a revised version of the account which accompanied the notice of the meeting must be laid showing any changes required as a result, or arising out of the application under Rule 6.142; and (b) a resolution for the release of the trustee whose resignation has been accepted must be put. (6) If there is no quorum present at the adjourned meeting, the meeting is deemed to have been held and the creditors are deemed to have resolved that the trustee be released. (7) Where the creditors have resolved at the adjourned meeting that the trustee be released (or are deemed to have so resolved by virtue of paragraph (5))— (a) the chairman of the meeting (or the person who, had there been a quorum present would have been chairman of the meeting) must send as soon as reasonably practicable a certificate to that effect to the official receiver with a copy of the revised account; and (b) the official receiver must file a copy of the certificate in court. (8) If at the meeting the trustee’s resignation is not accepted, the trustee must not summon any further meeting under Rule 6.126 until the application under Rule 6.142 (including any appeal) has been disposed of. (9) Paragraph (7) is subject to the powers of the court on an application being made to it by the trustee under Rule 6.128 (permission to resign granted by the court). (10) Rule 6.126 applies to any such further meeting with the modification that the account required to accompany the notice of the meeting must show any changes from the account which accompanied the notice of the earlier meeting called to receive the trustee’s resignation, and in particular any changes required as a result of the application under Rule 6.142 and any further remuneration charged or expenses incurred. (11) The creditors’ rights under Rules 6.78C and 6.142 do not apply in respect of any matter included in that account which— (a) was included in the account which accompanied the notice of the earlier meeting called to receive the trustee’s resignation; or (b) was the subject of the order of the court on the application made to it by the trustee under Rule 6.142.

Amendments to Rule 6.127

363

• (1) Rule 6.127 (action following acceptance of resignation) is amended as follows.

• (2) Omit paragraphs (1) and (2).

• (3) In paragraph (3)—

• (a) for “meeting” where it appears first substitute “creditors’ meeting summoned for the purpose of receiving the trustee’s resignation”; and

• (b) for “days” substitute “business days of the date of the resolution”.

• (4) In paragraph (5), for “meeting” substitute “resolution has been passed”.

Amendment to Rule 6.129

364

• (1) Rule 6.129 (meeting of creditors to remove trustee) is amended as follows.

• (2) In paragraph (4), after “3” insert “business”.

Amendments to Rule 6.132

365

• (1) Rule 6.132 (removal of trustee by the court) is amended as follows.

• (2) In the first sentence of paragraph (2)—

• (a) for “an ex parte” substitute “a”;

• (b) for “7” substitute “5 business ”;

• (c) at the end add, “but which is without notice to any other party”.

Amendments to Rule 6.135

366

• (1) Rule 6.135 (release of resigning or removed trustee) is amended as follows.

• (2) In paragraph (1), at the beginning insert “Subject to paragraph (1A), ”.

• (3) After paragraph (1) insert—

(1A) Where the trustee’s resignation is accepted under Rule 6.126A, the trustee’s release is effective as from the date on which the official receiver files the copy of the certificate under paragraph (7) of that Rule in court, that date to be endorsed on the copy certificate.

Amendments to Rule 6.137

367

• (1) Rule 6.137 (final meeting of creditors) is amended as follows.

• (2) After paragraph (1) insert—

(1A) The trustee— (a) as soon as reasonably practicable after giving notice under paragraph (1) must have gazetted a notice of the final meeting; and (b) may advertise notice of the meeting in such other manner as the trustee thinks fit. (1B) In addition to the standard contents, the notice under paragraph (1A) must state— (a) that the trustee has summoned the meeting; (b) if the meeting was summoned at the request of a creditor, the fact that it was so summoned and the section of the Act under which it was summoned; (c) the purpose for which the meeting was summoned; (d) the venue fixed for the meeting; and (e) the time and date by which, and place at which, creditors must lodge proxies and hitherto unlodged proofs in order to be entitled to vote at the meeting. (1C) The final meeting must not be held unless Rule 6.78B has been complied with; and if for that reason the meeting is not held— (a) the trustee must give notice of that fact as soon as reasonably practicable to all to whom notice of the meeting was given, and (b) fresh notice of the meeting complying with this Rule must be given when Rule 6.78B has been complied with.

• (3) In paragraph (2), at the end of sub-paragraph (a), for “and” substitute—

including details of remuneration charged and expenses incurred by the trustee, (ab) details of the basis fixed for the trustee’s remuneration, and

• (4) After paragraph (2) insert—

(2A) Where the trustee has sent a progress report to creditors in accordance with Rule 6.78A, the report to be laid at the final meeting of creditors must also— (a) contain a receipts and payments account in the form of an abstract showing the receipts and payments during the period since the last progress report, and (b) include— (i) details of the remuneration charged and expenses incurred by the trustee during that period, and (ii) a description of the things done by the trustee during that period in respect of which that remuneration was charged and those expenses incurred. (2B) In any case where the basis of the trustee’s remuneration had not been fixed by the date to which the last progress report was made up, the receipts and payments account required by paragraph (2A)(a) must also include details of the remuneration charged in the period of any preceding progress report in which details of remuneration were not included. (2C) Where the basis of remuneration has been fixed as a set amount only, it is sufficient compliance with paragraph (2A)(b) for the trustee to state the amount which has been set and to supply details of the expenses charged within the period in question.

Amendments to Rule 6.138

368

• (1) Rule 6.138 (fixing of remuneration) is amended as follows.

• (2) In paragraph (2)—

• (a) for “The remuneration” substitute “The basis of remuneration”;

• (b) omit “either”;

• (c) at the end add—

, or (c) as a set amount.

