The Insolvency (Amendment) Rules 2010

(7.10A) (1) The Rules in this Chapter relate to applications for a block transfer order. (2) In this Chapter— - “outgoing office-holder” has the meaning in Rule 7.10B(1), - “replacement office-holder” has the meaning in Rule 7.10B(1), - “block transfer order” has the meaning in Rule 7.10B(2), - “substantive application” is that part of the application in Rule 7.10C(1)(c) and (d). (7.10B) (1) This Rule applies where an individual who is acting as an office-holder (‘the outgoing office-holder’)— (a) dies, (b) retires from practice, or (c) is otherwise unable or unwilling to continue in office, and it is expedient to transfer some or all of the cases in which the outgoing office-holder holds office to one or more office-holders (‘the replacement office-holder’) in a single transaction. (2) In a case to which this Rule applies the court has the power to make an order, (‘a block transfer order’), appointing a replacement office-holder in the place of the outgoing office-holder to be— (a) liquidator in any winding up (including a case where the official receiver is the liquidator by virtue of section 136 of the Act), (b) administrator in any administration, (c) trustee in a bankruptcy (including a case where the official receiver is the trustee by virtue of section 300 of the Act), or (d) supervisor of a voluntary arrangement under Part 1 or 8 of the Act. (3) The replacement office-holder must be— (a) qualified to act as an insolvency practitioner, or (b) where the replacement office-holder is to be appointed supervisor of a voluntary arrangement under Part 1 or 8 of the Act— (i) qualified to act as an insolvency practitioner, or (ii) a person authorised so to act. (7.10C) (1) An application for a block transfer order may be made to the registrar or district judge for— (a) the transfer to the High Court of the cases specified in the schedule under paragraph (8); (b) the transfer of the cases back to the court from which they were transferred when a replacement office-holder has been appointed; (c) the removal of the outgoing office-holder by the exercise of any of the powers in paragraph (2); (d) the appointment of a replacement office-holder by the exercise of any of the powers in paragraph (3); (e) such other order or direction as may be necessary or expedient in connection with any of the matters referred to above. (2) The powers referred to in paragraph (1)(c) are— (a) section 172(2) and Rule 7.10B(2) (winding up by the court); (b) section 108 (voluntary liquidation); (c) section 19, paragraph 88 of Schedule B1 to the Act and Rule 7.10B(2) (administration); (d) section 298 and Rule 7.10B(2) (bankruptcy); (e) section 7(5) and paragraph 39(6) of Schedule A1 to the Act (voluntary arrangement under Part 1 of the Act); and (f) section 263(5) (voluntary arrangement under Part 8 of the Act). (3) The powers referred to in paragraph (1)(d) are— (a) section 168(3) and (5) and Rule 7.10B(2) (winding up by the court); (b) section 108 (voluntary liquidation); (c) section 13, paragraphs 63, 91 and 95 of Schedule B1 to the Act and Rule 7.10B(2) (administration); (d) sections 298 and 303(2) and Rule 7.10B(2) (bankruptcy); (e) section 7(5) and paragraph 39(6) of Schedule A1 to the Act (voluntary arrangement under Part 1 of the Act); and (f) section 263(5) (voluntary arrangement under Part 8 of the Act). (4) Subject to paragraph (5), the application may be made by any of the following— (a) the outgoing office-holder (if able and willing to do so); (b) any person who holds office jointly with the outgoing office-holder; (c) any person who is proposed to be appointed as the replacement office-holder; (d) any creditor in a case subject to the application; (e) the recognised professional body or recognised body by which the outgoing office-holder is or was authorised; or (f) the Secretary of State. (5) Where one or more outgoing office-holder in the schedule under paragraph (8) is an administrator, an application may not be made unless a person permitted to apply to replace that office-holder under section 13 or paragraph 63, 91 or 95 of Schedule B1 to the Act is the applicant or is joined as applicant in respect of the replacement of that office-holder. (6) An applicant (other than the Secretary of State) must give notice of the application to the Secretary of State at least 5 business days before the hearing of the application. (7) The following must be made a respondent to the application and served with it— (a) the outgoing office-holder (if not the applicant or deceased); (b) every person who holds office jointly with the outgoing office-holder; and (c) such person as the registrar or district judge directs. (8) The application must contain a schedule setting out— (a) the name of each case, (b) the identity of the court having jurisdiction when the application is made, (c) the case number (if any), and (d) the capacity in which the outgoing office-holder was appointed. (9) The application must be supported by evidence— (a) setting out the circumstances which gave rise to it being expedient to appoint a replacement office-holder; and (b) exhibiting the written consent to act of each person who is proposed to be appointed as replacement office-holder. (10) Where all the cases in the schedule under paragraph (8) are in a county court or more than one county court— (a) the application may be made to a district judge of a convenient county court having insolvency jurisdiction; and (b) this Rule applies with appropriate modifications. (7.10D) (1) The registrar or district judge may in the first instance consider the application without a hearing and make such order as the registrar or district judge thinks just. (2) In the first instance, the registrar or district judge may do any of the following— (a) make an order directing the transfer to the High Court of those cases not already within its jurisdiction for the purpose only of the substantive application; (b) if the documents are considered to be in order and that the matter is straightforward, make an order on the substantive application; (c) give any directions which are considered to be necessary including (if appropriate) directions for the joinder of any additional respondents or requiring the service of the application on any person or requiring additional evidence to be provided; or (d) if an order is not made on the substantive application, give directions for the further consideration of the substantive application by the registrar or district judge or a judge of the Chancery Division. (3) The applicant must ensure that a sealed copy of every order transferring any case to the High Court and of every order which is made on a substantive application is lodged with the court having jurisdiction over each case affected by such order for filing on the court file relating to that case. (4) In any case other than an application relating to the appointment of an administrator, in deciding to what extent (if any) the costs of making an application under this Rule should be paid as an expense of the insolvency proceedings to which the application relates, the factors to which the court must have regard include— (a) the reasons for the making of the application; (b) the number of cases to which the application relates; (c) the value of assets comprised in those cases; and (d) the nature and extent of the costs involved. (5) Where an application relates to the appointment of an administrator and is made by a person under section 13 or paragraph 63, 91 or 95 of Schedule B1 to the Act, the costs of making that application are to be paid as an expense of the administration to which the application relates unless the court directs otherwise. (6) Any appointment made under this Rule must be notified— (a) to the Secretary of State as soon as reasonably practicable; and (b) to— (i) the creditors, and (ii) such other persons as the court may direct, in such manner as the court may direct. (7) Where the application was made to the district judge under Rule 7.10C(10) this Rule applies with appropriate modifications.

Amendment to Rule 7.11

448

• (1) Rule 7.11 (general power of transfer) is amended as follows.

• (2) After paragraph (4) insert—

(4A) Solely for the purposes of Rule 7.10D (action following application for a block transfer order)— (a) the registrar may transfer to or from the High Court; and (b) the district judge of the county court to which the application is made may transfer to or from that county court, any case in the schedule under Rule 7.10C(8).

Amendment to Rule 7.14

449

• (1) Rule 7.14 (procedure following order for transfer) is amended as follows.

• (2) Omit paragraph (4).

Amendments to Rule 7.15

450

• (1) Rule 7.15 (consequential transfer of other proceedings) is amended as follows.

• (2) In paragraph (1)—

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

(a) the High Court has— (i) made a bankruptcy order; (ii) made a winding-up order; (iii) appointed a provisional liquidator; or (iv) appointed an interim receiver; or

; and

• (b) omit sub-paragraph (b).

• (3) In paragraph (4)—

• (a) for “general or special” substitute “the”; and

• (b) for “registrar of that court” substitute “district judge”.

Amendments to Rule 7.16

451

• (1) Rule 7.16 (nomination and appointment of shorthand writers) is amended as follows.

• (2) In paragraph (1)—

• (a) after “the judge” insert “or registrar”;

• (b) for “the registrar” substitute “a district judge”.