• (3) For paragraph (3) substitute—

(3A) The basis of remuneration may be fixed as any one or more of the bases set out in paragraph (2), and different bases may be fixed in respect of different things done by the trustee. (3B) Where remuneration is fixed as set out in paragraph (2)(a), different percentages may be fixed in respect of different things done by the trustee. (3C) Where the trustee is other than the official receiver, it is for the creditors’ committee (if there is one) to determine— (a) which of the bases set out in paragraph (2) are to be fixed and (where appropriate) in what combination under paragraph (3A), and (b) the percentage or percentages (if any) to be fixed under paragraphs (2)(a) and (3B) and the amount (if any) to be set under paragraph (2)(c).

• (4) In paragraph (5)—

• (a) after “determination,” insert “the basis of”;

• (b) for “paragraph (2)” substitute “paragraphs (2), (3A) and (3B)”.

• (5) In paragraph (6)—

• (a) after “official receiver and” insert “the basis of”;

• (b) after “as above” insert “within 18 months after the date of the trustee’s appointment”.

Substitution of Rule 6.140

369

For Rule 6.140 (recourse of trustee to meeting of creditors) substitute—

(6.140A) If the basis of the trustee’s remuneration has been fixed by the creditors’ committee and the trustee considers the rate or amount to be insufficient or the basis to be inappropriate, the trustee may request that the rate or amount be increased or the basis changed by resolution of the creditors.

Amendment to Rule 6.141

370

• (1) Rule 6.141 (recourse to the court) is amended as follows.

• (2) For paragraph (1) substitute—

(1) If the trustee considers that the basis of remuneration fixed by the creditors’ committee, or by resolution of the creditors, or as under Rule 6.138(6), is insufficient or inappropriate, the trustee may apply to the court for an order changing it or increasing its amount or rate.

Amendments to Rule 6.142

371

• (1) Rule 6.142 (creditors’ claim that remuneration is excessive) is amended as follows.

• (2) In the heading, after “is” insert “or other expenses are”.

• (3) For paragraph (1) substitute—

(1) Any secured creditor, or any unsecured creditor with either the concurrence of at least 10% in value of the creditors (including that creditor) or the permission of the court, or the bankrupt may apply to the court for one or more of the orders in paragraph (4). (1A) Application by a creditor may be made on the grounds that— (a) the remuneration charged by the trustee, (b) the basis fixed for the trustee’s remuneration under Rule 6.138, or (c) expenses incurred by the trustee, is or are, in all the circumstances, excessive or, in the case of an application under sub-paragraph (b), inappropriate. (1B) Application by a creditor must, subject to any order of the court under Rule 6.78C(5), be made no later than 8 weeks (or in a case falling within Rule 6.126, 4 weeks) after receipt by the applicant of the progress report, or the draft report under Rule 6.78B, which first reports the charging of the remuneration or the incurring of the expenses in question (“the relevant report”). (1C) Application by the bankrupt may be made only on one or both of the grounds in paragraph (1A)(a) and (c) and no later than— (a) 8 weeks after receipt by the bankrupt of the draft report under Rule 6.78B, or (b) in a case falling within Rule 6.126, 4 weeks after receipt by the bankrupt of notice under Rule 6.126(1C).

• (4) For paragraph (2) substitute—

(2) When the application is made by a creditor, the court may dismiss it if it thinks that no sufficient cause is shown; but it must not do so unless the applicant has had an opportunity to attend the court for a hearing of which the applicant has been given at least 5 business days’ notice but which is without notice to any other party. (2A) Application may be made by the bankrupt only with the permission of the court; and without prejudice to the generality of the matters which the court may take into account, permission must not be given unless the bankrupt shows that there is (or would be but for the remuneration or expenses in question), or that it is likely that there will be (or would be but for the remuneration or expenses in question), a surplus of assets to which the bankrupt would be entitled. (2B) If, as the case may be, the application is not dismissed under paragraph (2) or the bankrupt is given permission under paragraph (2A), the court must fix a venue for the application to be heard.

• (5) For paragraph (4) substitute—

(4) If the court considers the application to be well-founded, it must make one or more of the following orders— (a) an order reducing the amount of remuneration which the trustee was entitled to charge; (b) an order fixing the basis of remuneration at a reduced rate or amount; (c) an order changing the basis of remuneration; (d) an order that some or all of the remuneration or expenses in question be treated as not being bankruptcy expenses; (e) an order that the trustee or the trustee’s personal representative pay to such person as the court may specify as property comprised in the bankrupt’s estate the amount of the excess of remuneration or expenses or such part of the excess as the court may specify; and may make any other order that it thinks just; but an order under sub-paragraph (b) or (c) may be made only in respect of periods after the period covered by the relevant report.

New Rules after Rule 6.142

372

After Rule 6.142 insert—

(6.142A) (1) Where, after the basis of the trustee’s remuneration has been fixed, there is a material and substantial change in the circumstances which were taken into account in fixing it, the trustee may request that it be changed. (2) The request must be made— (a) where the creditors’ committee fixed the basis, to the committee; (b) where the creditors fixed the basis, to the creditors; (c) where the court fixed the basis, by application to the court; (d) where the remuneration was fixed by application of the realisation scale under Rule 6.138A, to the creditors’ committee if there is one or otherwise to the creditors; and Rules 6.138 to 6.142 apply as appropriate. (3) Any change in the basis for remuneration applies from the date of the request under paragraph (2) and not for any earlier period. (4) This Rule does not apply where the trustee is the official receiver. (6.142B) (1) If a new trustee is appointed in place of another, any determination, resolution or court order in effect under the preceding provisions of this Section of this Chapter immediately before the former trustee ceased to hold office continues to apply in respect of the remuneration of the new trustee until a further determination, resolution or court order is made in accordance with those provisions. (2) This Rule does not apply where the new trustee is the official receiver. (6.142C) (1) In a case in which the basis of the trustee’s remuneration is a set amount under Rule 6.138(2)(c) and the trustee (“the former trustee”) ceases (for whatever reason) to hold office before the time has elapsed or the work has been completed in respect of which the amount was set, application may be made for determination of what portion of the amount should be paid to the former trustee or the former trustee’s personal representative in respect of the time which has actually elapsed or the work which has actually been done. (2) Application may be made— (a) by the former trustee or the former trustee’s personal representative within the period of 28 days beginning with the date upon which the former trustee ceased to hold office, or (b) by the trustee for the time being in office if the former trustee or the former trustee’s personal representative has not applied by the end of that period. (3) Application must be made— (a) where the creditors’ committee fixed the basis, to the committee; (b) where the creditors fixed the basis, to the creditors for a resolution determining the portion; (c) where the court fixed the basis, to the court for an order determining the portion. (4) The applicant must give a copy of the application to the trustee for the time being in office or to the former trustee or the former trustee’s personal representative, as the case may be (“the recipient”). (5) The recipient may within 21 days of receipt of the copy of the applicationgive notice of intenttomake representations to the creditors’ committee or the creditors or to appear or be represented before the court, as the case may be. (6) No determination may be made upon the application until expiry of the 21 days referred to in paragraph (5) or,if the recipient does give notice of intent in accordance with that paragraph, until the recipient has been afforded the opportunity to make representations or to appear or be represented, as the case may be. (7) If the former trustee or the former trustee’s personal representative (whether or not the original applicant) considers that the portion determined upon application to the creditors’ committee or the creditors is insufficient, that person may apply— (a) in the case of a determination by the creditors’ committee, to the creditors for a resolution increasing the portion; (b) in the case of a resolution of the creditors (whether under paragraph (1) or under sub-paragraph (a)), to the court for an order increasing the portion, and paragraphs (4) to (6)apply as appropriate.

Amendment to Rule 6.143

373

• (1) Rule 6.143 (trustee deceased) is amended as follows.

• (2) In paragraph (2), after “partner in” insert “or an employee of”.

Amendment to Rule 6.150

374

• (1) Rule 6.150 (membership of creditors’ committee) is amended as follows.

• (2) For paragraph (2), substitute—

(2) A person claiming to be a creditor is entitled to be a member of the committee provided that— (a) that person has lodged a proof of debt; (b) the proof mentioned in sub-paragraph (a) has neither been wholly disallowed for voting purposes, nor wholly rejected for the purpose of distribution or dividend; and (c) the debt mentioned in sub-paragraph (a) is not fully secured.

Amendments to Rule 6.151

375

• (1) Rule 6.151 (formalities of establishment) is amended as follows.

• (2) In paragraph (3), after “proxy” insert “or authorisation”.

• (3) In paragraph (3A)—

• (a) for “issue before at least 3 persons” substitute “be issued before the minimum number of members set out in Rule 6.150”; and

• (b) at the end add “and must be issued as soon as reasonably practicable thereafter”.

• (4) In paragraph (5), after “trustee” add “as soon as reasonably practicable”.

• (5) For paragraph (6), substitute—

(6) If after the first establishment of the committee there is any change in its membership, as soon as reasonably practicable the trustee must file with the court notice of the change.

Amendments to Rule 6.153

376

• (1) Rule 6.153 (meetings of the committee) is amended as follows.

• (2) In paragraph (2)—

• (a) for “3 months of his appointment or” substitute “6 weeks”; and

• (b) omit “(whichever is the later)”.

• (3) In paragraph (3)—

• (a) at the beginning insert, “Subject to paragraph (4),”;

• (b) for “7” substitute “5 business”.

• (4) After paragraph (3), add—

(4) Where the trustee has determined that a meeting should be conducted and held in the manner referred to in Rule 12A.26(2), the notice period mentioned in paragraph (3) is 7 business days. (5) In addition to any functions conferred on a committee by any provision of the Act, a committee must assist the trustee in discharging the trustee’s functions and act in relation to that trustee in such manner as may from time to time be agreed.

Amendment to Rule 6.154

377

• (1) Rule 6.154 (the chairman at meetings) is amended as follows.

• (2) In paragraph (2), for “nominated” substitute “appointed”.

Amendments to Rule 6.156

378

• (1) Rule 6.156 (committee-members’ representatives) is amended as follows.

• (2) For paragraph (4), substitute—

(4) No member may be represented by— (a) another member of the committee; (b) a person who is at the same time representing another committee member; (c) a body corporate; (d) an undischarged bankrupt; (e) a disqualified director; or (f) a person who is subject to a bankruptcy restrictions order (including an interim order), a bankruptcy restrictions undertaking, a debt relief restrictions order (including an interim order) or a debt relief restrictions undertaking.

• (3) Omit paragraph (5).

Amendment to Rule 6.158

379

• (1) Rule 6.158 (termination of membership) is amended as follows.

• (2) For paragraph (1)(c), substitute—

(c) ceases to be a creditor and a period of 3 months has elapsed from the date that that member ceased to be a creditor or is found never to have been a creditor.

Amendment to Rule 6.160

380

• (1) Rule 6.160 (vacancies) is amended as follows.

• (2) In paragraph (2), for “the minimum required under Rule 6.150(1)” substitute “3”.

Amendment to Rule 6.162

381

• (1) Rule 6.162 (resolutions by post) is amended as follows.

• (2) In the heading, for “by post” substitute “otherwise than at a meeting”.

Amendments to Rule 6.172

382

• (1) Rule 6.172 (order for public examination) is amended as follows.