• (3) In paragraph (3), omit “; and that appointment shall be made, unless the court otherwise orders”.

Amendment to Rule 7.19

452

• (1) Rule 7.19 (enforcement of court orders) is amended as follows.

• (2) After paragraph (2), add—

(3) Where a warrant for the arrest of a person is issued by the High Court, the warrant may be discharged by the county court where the person who is the subject of the warrant— (a) has been brought before a county court exercising insolvency jurisdiction; and (b) has given to the county court an undertaking which is satisfactory to the county court to comply with the obligations that apply to that person under the Act or the Rules.

Amendment to Rule 7.21

453

• (1) Rule 7.21 (warrants (general provisions)) is amended as follows.

• (2) In paragraph (2)(b), for “registrar” substitute “district judge”.

Amendments to Rule 7.22

454

• (1) Rule 7.22 (warrants under ss 134, 364) is amended as follows.

• (2) After “a person” insert “(“the arrested person”)”; and

• (3) For paragraph (a) substitute—

(a) the officer apprehending the arrested person must give that person into the custody of— (i) the court in a case where the court is ready and able to deal with the arrested person, or (ii) where the court is not ready and able, the governor of the prison named in the warrant (or where that prison is not able to accommodate the arrested person, the governor of such other prison with appropriate facilities which is able to accommodate the arrested person), who must keep the arrested person in custody until such time as the court otherwise orders and must produce that person before the court at its next sitting; and

Amendments to Rule 7.23

455

• (1) Rule 7.23 (warrants under ss 236, 366) is amended as follows.

• (2) In paragraph (1), after “bankruptcy)” insert “(“the arrested person”)”.

• (3) In paragraph (2), after “warrant” insert “(or where that prison is not able to accommodate the arrested person, the governor of such other prison with appropriate facilities which is able to accommodate the arrested person)”.

Amendment to Rule 7.24

456

• (1) Rule 7.24 (execution of warrants outside court’s district) is amended as follows.

• (2) In paragraph (2), for “registrar of any other” substitute “district judge of another”.

Substitution of Rules 7.26 to 7.31

457

For Rules 7.26 to 7.31 (court records, returns and file) substitute—

(7.31A) (1) The court must open and maintain a file in any case where documents are filed with it under the Act or the Rules. (2) Any documents which are filed with the court under the Act or the Rules must be placed on the file opened in accordance with paragraph (1). (3) The following persons may inspect or obtain from the court a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph (1)— (a) the office-holder in the proceedings; (b) the Secretary of State; and (c) any person who is a creditor of the company to which, or the individual to whom, the proceedings relate if that person provides the court with a statement in writing by confirming that that person is a creditor. (4) The same right to inspect or obtain a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph (1) is exercisable— (a) in proceedings under Parts 1 to 7 of the Act, by— (i) an officer or former officer of the company to which the proceedings relate; or (ii) a member of the company or a contributory in its winding up; (b) in proceedings with respect to a voluntary arrangement under Part 8 of the Act, by the debtor; (c) in bankruptcy proceedings, by— (i) the bankrupt; (ii) any person against whom a bankruptcy petition has been presented; (iii) any person who has, in accordance with Chapter 1 of Part 6, been served with a statutory demand; (d) in proceedings relating to a debt relief order, by the debtor. (5) The right to inspect or obtain a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph (1) may be exercised on that person’s behalf by a person authorised to do so by that person. (6) Any person who is not otherwise entitled to inspect or obtain a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph (1) may do so if that person has the permission of the court. (7) The court may direct that the file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraph (3), (4) or (5) without the permission of the court. (8) An application for a direction under paragraph (7) may be made by— (a) the official receiver; (b) the officer-holder in the proceedings; or (c) any person appearing to the court to have an interest. (9) Where any person wishes to exercise the right to inspect the file under paragraph (3), (4), (5) or (6), that person— (a) if the permission of the court is required, must file with the court an application notice in accordance with these Rules; or (b) if the permission of the court is not required, may inspect the file at any reasonable time. (10) Where any person wishes to exercise the right to obtain a copy of a document under paragraph (3), (4), (5) or (6), that person must pay any prescribed fee and— (a) if the permission of the court is required, file with the court an application notice in accordance with these Rules; or (b) if the permission of the court is not required, file with the court a written request for the document. (11) An application for— (a) permission to inspect the file or obtain a copy of a document under paragraph (6); or (b) a direction under paragraph (7), may be made without notice to any other party, but the court may direct that notice must be given to any person who would be affected by its decision. (12) If for the purposes of powers conferred by the Act or the Rules, the Secretary of State or the official receiver requests the transmission of the file of any insolvency proceedings, the court must comply with the request (unless the file is for the time being in use for the court’s own purposes).

Substitution of Rules 7.33 and 7.34

458

For Rules 7.33 (application of the CPR) and 7.34 (requirement to assess costs by the detailed procedure) substitute—

(7.33A) (1) This chapter applies in relation to costs in connection with insolvency proceedings. (2) In this chapter a reference to costs includes charges and expenses. (7.34A) (1) Where the costs of any person are payable as an expense out of the insolvent estate, the amount payable must be decided by detailed assessment unless agreed between the office-holder and the person entitled to payment. (2) In the absence of such agreement as is mentioned in paragraph (1), the office-holder— (a) may serve notice requiring that person to commence detailed assessment proceedings in accordance with CPR Part 47; and (b) must serve such notice (except in an administrative receivership) where a liquidation or creditors’ committee formed in relation to the insolvency proceedings resolves that the amount of the costs must be decided by detailed assessment. (3) Detailed assessment proceedings must be commenced in the court to which the insolvency proceedings are allocated or, where in relation to a company there is no such court, any court having jurisdiction to wind up the company. (4) Where the costs of any person employed by an office-holder in insolvency proceedings are required to be decided by detailed assessment or fixed by order of the court, the office-holder may make payments on account to such person in respect of those costs provided that person undertakes in writing— (a) to repay as soon as reasonably practicable any money which may, when detailed assessment is made, prove to have been overpaid; and (b) to pay interest on any such sum as is mentioned in sub-paragraph (a) at the rate specified in section 17 of the Judgments Act 1838[^f00028] on the date payment was made and for the period beginning with the date of payment and ending with the date of repayment. (5) In any proceedings before the court (including proceedings on a petition), the court may order costs to be decided by detailed assessment. (6) Unless otherwise directed or authorised, the costs of a trustee in bankruptcy or a liquidator are to be allowed on the standard basis for which provision is made in— (a) CPR rule 44.4 (basis of assessment); and (b) CPR rule 44.5 (factors to be taken into account when deciding the amount of costs).

Amendments to Rule 7.35

459

• (1) Rule 7.35 (procedure where detailed assessment required) is amended as follows.

• (2) In paragraph (1)—

• (a) for “a responsible insolvency practitioner” substitute “the office-holder”; and

• (b) for “the insolvency practitioner” substitute “the office-holder”.

• (3) In paragraphs (3), (4) and (5), for “insolvency practitioner” substitute “office-holder”.

Amendments to Rule 7.36

460

• (1) Rule 7.36 (costs of officers charged with execution of writs or other process) is amended as follows.

• (2) In paragraph (1), for “responsible insolvency practitioner” substitute “office-holder”.

• (3) In paragraph (3), for “insolvency practitioner” substitute “office-holder”.

Substitution of Rule 7.37

461

For Rule 7.37 (petitions presented by insolvents) substitute—

(7.37A) (1) This Rule applies where— (a) a winding-up petition is presented by a company against itself; (b) a bankruptcy petition is presented by a debtor against that debtor, and references in this Rule to “the insolvent” are to be read as a reference to the company or the debtor. (2) A solicitor acting in either of the cases mentioned in paragraph (1) must in the solicitor’s bill of costs give credit for any sum or security received by the solicitor as a deposit from the insolvent on account of the costs and expenses to be incurred in respect of the filing and prosecution of the petition and the deposit must be noted by the costs officer on the final costs certificate. (3) Where an order is made on a petition of a kind mentioned in paragraph (1) and prior to the presentation of that petition a petition had been presented by a creditor, no costs are allowed to the insolvent or that insolvent’s solicitor out of that insolvent’s estate unless the court considers that— (a) the insolvent estate has benefited by the insolvent’s conduct; or (b) there are otherwise special circumstances justifying the allowance of costs.

Amendment to Rule 7.39

462

• (1) Rule 7.39 (award of costs against official receiver or responsible insolvency practitioner) is amended as follows.

• (2) For “the official receiver or a responsible insolvency practitioner” substitute “an office-holder or the official receiver where that official receiver is not acting as an office-holder”.

Amendments to Rule 7.40

463

• (1) Rule 7.40 (applications for costs) is amended as follows.

• (2) In paragraph (2), for “responsible insolvency practitioner” substitute “office-holder”.

• (3) In paragraph (3), for “insolvency practitioner” substitute “office-holder”.

Amendments to Rule 7.44

464

• (1) Rule 7.44 (appointment of another person to act) is amended as follows.

• (2) In paragraph (3)(d), for “responsible insolvency practitioner” substitute “office-holder”.

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

Substitution of Rule 7.45

465

For Rule 7.45 (affidavit in support of application) substitute—

(7.45A) An application under Rule 7.44(3) must be supported by a witness statement made by a registered medical practitioner as to the mental or physical condition of the incapacitated person.

Amendments to Rule 7.47

466

• (1) Rule 7.47 (appeals and reviews of court orders (winding up)) is amended as follows.

• (2) In the heading, for “(winding up)” substitute “in corporate insolvency”.

• (3) In paragraph (1), for “under the Act to wind up companies” substitute “for the purposes of Parts 1 to 4 of the Act and Parts 1 to 4 of the Rules,”.

• (4) For paragraph (2) substitute—

(2) Appeals in civil matters in proceedings under Parts 1 to 4 of the Act and Parts 1 to 4 of the Rules lie as follows— (a) to a single judge of the High Court where the decision appealed against is made by the county court or the registrar; (b) to the Civil Division of the Court of Appeal from a decision of a single judge of the High Court.

• (5) In paragraph (3), for “to wind up companies” substitute “for the purposes of Parts 1 to 4 of the Act and Parts 1 to 4 of the Rules”.

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

Amendments to Rule 7.48

467

• (1) Rule 7.48 (appeals in bankruptcy) is amended as follows.

• (2) In the heading, after “bankruptcy” add “by the Secretary of State”.

• (3) Omit paragraph (2).

Substitution of Rule 7.49

468

For Rule 7.49 (procedure on appeal) substitute—

(7.49A) (1) An appeal against a decision at first instance may only be brought with either the permission of the court which made the decision or the permission of the court which has jurisdiction to hear the appeal. (2) An appellant must file an appellant’s notice (within the meaning of CPR Part 52) within 21 days after the date of the decision of the court that the appellant wishes to appeal. (3) The procedure set out in CPR Part 52 applies to any appeal to which this Chapter applies.

Substitution of Rule 7.51

469

For Rule 7.51 (principal court rules and practice to apply) substitute—

(7.51A) (1) The provisions of the CPR in the first column of the table in this Rule (including any related practice direction) apply to insolvency proceedings by virtue of the provisions of these Rules set out in the second column with any necessary modifications, except so far as inconsistent with these Rules.

Provisions of CPR	Provisions of these Rules
CPR Part 6 (except 6.30 to 6.51) (service of documents)	Chapter 3 of Part 12A
CPR Part 18 (further information)	Rules 7.60 and 9.2(3)(b)
CPR Part 31 (disclosure and inspection of documents)	Rules 7.60 and 9.2
CPR Part 37 (miscellaneous provisions about payments into court)	Rule 7.59
CPR Parts 44 and 47 (costs)	Chapter 6 of Part 7
CPR Part 52 (appeals)	Rule 7.49

(2) Subject to paragraph (3), the provisions of the CPR (including any related practice direction) not referred to in the table apply to proceedings under the Act and Rules with any necessary modifications, except so far as inconsistent with these Rules. (3) All insolvency proceedings must be allocated to the multi-track for which CPR Part 29 makes provision, and accordingly those provisions of the CPR which provide for allocation questionnaires and track allocation do not apply. (4) CPR Part 32 applies to a false statement in a document verified by a statement of truth made under these Rules as it applies to a false statement in a document verified by a statement of truth made under CPR Part 22.

Amendment to Rule 7.52

470

• (1) Rule 7.52 (right of audience) is amended as follows.

• (2) Omit paragraph (2).

Amendments to Rule 7.56

471

• (1) Rule 7.56 (restriction on concurrent proceedings and remedies) is amended as follows.

• (2) For the heading substitute “Service of orders staying proceedings”.

• (3) For “plaintiff” substitute “claimant”.

Amendment to Rule 7.59

472

• (1) Rule 7.59 (payment into court) is amended as follows.

• (2) For “The CPR” to “security for costs” substitute “CPR Part 37 (miscellaneous provisions about payments into court)”.

Amendments to Rule 7.62

473

• (1) Rule 7.62 (application for confirmation) is amended as follows.

• (2) In paragraph (1), after “section 89 has been made” insert “(or is deemed not to have been made in accordance with section 96)”.

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

• (4) At the end of paragraph (8) add—

except that the material to be filed with the court under paragraph (3) must be a copy of the notice of moving from administration to creditors’ voluntary liquidation sent by the administrator for the purposes of paragraph 83(3) that has been registered by the registrar of companies, together with the statement of affairs required under paragraph 47 of Schedule B1 to the Act.

Amendments to Rule 7.64

474

• (1) Rule 7.64 (interpretation of creditor) is amended as follows.

• (2) For paragraph (2), substitute—

(2) The member State liquidator has the same right to inspect or obtain from the court a copy of, or a copy of any document or documents contained in, the court file relating to the insolvency proceedings that is opened and maintained by the court under Rule 7.31A(1) as a creditor has under Rule 7.31A(3) and may appear at any hearing relating to those proceedings.

• (3) Omit paragraph (3).

• (4) In paragraph (4), for “Paragraphs (2) and (3) are” substitute “Paragraph (2) is”.

Amendments to Rule 8.5

475

• (1) Rule 8.5 (right of inspection) is amended as follows.

• (2) In paragraph (1), for “responsible insolvency practitioner” substitute “office-holder”.

• (3) After paragraph (4) add—

(5) This Rule is subject to Rule 12A.51 (confidentiality of documents – grounds for refusing inspection).

Amendment to Rule 8.7

476

• (1) Rule 8.7 (company representation) is amended as follows.

• (2) In paragraph (1), omit “under section 323 of the Companies Act”.

Amendment to Rule 9.1

477

• (1) Rule 9.1 (preliminary) is amended as follows.

• (2) For paragraph (1), substitute—

(1) The Rules in this Part apply to applications to the court for an order under— (a) section 236 (inquiry into company’s dealings), (b) section 251N[^f00029] (debt relief orders – inquiry into dealings and property of debtor), or (c) section 366 (inquiry into bankruptcy, with respect to the bankrupt’s dealings – including section 366 as it applies by virtue of section 368).

Amendments to Rule 9.2

478

• (1) Rule 9.2 (form and contents of application) is amended as follows.

• (2) In paragraph (1), for “, and be accompanied by a brief statement of” substitute “and specify”.

• (3) For paragraph (2), substitute—

(2) The application must specify the name of the respondent.

• (4) In paragraph (3)(c)—

• (a) for “affidavits” substitute “witness statements”; and

• (b) for “which he is required to swear” substitute “be included”.

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

Amendment to Rule 9.3

479

• (1) Rule 9.3 (order for examination, etc.) is amended as follows.

• (2) In paragraph (3), for “affidavits” wherever it appears substitute “witness statements”.

Amendments to Rule 9.4

480

• (1) Rule 9.4 (procedure for examination) is amended as follows.