• (2) In paragraph (3)(c), omit “or is identified in the bankrupt’s statement of affairs”.

• (3) After paragraph (5) add—

(5A) In addition to the standard contents, notices under paragraphs (4) and (5) must state— (a) the purpose of the hearing; and (b) the venue fixed for the hearing.

Amendment to Rule 6.173

383

• (1) Rule 6.173 (order on request by creditors) is amended as follows.

• (2) In paragraph (5), for “ex parte” substitute “without notice to any other party”.

Amendments to Rule 6.174

384

• (1) Rule 6.174 (bankrupt unfit for examination) is amended as follows.

• (2) In paragraph (1), for “application in that behalf” substitute “an application being made to it under this Rule”.

• (3) In paragraph (3)—

• (a) in sub-paragraph (a), for “the affidavit” substitute “a witness statement”;

• (b) in sub-paragraph (b), for “7” substitute “5 business”.

• (4) In paragraph (4), for “ex parte” substitute “without notice to any other party”.

Amendment to Rule 6.175

385

• (1) Rule 6.175 (procedure at hearing) is amended as follows.

• (2) In paragraph (4), for “affidavit” substitute “a statement of truth”.

Amendment to Rule 6.176

386

• (1) Rule 6.176 (adjournment) is amended as follows.

• (2) In paragraph (4), omit “generally”.

Amendments to Rule 6.178

387

• (1) Rule 6.178 (trustee’s notice of disclaimer) is amended as follows.

• (2) For paragraph (2), substitute—

(2) The notice of disclaimer must be authenticated and dated by the trustee.

• (3) For paragraph (3), substitute—

(3) As soon as reasonably practicable after authenticating the notice of disclaimer, the trustee must— (a) file a copy of the notice with the court; and (b) in any case where the disclaimer is of registered land as defined in section 132(1) of the Land Registration Act 2002, send a copy of the notice to the Chief Land Registrar.

• (4) In paragraph (4), for “which is endorsed on it, and on the copy, in accordance with this Rule” substitute “on which the trustee authenticates it”.

Amendment to Rule 6.179

388

• (1) Rule 6.179 (communication of disclaimer to persons interested) is amended as follows.

• (2) For paragraph (1), substitute—

(1) Within 7 business days after the date of the notice of disclaimer, the trustee shall send or give copies of the notice to the persons mentioned in paragraphs (2) to (5).

Amendments to 6.180

389

• (1) Rule 6.180 (additional notices) is amended as follows.

• (2) For “give” substitute “send or give copies of the”.

• (3) For “it” substitute “the disclaimer”.

Substitution of Rule 6.181

390

For Rule 6.181 (duty to keep court informed) substitute—

(6.181A) The trustee must include in that trustee’s records of the insolvency a record of— (a) the persons to whom that trustee has sent or given copies of the notice of disclaimer under the two preceding Rules, showing their names and addresses, and the nature of their respective interests; (b) the dates on which the copies of the notice of disclaimer were sent or given to those persons; (c) the date on which, as required by Rule 6.178(3)(a), a copy of the notice of disclaimer was filed with the court; and (d) (where applicable) the date on which, as required by Rule 6.178(3)(b), a copy of the notice was sent to the Chief Land Registrar.

Amendments to Rule 6.182

391

• (1) Rule 6.182 (application for leave to disclaim) is amended as follows.

• (2) In paragraph (1), for “ex parte” substitute “without notice to any other party”.

• (3) In paragraph (3)—

• (a) for “person’s consent” substitute “person has consented”; and

• (b) omit “has been signified”.

Amendments to Rule 6.183

392

• (1) Rule 6.183 (application to interested party under s 316) is amended as follows.

• (2) For paragraph (1), substitute—

(1) The following applies where, in the case of any property, application is made to the trustee by an interested party under section 316.

• (3) For paragraph (2), substitute—

(2) The application must be delivered to the trustee— (a) personally; (b) by electronic means in accordance with Part 12A; or (c) by any other means of delivery which enables proof of receipt of the application by the trustee to be provided, if requested.

Amendments to Rule 6.186

393

• (1) Rule 6.186 (application for exercise of court’s powers under s 320) is amended as follows.

• (2) In paragraph (3), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (4)—

• (a) for “7” substitute “5 business”;

• (b) for “affidavit under” substitute “witness statement required by”.

Amendment to Rule 6.189

394

• (1) Rule 6.189 (application for order) is amended as follows.

• (2) In paragraph (3)(a), for “7” substitute “5 business”.

Amendment to Rule 6.191

395

• (1) Rule 6.191 (variation of order) is amended as follows.

• (2) In paragraph (2), for “ex parte” substitute “without notice to any other party”.

Amendment to Rule 6.192

396

• (1) Rule 6.192 (order to payor of income – administration) is amended as follows.

• (2) In paragraph (1), for “immediate compliance with the order” substitute “compliance with the order as soon as reasonably practicable”.

Amendments to Rule 6.193

397

• (1) Rule 6.193 (review of order) is amended as follows.

• (2) In the first sentence of paragraph (4)—

• (a) for “an ex parte” substitute “a”;

• (b) for “7” substitute “5 business ”;

• (c) at the end add, “but which is without notice to any other party”.

• (3) In paragraph (6), for “7” substitute “5 business”.

Amendments to Rule 6.194

398

• (1) Rule 6.194 (application for order) is amended as follows.

• (2) In paragraph (1), for “inland revenue”, substitute “HM Revenue and Customs”.

• (3) In paragraph (3), for “of Inland Revenue” substitute “for HM Revenue and Customs”.

• (4) In paragraphs (4) and (6), for “7” substitute “5 business”.