• (2) For paragraph (2), substitute—

(2) Unless the applicant objects, the following persons may attend the examination with the permission of the court and may put questions to the respondent (but only through the applicant)— (a) any person who could have applied for an order under the applicable section; and (b) any creditor who has provided information on which the application was made under section 236 or 366.

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

• (4) Omit paragraph (4).

Amendment to Rule 9.5

481

• (1) Rule 9.5 (record of examination) is amended as follows.

• (2) For paragraphs (1) to (3) substitute—

(1) Unless the court otherwise directs, the written record of questions put to the respondent and the respondent’s answers, and any witness statements submitted by the respondent in compliance with an order of the court under the applicable section, are not to be filed with the court. (2) The documents set out in paragraph (3) are not open to inspection without an order of the court, by any person other than— (a) the applicant for an order under the applicable section, or (b) any person who could have applied for such an order in respect of the affairs of the same insolvent. (3) The documents to which paragraph (2) applies are— (a) the written record of the respondent’s examination; (b) copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent; (c) any witness statement by the respondent; and (d) any document on the court file as shows the grounds for the application for an order.

Amendment to Rule 10.2

482

• (1) Rule 10.2 (persons entitled to act on official receiver’s behalf) is amended as follows.

• (2) In paragraph (2), for “of the court” substitute “or district judge”.

Amendments to Part 11

483

• (1) Rules 11.1 to 11.12 (declaration and payment of dividend (winding up and bankruptcy)) are amended as follows.

• (2) For “responsible insolvency practitioner” or “insolvency practitioner” wherever either appears substitute “office-holder”.

Amendment to Rule 11.1

484

• (1) Rule 11.1 (preliminary) is amended as follows.

• (2) In paragraph (2)(b) omit “, or who are identified in the insolvent’s statement of affairs”.

Amendments to Rule 11.2

485

• (1) Rule 11.2 (notice of intended dividend) is amended as follows.

• (2) In paragraph (1B), after “notice” insert “which has been gazetted”.

• (3) After paragraph (1B) insert—

(1C) In addition to the standard contents, a notice under paragraph (1A) must— (a) state that the office-holder intends to declare a first dividend; and (b) specify the date by which and place at which proofs must be lodged.

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

Amendment to Rule 11.3

486

• (1) Rule 11.3 (final admission/rejection of proofs) is amended as follows.

• (2) In paragraph (1), for “7” substitute “5 business”.

Amendment to Rule 11.4

487

• (1) Rule 11.4 (postponement or cancellation of dividend) is amended as follows.

• (2) For “4” substitute “2”.

Amendment to Rule 11.5

488

• (1) Rule 11.5 (decision to declare dividend) is amended as follows.

• (2) In paragraph (1), for “4-month” substitute “2-month”.

Amendment to Rule 11.6

489

• (1) Rule 11.6 (notice of declaration) is amended as follows.

• (2) After paragraph (2) insert—

(2A) Where, in a winding up other than a members’ voluntary winding up, the liquidator proposes to declare a dividend to unsecured creditors, the notice must also state the value of the prescribed part, except where the court has made an order under section 176A(5).

Amendment to Rule 11.12

490

• (1) Rule 11.12 (preferential creditors) is amended as follows.

• (2) In paragraph (2)—

• (a) for “public advertisement” substitute “notice”;

• (b) for “given” where it appears second substitute “gazetted”.

Amendment to Rule 12.1

491

• (1) Rule 12.1 (power of Secretary of State to regulate certain matters) is amended as follows.

• (2) In paragraph (1)(c), for “insolvency practitioner” substitute “office-holder”.

Amendment to Rule 12.18

492

• (1) Rule 12.18 (false claim of status as creditor etc) is amended as follows.

• (2) In paragraph (1), for “a responsible insolvency practitioner” substitute “an office-holder”.

Amendments to Rule 13.2

493

• (1) Rule 13.2 (“the court”; “the registrar”) is amended as follows.

• (2) In paragraph (1), after “judge” insert “, district judge”.

• (3) In paragraph (2), after “registrar” insert “or district judge”.

• (4) For paragraphs (3) to (5) substitute—

(3A) “The registrar” means— (a) a Registrar in Bankruptcy of the High Court, or (b) where the proceedings are in the District Registry of Birmingham, Bristol, Caernarfon, Cardiff, Leeds, Liverpool, Manchester, Mold, Newcastle-upon-Tyne or Preston, a district judge attached to the District Registry in question.

Amendment to Rule 13.3

494

• (1) Rule 13.3 (“give notice”, etc) is amended as follows.

• (2) Omit paragraphs (1) to (3).

Amendment to Rule 13.6

495

• (1) Rule 13.6 (“venue”) is amended as follows.

• (2) At the end add, “or to the time and date for a meeting which is held in accordance with section 246A or 379A[^f00030] without any place being specified for it.”.

Amendments to Rule 13.9

496

• (1) Rule 13.9 (“responsible insolvency practitioner”, etc) is amended as follows.

• (2) In paragraph (1)—

• (a) in each of sub-paragraphs (a) and (b), after “person” insert “(other than the official receiver)”;

• (b) omit sub-paragraph (c).

• (3) Omit paragraph (2).

New Rule after Rule 13.9

497

After Rule 13.9 insert—

(13.9A) “Office-holder” means in relation to insolvency proceedings any person who by virtue of any provision of the Act or the Rules holds an office in relation to those proceedings.

Amendments to Rule 13.12

498

• (1) Rule 13.12 (“debt”, “liability” (winding up)) is amended as follows.

• (2) For paragraph (1)(a) substitute—

(a) any debt or liability to which the company is subject— (i) in the case of a winding up which was not immediately preceded by an administration, at the date on which the company went into liquidation; (ii) in the case of a winding up which was immediately preceded by an administration, at the date on which the company entered administration.

• (3) For paragraph (2)(a) substitute—

(a) the cause of action has accrued— (i) in the case of a winding up which was not immediately preceded by an administration, at the date on which the company went into liquidation; (ii) in the case of a winding up which was immediately preceded by an administration, at the date on which the company entered administration.

• (4) In paragraph (5), for “references to winding up were a reference to administration” substitute—

(a) references to winding up were references to administration, (b) references to administration were references to winding up, (c) references to going into liquidation were references to entering administration, and (d) references to entering administration were references to going into liquidation.

Amendments to Rule 13.13

499

• (1) Rule 13.13 (expressions used generally) is amended as follows.

• (2) In paragraph (1)—

• (a) for “Great Britain” substitute “England and Wales”;

• (b) omit from “except” to the end.

• (3) After paragraph (2), insert—

(2A) “Duly authorised representative” means, in relation to a corporation, a person who is authorised by or under the constitution of the corporation to act on behalf of the corporation; and like expressions are to be construed accordingly.

• (4) In paragraph (4A), for “to advertise” substitute “advertised”.

• (5) After paragraph (4A) insert—

(4B) “Standard contents” means— (a) in relation to a notice to be gazetted, the contents specified in Rules 12A.33 to 12A.35; and (b) in relation to a notice to be advertised in any other way, the contents specified in Rules 12A.38 to 12A.40.

• (6) In paragraphs (10), (12) and (14) omit “and Scotland”.

• (7) After paragraph (14) insert—

(14A) “Winding-up proceedings” means winding-up proceedings within the meaning of Article 2(c) of the EC Regulation as listed under the United Kingdom entry in Annex B of that Regulation, except for bankruptcy and sequestration proceedings.

• (8) In paragraph (15), after “section 176A(2)(a)” add “and the Insolvency Act 1986 (Prescribed Part) Order 2003[^f00031]”.

• (9) After paragraph (15) add—

(16) A “certificate of service” means a certificate of service verified by a statement of truth. (17) A ”statement of truth” means a statement of truth in accordance with CPR Part 22. (18) A “witness statement” means a witness statement verified by a statement of truth in accordance with CPR Part 22. (19) A fee or remuneration is charged when the work to which it relates is done.

New Rule after Rule 13.14

500

After Rule 13.14 add—

(13.15) For the purposes of these Rules, any reference in the Act or the Company Directors Disqualification Act 1986[^f00032] to “leave” of the court is to be construed as meaning “permission” of the court.

Amendments to Schedule 2

501

• (1) Schedule 2 (alternative courts for debtors’ petitions in bankruptcy) is amended as follows.

• (2) In column 1 (Debtor’s own county court), omit “Bangor” and the corresponding entry in column 2 (Nearest full-time court) “Birkenhead or Chester”.

• (3) In column 1 (Debtor’s own county court),omit “Bridgewater” and the corresponding entry in column 2 (Nearest full-time court) “Bristol”.

• (4) In column 1 (Debtor’s own county court), after “Bridgend” insert “Bury” and insert “Bolton” as a corresponding entry in column 2 (Nearest full-time court).

• (5) In column 1 (Debtor’s own county court),omit “Great Yarmouth” and the corresponding entry in column 2 (Nearest full-time court) “Norwich”.

• (6) In column 1 (Debtor’s own county court), after “Milton Keynes” insert “Mold” and insert “Wrexham” as a corresponding entry in column 2 (Nearest full-time court).

• (7) In column 1 (Debtor’s own county court),omit “Portmadoc” and the corresponding entry in column 2 (Nearest full-time court) “Birkenhead or Stoke or Chester”.

• (8) In column 1 (Debtor’s own county court),omit “Rochdale” and the corresponding entry in column 2 (Nearest full-time court) “Oldham or Manchester”.

• (9) In column 1 (Debtor’s own county court),omit “West Bromwich” and the corresponding entry in column 2 (Nearest full-time court) “Birmingham”.

• (10) In column 1 (Debtor’s own county court),omit “Workington” and the corresponding entry in column 2 (Nearest full-time court) “Preston or Blackpool”.

Amendments to Schedule 4 – general amendments

502

• (1) Schedule 4 (forms) is amended as follows.

• (2) Omit—

• (a) Forms 1.1 to 1.4, 1.11, 1.12, 1.14, 1.16, 1.18, 2.3B, 2.11B, 2.16B, 2.17B, 2.27B to 2.29B, 2.31B, 2.33B to 2.36B, 2.39B, 2.40B, 3.3 to 3.5, 3.7, 3.8, 3.10, 4.4, 4.5, 4.15A, 4.20, 4.26, 4.31, 4.33, 4.35, 4.38, 4.40, 4.43, 4.44, 4.46, 4.48 to 4.51, 4.68, 4.69, 4.71, 4.72, 5.5, 6.39, 6.53, 7.3 to 7.15, 7.17 to 7.19 and 12.1, and

• (b) the references to them—

• (i) in the Forms index, and

• (ii) where they appear in marginal notes to the Rules.

• (3) Where a form (other than a form referred to in paragraph 558 of this Schedule) refers to a Rule which is substituted by a new Rule set out in this Schedule, that form is amended by substituting the number of the new Rule for the number of the old Rule.

• (4) In every form (other than the forms referred to in paragraph 558 of this Schedule), for “leave” wherever it appears substitute “permission”.

• (5) Where a form (other than a form referred to in paragraph 558 of this Schedule) provides for insertion of the place where a meeting is to be held and the meeting is to be conducted and held in accordance with section 246A(3) and (7) or section 379A(2) and (6) without a place being specified for the meeting, the person completing the form must instead insert the arrangements the convener proposes to enable persons to exercise their rights to speak or vote.

• (6) Where a form (other than a form referred to in paragraph 558 of this Schedule) provides for insertion of the place where a meeting was held and the meeting was conducted and held in accordance with section 246A(3) and (7) or section 379A(2) and (6) without a place being specified for the meeting, the person completing the form must instead insert a statement that the meeting was so held.

Amendments to Schedule 4 – amendments to particular forms

503

• (1) In each of Forms 4.15, 4.29, 4.30, 4.34, 4.39, 4.60, 4.61, 4.64, 4.66, 4.67, 5.7, 5.8, 6.22, 6.32, 6.42, 6.43, 6.45, 6.48, 6.54, 6.55, 6.57, 6.59, 6.60, 6.65, 6.66, 6.67, 6.68, 6.69, 6.70, 6.71, 6.72 and 6.73 omit—

• (a) “Mr Registrar” or, as the case may be, “Mr Registrar/District Judge”, and

• (b) “in chambers”.

• (2) When an order of court is set out on one of those forms or on Form 6.15A or 7.20A—

• (a) the name of the judge or registrar making the order, and

• (b) if the order was made in chambers, a statement to that effect,

must be included on the form immediately after the title of the proceedings or, in the case of Form 7.20A, immediately after the word “Order” at the top of the final page of that form.

504

• (1) Form 1.6 is amended as follows.

• (2) For “The pages attached hereto” to “Date” substitute—

• (3) Omit notes (c) and (d).

505

• (1) Form 2.1B is amended as follows.

• (2) In note (k), after “main” insert “, secondary”.

• (3) In paragraphs 7 and 8, omit “*affidavit/”.

• (4) In paragraph 10, for “An affidavit” substitute “A”.

506

• (1) Form 2.4B is amended as follows.

• (2) In note (g), after “main” insert “, secondary”.

507

• (1) Form 2.5B is amended as follows.

• (2) In note (g), after “main” insert “, secondary”.

508

• (1) For 2.6B is amended as follows.

• (2) In note (f), after “main” insert “, secondary”.

509

• (1) Form 2.7B is amended as follows.

• (2) In note (f), after “main” insert “, secondary”.

510

• (1) Form 2.8B is amended as follows.

• (2) In note (d), after “main” insert “, secondary”.

511

• (1) Form 2.9B is amended as follows.

• (2) In note (c), after “main” insert “, secondary”.

512

• (1) Form 2.10B is amended as follows.

• (2) In note (c), after “main” insert “, secondary”.

513

• (1) Forms 2.12B, 2.18B, 2.22B, 2.23B, 2.24B, 2.26B, 2.30B, 2.32B and 2.38B are each amended as follows.

• (2) Omit from “Contact details” to the end.

514

• (1) Form 2.25B is amended as follows.

• (2) At the end of the sentence “It must be accompanied by details in writing of your claim” add “unless those details have already been submitted for the purpose of a meeting of creditors”.

515

• (1) Form 3.2 is amended as follows.

• (2) For “Affidavit” to “and will necessitate its being re-sworn/re-affirmed.” substitute—

516

• (1) Form 3.6 is amended as follows.

• (2) Omit—

• (a) “To the Registrar of Companies”;

• (b) “*Administrative Receivership only”;

• (c) “*To the company”;

• (d) “*To the members of the creditors’ committee”;

• (e) “*To the appointor of administrative receiver”;

• (f) “Presenter’s name, address and reference (if any)”;

• (g) the box headed “For Official Use”.

517

• (1) Form 4.1 is amended as follows.

• (2) At the end add—

518

• (1) Form 4.2 is amended as follows.

• (2) In paragraph (7), for “affidavit” substitute “statement of truth”.

• (3) In note (k), for “swearing affidavit” substitute “making the statement of truth”.

• (4) After paragraph (7) insert—

• (5) After note (l) insert—

519

• (1) Form 4.8 is amended as follows.

• (2) Omit “ex parte”.

• (3) After “application” insert “without notice to any other party”.

520

• (1) Form 4.14 is amended as follows.

• (2) In paragraph (7), for “affidavit” substitute “statement of truth”.

• (3) In note (h), for “swearing affidavit” substitute “making the statement of truth”.

521

• (1) Form 4.17 is amended as follows.

• (2) For “Affidavit” to “and will need to be re-sworn.” substitute—

522

• (1) Form 4.18 is amended as follows.

• (2) For “Affidavit” to “and will need to be re-sworn.” substitute—

523

• (1) Form 4.19 is amended as follows.