Amendment to Rule 6.195

399

• (1) Rule 6.195 (making and service of the order) is amended as follows.

• (2) In paragraph (2)(a), for “inland revenue”, substitute “HM Revenue and Customs”.

Amendment to Rule 6.200

400

• (1) Rule 6.200 (duties of bankrupt in respect of after-acquired property) is amended as follows.

• (2) In paragraph (5), for “not less often than 6-monthly” substitute “when required by the trustee”.

Amendments to Rule 6.203

401

• (1) Rule 6.203 (application for leave) is amended as follows.

• (2) In paragraph (1), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (2)—

• (a) for “affidavit” substitute “witness statement”;

• (b) in sub-paragraph (b), at the beginning insert “in the case of a company which has not yet been incorporated,”.

• (4) Omit paragraphs (3) and (4).

Amendments to Rule 6.204

402

• (1) Rule 6.204 (report of official receiver) is amended as follows.

• (2) In paragraph (1), for “affidavit” substitute “witness statement”.

• (3) In paragraph (3), for “7” substitute “5 business”.

Amendments to Rule 6.206

403

• (1) Rule 6.206 (application for annulment) is amended as follows.

• (2) In paragraph (2)—

• (a) for “an affidavit” substitute “a witness statement”; and

• (b) for “the affidavit” substitute “the witness statement”.

• (3) In paragraph (3), for “supporting affidavit shall be filed in court” substitute “the witness statement in support must be filed with the court”.

• (4) In paragraph (4), for “affidavit” substitute “witness statement”.

• (5) In paragraph (6), for “affidavits” substitute “evidence”.

Amendments to Rule 6.207

404

• (1) Rule 6.207 (report by trustee) is amended as follows.

• (2) After paragraph (2) insert—

(2A) Where the trustee is other than the official receiver, the report under paragraph (2) must also include a statement of— (a) the trustee’s remuneration; (b) the basis fixed for the trustee’s remuneration under Rule 6.138; (c) the expenses incurred by the trustee.

• (3) In paragraph (4)—

• (a) for “at least 14 days before the date fixed for the hearing” substitute “at the same time that it is filed in court”;

• (b) for “affidavits” wherever it appears substitute “witness statements”.

• (4) In paragraph (5), for “7” substitute “5 business”.

New Rule after Rule 6.207

405

After Rule 6.207 insert-

(6.207A) (1) Where the trustee is other than the official receiver and application for annulment is made under section 282(1)(b), the applicant may also apply to the court for one or more of the orders in paragraph (4) on the ground that the remuneration charged or expenses incurred by the trustee is or are, in all the circumstances, excessive. (2) Application under paragraph (1) must be made no later than 5 business days before the date fixed for the hearing of the application for annulment and be accompanied by a copy of any evidence which the applicant intends to adduce in support. (3) The applicant under paragraph (1) must send a copy of the application and of any evidence accompanying it to the trustee at the same time that the application is made. (4) If the court annuls the bankruptcy order under section 282(1)(b) and considers the application under paragraph (1) to be well-founded, it must also make one or more of the following orders— (a) an order reducing the amount of remuneration which the trustee was entitled to charge; (b) an order that some or all of the remuneration or expenses in question be treated as not being bankruptcy expenses; (c) an order that the trustee or the trustee’s personal representative pay to the applicant the amount of the excess of remuneration or expenses or such part of the excess as the court may specify; and may make any other order that it thinks just.

Amendment to Rule 6.208

406

• (1) Rule 6.208 (power of court to stay proceedings) is amended as follows.

• (2) In paragraph (2), for “ex parte” substitute “without notice to any other party”.

Amendment to Rule 6.210

407

• (1) Rule 6.210 is amended as follows.

• (2) In paragraph (3), after “application” insert “or on an application under Rule 6.207A”.

Amendments to Rule 6.211

408

• (1) Rule 6.211 (matters to be proved under s 282(1)(b)) is amended as follows.

• (2) In paragraph (1), after “which” insert “(a)” and after “court” add “; and (b) may be taken into account by the court on hearing such an application.”

• (3) In paragraph (2), after “been” where it appears second insert “(a)”, and after “paid in full” add “, or (b) secured in full to the satisfaction of the court.”

• (4) After paragraph (4) add—

(5) In determining whether to annul a bankruptcy order under section 282(1)(b), the court may, if it thinks just and without prejudice to the generality of its discretion under section 282(1), take into account whether any sums have been paid or payment of any sums has been secured in respect of post-commencement interest on the bankruptcy debts which have been proved. (6) For the purposes of paragraphs (2) and (5), security includes an undertaking given by a solicitor and accepted by the court. (7) For the purposes of paragraph (5), “post-commencement interest” means interest on the bankruptcy debts at the rate specified in section 328(5) in respect of periods during which those debts have been outstanding since the commencement of the bankruptcy.

Amendment to Rule 6.213

409

• (1) Rule 6.213 (other matters arising on annulment) is amended as follows.

• (2) After paragraph (3) insert—

(3A) In addition to the standard contents, the notice under paragraph (3) must state— (a) the name of the former bankrupt; (b) the date on which the bankruptcy order was made; (c) that the bankruptcy order against the former bankrupt has been annulled under section 282(1); and (d) the date of the annulment.

Amendment to Rule 6.215

410

• (1) Rule 6.215 (application for suspension of discharge) is amended as follows.

• (2) In paragraph (6), for “7” substitute “5 business”.

• (3) In paragraph (7), after “4” insert “business”.

Amendment to Rule 6.216

411

• (1) Rule 6.216 (lifting of suspension of discharge) is amended as follows.

• (2) In paragraph (6)—

• (a) for “7” substitute “5 business”;

• (b) after “4” insert “business”.

Amendment to Rule 6.218

412

• (1) Rule 6.218 (report of official receiver) is amended as follows.

• (2) In paragraph (3), for “7” substitute “5 business”.

Amendments to Rule 6.220

413

• (1) Rule 6.220 (certificate of discharge) is amended as follows.

• (2) In paragraph (2), after “require” insert “within 28 days of the order”.

• (3) After paragraph (2) insert—

(2A) In addition to the standard contents, a notice under paragraph (2) must state— (a) the name of the former bankrupt; (b) the date of the bankruptcy order; (c) that a certificate of discharge has been issued; (d) the date of the certificate; and (e) the date from which the discharge is effective.

• (4) In paragraph (3), omit the second sentence.

Amendement to Rule 6.229

414

• (1) Rule 6.229 (presentation of petition) is amended as follows.

• (2) In paragraph (1) for “Rule 6.9” substitute “Rule 6.9A”.

Amendment to Rule 6.232

415

• (1) Rule 6.232 is amended as follows.

• (2) In paragraph (4), omit “or is identified in the bankrupt’s statement of affairs”.

Amendment to Rule 6.235A

416

• (1) Rule 6.235A (application for redirection order) is amended as follows.

• (2) In paragraph (3), for “an affidavit” substitute “a witness statement”.

New Rule after Rule 6.235A

417

After Rule 6.235A insert—

(6.235B) (1) The provisions of this Rule apply in any case where disclosure or continuing disclosure to other persons (whether to the public generally or to specific persons) of the current address or whereabouts of a debtor might reasonably be expected to lead to violence against the debtor or against a person who normally resides with the debtor as a member of the debtor’s family. (2) For the purposes of this Rule— - “current address” means, in relation to any debtor, the address of the debtor’s current place of residence and any address at which the debtor currently carries on business; and - “debtor” means a person who is subject to a bankruptcy order, a bankruptcy restrictions order or a bankruptcy restrictions undertaking. (3) The court may, on the application of the debtor, the official receiver, the trustee or the Secretary of State, order that— (a) details of the debtor’s current address be removed from any part of the court file of the proceedings in relation to the debtor which is open to inspection and be kept on a separate file not open to inspection; (b) the details in respect of the debtor to be entered in the bankruptcy order must not include details of the debtor’s current address; (c) the full title of the proceedings must be amended by the removal of the details of the debtor’s current address from the description of the debtor; (d) the details of the debtor to be included in any notice gazetted or otherwise advertised must not include details of the debtor’s current address; (e) the details in respect of the debtor to be entered onto the individual insolvency register under Rule 6A.4 or the bankruptcy restrictions register under Rule 6A.6 must not include details of the debtor’s current address; or (f) the details of the debtor’s current address kept on the individual insolvency register or the bankruptcy restrictions register must be removed from such register. (4) Where the court makes an order under paragraph (3)(b) to (f), it may further order that— (a) the description of the debtor to be inserted in the bankruptcy order, (b) the full title of the proceedings, (c) the details of the debtor required to be included in any notice to be gazetted or otherwise advertised, or (d) the details in respect of the debtor kept or to be entered on to the registers referred to in paragraph (3)(d) and (e), as the case may be, must instead include such other details of the debtor’s addresses or whereabouts as the court thinks just, including details of any address at which the debtor has previously resided or carried on business. (5) Where the court makes an order under paragraph (3)(c)— (a) the official receiver must as soon as reasonably practicable send notice of it to the Chief Land Registrar, for corresponding amendment of the register; and (b) if official receiver thinks fit, the official receiver may cause notice of the order to be— (i) gazetted, or (ii) both gazetted and given in such other manner as the official receiver thinks fit. (6) Any notice of the amendment of the title of the proceedings to be published in accordance with paragraph (5) must contain— (a) the standard contents with the exception of the current address of the debtor, (b) the amended title of the proceedings, and (c) the date of the bankruptcy order, but must not include the description under which the proceedings were previously published. (7) In any case where an application is made in respect of a debtor under or by virtue of this Rule, the application must be accompanied by a witness statement referring to this Rule and containing sufficient evidence to satisfy the court that paragraph (1) of this Rule applies to or in respect of that debtor.

Amendment to Rule 6.237A

418

• (1) Rule 6.237A (application in respect of the vesting of an interest in a dwelling-house) is amended as follows.

• (2) In paragraph (2), for “7” substitute “5 business”.

Amendment to Rule 6.238

419

• (1) Rule 6.238 (interpretation of creditor and notice to member State liquidator) is amended as follows.

• (2) In paragraph (3), omit “, 6.99 (claim established by affidavit)”.

Amendments to Rule 6.241

420

• (1) Rule 6.241 (application for bankruptcy restrictions order) is amended as follows.

• (2) In paragraph (3), for “affidavit” substitute “a witness statement”.

• (3) Omit paragraph (5).

Amendment to Rule 6.243

421

• (1) Rule 6.243 (the bankrupt’s evidence) is amended as follows.

• (2) In paragraph (1), after “3” insert “business”.

Amendment to Rule 6.245

422

• (1) Rule 6.245 (application for interim bankruptcy restrictions order) is amended as follows.

• (2) Omit paragraph (3).

Amendment to Rule 6.246

423

• (1) Rule 6.246 (the case against the defendant) is amended as follows.

• (2) In paragraph (3), for “affidavit” substitute “a witness statement”.

Amendments to Rule 6.248

424

• (1) Rule 6.248 (application to set aside an interim bankruptcy restrictions order) is amended as follows.

• (2) In paragraph (2), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (3)—

• (a) for “7” substitute “5 business”;

• (b) in sub-paragraph (d), for “affidavit” substitute “witness statement”.