• (2) For “Affidavit” to “and will need to be re-sworn.” substitute—

524

• (1) Forms 4.22 and 4.23 are amended as follows.

• (2) In note (c)—

• (a) for “which should not be more than four days” substitute “(12.00 hours on the business day”, and

• (b) after “meeting” insert a closing bracket.

525

• (1) Form 4.56 is amended as follows.

• (2) In the title, for “Affidavit” substitute “Witness Statement”

• (3) For “make oath and say” substitute “state”.

• (4) For “Sworn at” substitute—

526

• (1) Form 4.65 is amended as follows.

• (2) In the title, for “Affidavit of Verification of” substitute “Statement of Truth Verifying”.

• (3) For “Make oath and say” substitute “state”.

• (4) For “Sworn at” substitute—

527

• (1) Form 4.70 is amended as follows.

• (2) Omit “To the Registrar of Companies”.

528

• (1) Form 5.2 is amended as follows.

• (2) In the paragraph commencing “It is ordered”, for—

• (a) “during” where it appears first substitute “from the making of this order until the end of”;

• (b) “with” substitute “on”.

529

Form 5.4 is amended as follows.

• (1) In the second paragraph of the “NOTICE TO DEBTOR”, for “at HM Land Registry is cancelled” substitute—

in the register of pending actions at the Land Charges Department of HM Land Registry and any entries in respect of the petition in any registered titles at HM Land Registry are cancelled. You should contact the Land Charges Department, Registration (Bankruptcy) Section, Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY for the former, and Land Registry Bankruptcy Unit, Land Registry Nottingham Office, Chalfont Drive, Nottingham NG8 3RN for the latter.Further information is contained in Land Registry Public Guide PG010 which is available on their websitewww.landregistry.gov.uk.

530

• (1) Form 5.6 is amended as follows.

• (2) Omit—

• (a) from “The report” to “of 20.”, and

• (b) note (k).

531

• (1) Form 5.7 is amended as follows.

• (2) In paragraph 2 of the “Notice to bankrupt”, for “HM Land Registry is cancelled” substitute—

in the register of pending actions at the Land Charges Department of HM Land Registry and any entries in respect of the petition in any registered titles at HM Land Registry are cancelled. You should contact the Land Charges Department, Registration (Bankruptcy) Section, Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY for the former, and Land Registry Bankruptcy Unit, Land Registry Nottingham Office, Chalfont Drive, Nottingham NG8 3RN for the latter.Further information is contained in Land Registry Public Guides PG010 and PG011 which are available on their websitewww.landregistry.gov.uk.

532

• (1) Form 5.8 is amended as follows.

• (2) In paragraph 2 of the “Notice to bankrupt”, for “HM Land Registry is cancelled” substitute—

in the register of pending actions at the Land Charges Department of HM Land Registry and any entries in respect of the petition in any registered titles at HM Land Registry are cancelled. You should contact the Land Charges Department, Registration (Bankruptcy) Section, Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY for the former, and Land Registry Bankruptcy Unit, Land Registry Nottingham Office, Chalfont Drive, Nottingham NG8 3RN for the latter.Further information is contained in Land Registry Public Guides PG010 and PG011 which are available on their websitewww.landregistry.gov.uk.

533

• (1) Form 6.1 is amended as follows.

• (2) For “an affidavit” substitute “a witness statement”.

534

• (1) Form 6.2 is amended as follows.

• (2) For “an affidavit” substitute “a witness statement”.

535

• (1) Form 6.3 is amended as follows.

• (2) For “an affidavit” substitute “a witness statement”.

536

• (1) Form 6.4 is amended as follows.

• (2) For “Registrar” substitute “Registrar/District Judge”.

• (3) For “affidavit” wherever it appears substitute “witness statement”.

• (4) For “sworn” substitute “made”.

537

• (1) Form 6.5 is amended as follows.

• (2) In the title, for “Affidavit” substitute “Witness Statement”.

• (3) In note (a), for “oath” substitute “witness statement”.

• (4) For “make oath and say” substitute “state”.

• (5) For “Sworn at” substitute—

538

• (1) Form 6.6 is amended as follows.

• (2) In paragraph 1, for “[the debtor’s centre of main interests has been][the debtor has an establishment] at” substitute “[the debtor’s centre of main interests is in England and Wales][the debtor has an establishment in England and Wales.]”.

539

• (1) Forms 6.7, 6.8, 6.9 and 6.10 are amended as follows.

• (2) In paragraph 1 of each, for “[the debtor’s centre of main interests has been][the debtor has an establishment] at” substitute “[the debtor’s centre of main interests is in England and Wales][the debtor has an establishment in England and Wales.]”.

• (3) For paragraph 2 of each, substitute—

(2) The debtor is (g)[not] resident in England and Wales. I present this petition to the High Court because (g)[Rule 6.9A[(1)[(a)][(c)]][(4)[(a)][(b)]][(5)[(a)][(b)]] applies] [the debtor carried on business][the debtor has not carried on business in England and Wales but has resided] in the London insolvency district (g)[for the greater part of][within] the 6 months immediately preceding the presentation of the petition]. OR The debtor is (g)[not] resident in England and Wales. I am presenting this petition to this county court because (g)[Rule 6.9A(4)(b) applies][for the greater part of][within] the 6 months immediately preceding its presentation (g)[the debtor has carried on business outside the London insolvency district and the district of this county court is where the debtor’s [principal] place of business is situated][the debtor has neither carried on business in England and Wales nor resided in London insolvency district but has resided in the district of this county court].

540

• (1) Form 6.11 is amended as follows.

• (2) In the title, for “Affidavit” substitute “Certificate”.

• (3) In note (a), for “oath” substitute “statements in the Certificate”.

• (4) For “make oath and say” substitute “state”.

• (5) In paragraph 3, for “exhibited hereto” substitute “attached”.

• (6) For “Sworn at” substitute—

541

• (1) Form 6.12 is amended as follows.

• (2) In the title, for “Affidavit” substitute “Certificate”.

• (3) For “make oath and say” substitute “state”.

• (4) In note (a), for “oath” substitute “certificate”.

• (5) For “Sworn at” substitute—

542

• (1) Form 6.14 is amended as follows.

• (2) For “Registrar” substitute “Registrar/District Judge”.

• (3) In the address of the Land Charges Department—

• (a) omit “The Superintendent,”; and

• (b) for “Burrington Way, PLYMOUTH PL5 3LP” substitute “Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY”.

543

• (1) Form 6.22 is amended as follows.

• (2) In the “Notice to Debtor” for “as an entry, both in the Land Charges Register and your registered titles, is cancelled” substitute—

in the register of pending actions at the Land Charges Department of HM Land Registry and any entries in respect of the petition in any registered titles at HM Land Registry are cancelled. You should contact the Land Charges Department, Registration (Bankruptcy) Section, Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY for the former, and Land Registry Bankruptcy Unit, Land Registry Nottingham Office, Chalfont Drive, Nottingham NG8 3RN for the latter.Further information is contained in Land Registry Public Guide PG010 which is available on their websitewww.landregistry.gov.uk.

544

• (1) Form 6.24A is amended as follows.

• (2) For “an affidavit of truth of statements in the bankruptcy petition and exhibit thereto a sealed copy of the said amended petition” substitute “a sealed copy of the amended petition together with a statement of truth verifying the amended petition”.

545

• (1) Form 6.24B is amended as follows.

• (2) Omit “whether by affidavit or otherwise”.

546

• (1) Form 6.25 is amended as follows.

• (2) After “The court is satisfied that the EC Regulation does not apply in relation to these proceedings.” insert—

And it is ordered that the costs of (e) of the above-mentioned petition be paid out of the bankrupt’s estate.

• (3) In the “Important Notice to Bankrupt”, for “the bankrupt’s estate. You are required to attend upon the Official Receiver of the court at (e) immediately after you have received this order” substitute—

your estate. You have certain duties to the official receiver as set out in section 291 of the Insolvency Act 1986. These include the duty to give the official receiver such inventory of the estate and such other information, and to attend on the official receiver at such times, as the official receiver may reasonably require

• (4) For note (e) substitute—

(e) Insert names of all parties to be awarded their costs.