Amendments to Rule 6.251

425

• (1) Rule 6.251 (application under paragraph 9(3) of Schedule 4A to the Act[^f00025] to annul a bankruptcy restrictions undertaking) is amended as follows.

• (2) In paragraph (1), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (2), for “affidavit” substitute “witness statement”.

Amendments to Rule 6.253`

426

• (1) Rule 6.253 (application for debt relief restrictions order) is amended as follows.

• (2) In paragraph (3), for “an affidavit” substitute “a witness statement”.

• (3) Omit paragraph (5).

Amendment to Rule 6.255

427

• (1) Rule 6.255 (the debtor’s evidence) is amended as follows.

• (2) In paragraph (1), after “3” insert “business”.

Amendment to Rule 6.257

428

• (1) Rule 6.257 (application for interim debt relief restictions order) is amended as follows.

• (2) Omit paragraph (3).

Amendment to Rule 6.258

429

• (1) Rule 6.258 (the case against the debtor) is amended as follows.

• (2) In paragraph (3), for “an affidavit” substitute “a witness statement”.

Amendments to Rule 6.260

430

• (1) Rule 6.260 (application to set aside an interim debt relief restrictions order) is amended as follows.

• (2) In paragraph (2), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (3)—

• (a) for “7” substitute “5 business”;

• (b) in sub-paragraph (d), for “affidavit” substitute “witness statement”.

Amendments to Rule 6.263

431

• (1) Rule 6.263 (application under paragraph 9(3)(a) of Schedule 4ZB to the Act[^f00026] to annul a debt relief restrictions undertaking) is amended as follows.

• (2) In paragraph (1), for “an affidavit” substitute “a witness statement”.

• (3) In paragraph (2), for “affidavit” substitute “witness statement”.

Substitution of Rule 6A.2

432

For Rule 6A.2 (entry of information onto the individual insolvency register – individual voluntary arrangements) substitute—

(6A.2A) (1) This Rule applies where— (a) a voluntary arrangement has been accepted by the debtor’s creditors; and (b) the Secretary of State has received— (i) information under Rule 5.29(1) sent pursuant to paragraph (3) of that Rule; and (ii) notice under Rule 5.34, Rule 5.45 or Rule 5.50. (2) Subject to paragraph (3), the Secretary of State must enter onto the individual insolvency register— (a) the name and address of the debtor; (b) the date on which the arrangement was approved by the creditors; (c) the debtor’s gender; (d) the debtor’s date of birth; (e) any name by which the debtor was or is known, not being the name in which the debtor has entered into the voluntary arrangement; (f) as regards an arrangement other than under section 263A[^f00027], the name and address of the supervisor; (g) as regards an arrangement under section 263A— (i) that the official receiver is the supervisor; and (ii) the address of the official receiver; and (h) a statement whether the arrangement— (i) was completed in accordance with its terms; or (ii) failed. (3) Paragraph (4) applies where there is entered on the register information in respect of a voluntary arrangement— (a) of which the Secretary of State had been notified prior to this Rule coming into force; and (b) which has not been completed or terminated when this Rule comes into force. (4) The Secretary of State must maintain on the register the information that the Secretary of State was required to enter on to the individual insolvency register immediately prior to the coming into force of this Rule. (5) Paragraphs (2) and (4) are subject to Rules 5.67, 6A.3 and 6A.8.

Amendment to Rule 6A.3

433

• (1) Rule 6A.3 (deletion of information from the individual insolvency register – individual voluntary arrangements) is amended as follows.

• (2) At the end, after (not as part of) sub-paragraph (b), add “and in either case a period of 3 months has elapsed from the receipt of the notice”.

Amendments to Rule 6A.4

434

• (1) Rule 6A.4 (entry of information onto the individual insolvency register – bankruptcy orders) is amended as follows.

• (2) In paragraph (3)—

• (a) in sub-paragraph (g) omit “and”;

• (b) after sub-paragraph (h) add—

; and (i) where a bankruptcy order is rescinded by the court, the fact that such an order has been made, the date on which it is made and (if different) the date on which it has effect.

• (3) In paragraph (7), for “Rule 6A.5” substitute “Rules 6.235B, 6A.5 and 6A.8”.

Amendments to Rule 6A.5

435

• (1) Rule 6A.5 (deletion of information from the individual insolvency register – bankruptcy orders) is amended as follows.

• (2) At the end of sub-paragraph (a) add “and a period of 3 months has elapsed since notice of the annulment was given to the Secretary of State”.

• (3) In sub-paragraph (c), for “he has received notice of the annulment” substitute “28 days have elapsed since notice of the annulment was given to the Secretary of State”.

• (4) In sub-paragraph (d)—

• (a) omit “and”, and

• (b) at the end add “and 28 days have elapsed since receipt of the copy of the order”.

Amendment to Rule 6A.5A

436

• (1) Rule 6A.5A (entry of information onto the individual insolvency register – debt relief orders) is amended as follows.

• (2) In paragraph (1), for “Rule 6A.5B” substitute “Rules 5A.18, 6A.5B and 6A.8”.

Amendment to Rule 6A.6

437

• (1) Rule 6A.6 (bankruptcy restrictions orders and undertakings – entry of information onto the bankruptcy restrictions register) is amended as follows.

• (2) In paragraph (3), for “Rule 6A.7” substitute “Rules 6.235B, 6A.7 and 6A.8”.

Amendment to Rule 6A.7A

438

• (1) Rule 6A.7A (debt relief restrictions orders and undertakings – entries of information onto the debt relief restrictions register) is amended as follows.

• (2) In paragraph (1), for “Rule 6A.7B” substitute “Rules 5A.18, 6A.7B and 6A.8”.