547

• (1) Form 6.26 is amended as follows.

• (2) In the address of the Land Charges Department—

• (a) omit “The Superintendent,”; and

• (b) for “Burrington Way, PLYMOUTH PL5 3LP” substitute “Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY”.

548

• (1) Form 6.27 is amended as follows.

• (2) In paragraph 1, for “[My centre of main interests has been][I have had an establishment] at” substitute “[My centre of main interests is in England and Wales][I have an establishment in England and Wales.]”.

• (3) For paragraph 2 substitute—

(2) I am (f)[not] resident in England and Wales. I present this petition to the High Court because (f)[I carried on business][I have not carried on business in England and Wales but have resided] in the London insolvency district (f)[for the greater part of][within] the 6 months immediately preceding the presentation of the petition][in accordance with Rule 6.40A(3)]. OR I am (f)[not] resident in England and Wales. I am presenting my petition to this county court because (f)[for the greater part of][within] the 6 months immediately preceding its presentation (f)[I have carried on business outside the London insolvency district] [and the district of this county court is where my [principal] place of business is situated][I have neither carried on business in England and Wales nor resided in London insolvency district[but have resided in the district of this county court][and it is expedient for me to do so because it is the nearest full time court to my [principal][place of business][residence].

549

• (1) Form 6.28 is amended as follows.

• (2) For “AFFIDAVIT” to “and will need to be re-sworn.” substitute—

• (3) Omit notes (a), (b) and (c) and the form of cover sheet for an exhibit.

550

• (1) Form 6.30 is amended as follows.

• (2) In the “Important Notice to Bankrupt”, for “the bankrupt’s estate. You are required to attend upon the Official Receiver of the court at (h) immediately after you have received this order” substitute—

your estate. You have certain duties to the official receiver as set out in section 291 of the Insolvency Act 1986. These include the duty to give the official receiver such inventory of the estate and such other information, and to attend on the official receiver at such times, as the official receiver may reasonably require

• (3) Omit note (h).

551

• (1) Form 6.35 is amended as follows.

• (2) In note (c)—

• (a) for “, which should not be more than four days” substitute “(12.00 hours on the business day”, and

• (b) after “meeting” insert a closing bracket.

552

• (1) Form 6.58 is amended as follows.

• (2) In the title, for “Affidavit of Verification of” substitute “Statement of Truth Verifying”.

• (3) For “make oath and say” substitute “state”.

• (4) For “Sworn at” substitute—

553

• (1) Form 6.59 is amended as follows.

• (2) Omit “generally”.

554

• (1) Form 6.60 is amended as follows.

• (2) Omit “generally” wherever it appears.

555

• (1) Form 6.69 is amended as follows.

• (2) In note (b), for “Inland Revenue” substitute “HM Revenue and Customs”.

556

• (1) Form 6.71 is amended as follows.

• (2) In paragraph 2 of the “Notice to bankrupt”, for “HM Land Registry is cancelled” substitute—

in the register of pending actions at the Land Charges Department of HM Land Registry and any entries in respect of the petition in any registered titles at HM Land Registry are cancelled. You should contact the Land Charges Department, Registration (Bankruptcy) Section, Plumer House, Tailyour Road, Crownhill, Plymouth PL6 5HY for the former, and Land Registry Bankruptcy Unit, Land Registry Nottingham Office, Chalfont Drive, Nottingham NG8 3RN for the latter.Further information is contained in Land Registry Public Guides PG010 and PG011 which are available on their websitewww.landregistry.gov.uk.

557

• (1) Form 6.75 is amended as follows.

• (2) In the Notice to Bankrupt, after “7” insert “business”.

558

• (1) Form 6.77 is amended as follows.

• (2) In the Notice to Bankrupt, after the second “should” insert “, within 28 days,”.

Substitution of Forms

559

For each form listed in the first column in the table below substitute the new form listed on the same line in the second column and set out in Schedule 2 to these Rules.

Old form	New form
Form 4.53	Form 4.53A
Form 6.13	Form 6.13A
Form 6.15	Form 6.15A
Form 6.17	Form 6.17A
Form 6.18	Form 6.18A
Form 6.33	Form 6.33A
Form 6.61	Form 6.61A
Forms 7.1 and 7.2	Form 7.1A
Form 7.20	Form 7.20A

Amendments to Schedule 5

560

Schedule 5 (punishment of offences under the Rules) is amended as follows.

• (1) In column 2 (General nature of offence), for “notification as to progress of administration” substitute “a progress report”.

• (2) In column 2 (General nature of offence), after “automatic end of administration” add “and progress report”.

• (3) In column 2 (General nature of offence), before “administrator’s duties” insert “Failure to comply with”.

• (4) In column 2 (General nature of offence), for “notification as to progress of receivership” substitute “requisite accounts of receipts and payments as receiver”.

• (5) In column 4 (Punishment), for “One-fifth of the statutory maximum” wherever it appears substitute “Level 3 on the standard scale”.

• (6) In column 5 (Daily default fine (where applicable)), for “One-fiftieth of the statutory maximum” wherever it appears substitute “One-tenth of level 3 on the standard scale”.

SCHEDULE 2 — New Forms

Form 4.53A

Form 6.13A

Form 6.15A

Form 6.17A

Form 6.18A

Form 6.33A

Form 6.61A

Form 7.1A

Form 7.20A

SCHEDULE 3 — Part 12A of the Insolvency Rules 1986

SCHEDULE 4 — Transitional provisions

General

1

• (1) The amendments to the 1986 Rules made by these Rules apply as provided in sub-paragraphs (2) to (10) except where any of paragraphs 2 to 6 provides differently.

• (2) They apply where a person agrees to act as nominee in respect of a proposal for a company voluntary arrangement on or after 6th April 2010.

• (3) They apply where a company enters administration on or after 6th April 2010, except where—

• (a) it enters administration by virtue of an administration order under paragraph 10 of Schedule B1 to the Act on an application made before 6th April 2010;

• (b) the administration is immediately preceded by a voluntary liquidation in respect of which the resolution to wind up was passed before 6th April 2010, or

• (c) the administration is immediately preceded by a liquidation on the making of a winding-up order on a petition which was presented before 6th April 2010.

• (4) They apply where, in a receivership, a receiver or manager is appointed in respect of a company on or after 6th April 2010.

• (5) They apply where a company goes into liquidation upon the passing on or after 6th April 2010 of a resolution to wind up.

• (6) They apply where a company goes into voluntary liquidation under paragraph 83 of Schedule B1 to the Act, except where the preceding administration—

• (a) commenced before 6th April 2010, or

• (b) is an administration which commenced by virtue of an administration order under paragraph 10 of Schedule B1 to the Act on an application which was made before 6th April 2010.

• (7) They apply where a company goes into liquidation on the making of a winding-up order on a petition presented on or after 6th April 2010, except where the liquidation is immediately preceded by—

• (a) an administration under paragraph 10 of Schedule B1 to the Act where the administration order was made on an application made before 6th April 2010;

• (b) an administration in respect of which the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the Act took effect before 6th April 2010, or

• (c) a voluntary liquidation in respect of which the resolution to wind up was passed before 6th April 2010.

• (8) They apply where a person agrees to act as nominee in respect of a proposal for an individual voluntary arrangement on or after 6th April 2010.

• (9) They apply where a debt relief order is made on or after 6th April 2010.

• (10) They apply where a bankruptcy order is made on a petition presented on or after 6th April 2010.