Amendments to Rule 7.3

439

• (1) Rule 7.3 (form and contents of application) is amended as follows.

• (2) In paragraph (1)—

• (a) for sub-paragraph (a) substitute—

(a) that the application is made under the Act; (aa) the names of the parties; (ab) the name of the bankrupt, or the debtor who or company which is the subject of the insolvency proceedings to which the application relates; (ac) the court (and where applicable, the division or district registry of that court) in which the application is made; (ad) where the court has previously allocated a number to the insolvency proceedings within which the application is made, that number;

; and

• (b) in sub-paragraph (b), for “relief” substitute “remedy”.

• (3) Omit paragraph (2).

Amendments to Rule 7.3A

440

• (1) Rule 7.3A (application under section 176A(5) to disapply section 176A) is amended as follows.

• (2) In paragraph (1), for “an affidavit prepared and sworn” substitute “a witness statement”.

• (3) In paragraph (2)—

• (a) for “affidavit” substitute “witness statement”; and

• (b) in sub-paragraph (d), for “insolvency practitioner” substitute “office-holder”.

Amendments to Rule 7.4

441

• (1) Rule 7.4 (filing and service of application) is amended as follows.

• (2) In paragraph (1), for “The application shall be filed in court” substitute “An application must be filed with the court”.

• (3) For paragraph (2), substitute—

(2) Where an application is filed with the court in accordance with paragraph (1), the court must fix a venue for the application to be heard unless— (a) it considers it is not appropriate to do so; (b) the Rule under which the application is brought provides otherwise; or (c) the case is one to which Rule 7.5A applies.

• (4) For paragraph (5), substitute—

(5) An application must be served at least 14 days before the date fixed for its hearing unless— (a) the provision of the Act or the Rules under which the application is made makes different provision; or (b) the case is one of urgency, to which paragraph (6) applies.

Amendment to Rule 7.4A

442

• (1) Rule 7.4A (notice of application under section 176A(5)) is amended as follows.

• (2) For “insolvency practitioner who acts as such” substitute “office-holder who is acting”.

Substitution of Rules 7.5, 7.6 and 7.7

443

For Rules 7.5 (other hearings ex parte), 7.6 (hearing of application) and 7.7 (use of affidavit evidence) substitute—

(7.5A) Where the relevant provisions of the Act or the Rules do not require service of the application on, or notice of it to be given to, any person— (a) the court may hear the application as soon as reasonably practicable without fixing a venue as required by Rule 7.4(2); or (b) it may fix a venue for the application to be heard in which case Rule 7.4 must apply to the extent that it is relevant; but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so. (7.6A) (1) Unless the court otherwise directs, the hearing of an application must be in open court. (2) In the county court, the jurisdiction of the court to hear and determine an application may be exercised by the district judge (to whom any application must be made in the first instance) unless— (a) a direction to the contrary has been given, or (b) it is not within the district judge’s power to make the order required. (3) In the High Court, the jurisdiction of the court to hear and determine an application may be exercised by the registrar (to whom the application must be made in the first instance) unless— (a) a direction to the contrary has been given, or (b) it is not within the registrar’s power to make the order required. (4) Where the application is made to the district judge in the county court or to the registrar in the High Court, the district judge or the registrar may refer to the judge any matter which the district judge or registrar thinks should properly be decided by the judge, and the judge may either dispose of the matter or refer it back to the district judge or the registrar with such directions as that judge thinks just. (5) Nothing in this Rule precludes an application being made directly to the judge in a proper case. (7.7A) (1) Subject to Rule 7.9, where evidence is required by the Act or the Rules as to any matter, such evidence may be provided in the form of a witness statement unless— (a) in any specific case a Rule or the Act makes different provision; or (b) the court otherwise directs. (2) The court may, on the application of any party to the matter in question order the attendance for cross-examination of the person making the witness statement. (3) Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the leave of the court.

Amendments to Rule 7.8

444

• (1) Rule 7.8 (filing and service of affidavits) is amended as follows.

• (2) In the heading, for “affidavits” substitute “witness statements”.

• (3) In paragraph (1)—

• (a) in each of sub-paragraphs (a) and (b)—

• (i) for “affidavit evidence” substitute “evidence in a witness statement”;

• (ii) for “the affidavit or affidavits (if more than one) in” substitute “the witness statement with the”; and

• (iii) omit “or copies”;

• (b) in sub-paragraph (b), for “7” substitute “5 business”.

• (4) Omit paragraph (2).

Amendments to Rule 7.9

445

• (1) Rule 7.9 (use of reports) is amended as follows.

• (2) In paragraphs (1) and (2), for “an affidavit” wherever it appears substitute “a witness statement”.

• (3) For paragraph (3) substitute—

(3A) Where in insolvency proceedings a witness statement is made by an office-holder, the witness statement must state— (a) the capacity in which that office-holder is acting, and (b) the address at which that office-holder works.

Amendments to Rule 7.10

446

• (1) Rule 7.10 (adjournment of hearing; directions) is amended as follows.

• (2) In paragraph (1), omit “(if any)”.

• (3) In paragraph (2)—

• (a) in sub-paragraph (a), omit “, whether in connection with the venue of a resumed hearing or for any other purpose”;

• (b) in sub-paragraph (b), at the end add “including whether a hearing is necessary”; and

• (c) omit sub-paragraph (c).

• (4) After paragraph (2) add—

(3) The court may give directions as to the manner in which any evidence is to be adduced at a resumed hearing and in particular as to— (a) the taking of evidence wholly or partly by witness statement or orally; (b) the cross-examination of the maker of a witness statement; or (c) any report to be made by an office-holder.

New Chapter in Part 7

447

After Rule 7.10 insert—