Revocations and amendments relating to new provisions in the Act, otiose provisions in the Rules, leave, signature, affidavits, electronic notices and court procedure

2

• (1) The following apply on and after 6th April 2010 in all cases—

• (a) the revocation by Rule 5 of the following Rules in the 1986 Rules: 1.2, 2.73, 4.77, 4.190, 6.20, 6.36, 6.99, 6.102 and 6.235;

• (b) the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 21(3), 22, 35, 36(2) to (4), 37, 40(3), 42, 43(4), 45(4), 66(5) and (6), 95, 97(2), 99(3), 106, 108(3), 109, 113, 114, 116(2) and (3)(a), 117, 142(2), 143, 146(2) to (5), (7) and (8)(a), 149(3), 150(2), (3)(a) and (4), 154 to 156, 161, 162(2) to (6) and (8), 165(2) and (3)(a) and (c), 166, 168(2), 169, 170(2) and (3), 171, 173, 210(2)(a) and (c), 211(2)(a) and (c), 222(4)(a) and (c), 226(2)(a) and (c), 248(2) and (3)(b), 250, 254(3), 255(4) and (5), 256, 260, 266(2)(a) and (b), (3) and (4), 282, 291(2), (3) and (4)(a), 296, 297, 300, 301(2) and (3), 302(2), 303, 304(3) and (4), 307(2) and (3), 308, 309, 310(2), 314, 315(3), 317(3), 320, 326, 328, 330(2)(a) and (c), 331 to 335, 337, 365(a) and (c), 383, 384(2), (3)(a) and (4), 385, 391(2), 393(2) and (3)(b), 395, 397(2)(a) and (c), 398(2) and (3), 399, 401(2) and (3)(a), 402(2), 403, 404(3)(b), 406, 416, 419, 420, 422, 423, 424(2) and (3)(b), 425, 426, 428, 429, 430(2) and (3)(b), 431, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 503, 504, 505(3) and (4), 513 to 516, 518(2) and (3), 519 to 523, 525, 526, 528, 530 to 536, 539 to 544, 546, 548, 551, 554, 555, 558 (so far as it relates to Forms 6.13, 6.17, 6.18, 7.1 and 7.2 and new Forms 6.13A, 6.17A, 6.18A and 7.1A) and 559(5) and (6);

• (c) the insertion by Rule 4 into the 1986 Rules of new Rules 12A.6 to 12A.14, 12A.30 to 12A.32 and 12A.55 as set out in Schedule 3 to these Rules.

• (2) In sub-paragraphs (3) and (4), “unamended provision” means a provision in the 1986 Rules as it has effect immediately before 6th April 2010, and “amended provision” means a provision in those Rules as amended or substituted by these Rules.

• (3) Where—

• (a) an unamended provisionrefers to an affidavit, the swearing of an affidavit or the deponent to an affidavit,

• (b) the corresponding amended provisionrefers to a witness statement, the making of a witness statement or a person making a witness statement, and

• (c) the unamended provision continues to apply to any extent on or after 6th April 2010,

the references in the unamended provision to an affidavit, the swearing of an affidavit or the deponent to an affidavit are to be read as references to a witness statement, the making of a witness statement or a person making a witness statement respectively, even though the unamended provision and not thecorresponding amended provision otherwise applies.

• (4) Where an amended provision (“provision A”) refers to a witness statement, the making of a witness statement or a person making a witness statement as referred to or provided for in another amended provision (“provision B”), the reference in provision A includes a reference to an affidavit, the swearing of an affidavit or the deponent to an affidavit (as the case may be) as referred to or provided for in the unamended provision which corresponds to provision B.

Amendments relating to preparation of proposals for voluntary arrangements

3

• (1) The amendments made by paragraphs 3(2) and 8 of Schedule 1 to these Rules apply where a copy of the proposal for a company voluntary arrangement is delivered to the intended nominee on or after 6th April 2010.

• (2) The amendments made by paragraph 263(2) of Schedule 1 to these Rules apply where a copy of the proposal for an individual voluntary arrangement is delivered to the intended nominee on or after 6th April 2010.

Amendment relating to debt relief orders

4

The amendments made by paragraph 299 of Schedule 1 to these Rules apply where an application for a debt relief order is made on or after 6th April 2010.

Amendments relating to remote attendance at meetings

5

• (1) The insertion by Rule 4 into the 1986 Rules of new Rules 12A.22 to 12A.27 as set out in Schedule 3 to these Rules applies on and after 6th April 2010 in all cases except as provided in sub-paragraph (2).

• (2) Paragraph (5) of new Rule 12A.22 applies only in cases in which new Rule 4.49D or 6.78B (inserted by paragraphs 174 and 338 of Schedule 1 to these Rules respectively) applies.

• (3) The insertion of new Rule 13.9A into the 1986 Rules by paragraph 497 of Schedule 1 to these Rules applies on and after 6th April 2010 in all cases for the purposes of new Rules 12A.24 and 12A.25, but otherwise applies in accordance with paragraph 1 of this Schedule.

Forms

6

• (1) In this paragraph, “old Schedule 4” means Schedule 4 to the 1986 Rules as it has effect immediately before 6th April 2010.

• (2) Notwithstanding the preceding provisions of this Schedule, a form contained in old Schedule 4 may be sent to or filed with the registrar of companies without regard to an amendment, substitution or revocation provided for in these Rules only if the event which creates the obligation so to send or file it occurs before 6th April 2010.

• (3) In any other case in which the provisions of this Schedule other than this paragraph would have the effect that a form contained in old Schedule 4 should be sent to or filed with the registrar of companies without regard to an amendment, substitution or revocation provided for in these Rules, the form must not be so sent or filed but, where appropriate, that form as amended or substituted by these Rules must be sent or filed, with such variations, if any, as the circumstances may require.

SCHEDULE 5 — Special administration regimes and old administrations

Interpretation and saving

1

• (1) In this Schedule, “the former Rules” has the meaning given by Rule 5(4) of the Insolvency Amendment Rules 2003[^f00035].

• (2) Nothing in this Schedule has any effect to the extent that it is inconsistent with old Part 2 of the Act (as defined in Rule 5(4) of the Insolvency Amendment Rules 2003).

General

2

• (1) In this paragraph, “the general Parts of the 1986 Rules” mean Parts 0 and 7 to 13 of the 1986 Rules; and—

• (a) the unamended general Parts are those Parts as they have effect immediately before 6th April 2010;

• (b) the amended general Parts are those Parts (including Part 12A) as they have effect on and after that date.

• (2) The amended general Parts of the 1986 Rules apply in relation to Part 2 of the former Rules in any case in which a petition for an administration order is presented on or after 6th April 2010, except as provided in sub-paragraphs (3) to (6).

• (3) The following amendments to the general Parts apply in relation to Part 2 of the former Rules on and after 6th April 2010 in all cases—

• (a) the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 558 (so far as it relates to Forms 7.1 and 7.2 and new Form 7.1A) and 559(5) and (6);

• (b) the insertion by Rule 4 into the 1986 Rules of new Rules 12A.6 to 12A.14, 12A.22 to 12A.27, 12A.31, 12A.32 and 12A.55 as set out in Schedule 3 to these Rules.

• (4) In all cases on or after 6th April 2010—

• (a) subject to new Rules 12A.31 and 12A.32 and sub-paragraphs (b) and (c), the forms contained in Schedule 4 to the former Rules must continue to be used, with such variations, if any, as the circumstances may require, in proceedings to which Part 2 of the former Rules apply;

• (b) where an amendment provided for in paragraphs 502(3) to (6) of Schedule 1 to these Rules is capable of being applied, with or without variation, to such a form, that amendment must be so applied;

• (c) where in consequence of an amendment made or applied by this Schedule, a form contained in Schedule 4 to the 1986 Rules as amended by these Rules (a “new form”) is more apt, with or without variation, than a form contained in Schedule 4 to the former Rules, with or without variation, the new form (with or without variation, as the case may be) must be used;

• (d) the Secretary of State, the official receiver or an insolvency practitioner may incorporate a barcode or other reference or recognition mark into any such form a copy of which is received by any of them or is sent to any person by any of them.

• (5) The insertion of new Rule 13.9A into the 1986 Rules by paragraph 497 of Schedule 1 to these Rules applies in relation to Part 2 of the former Rules on and after 6th April 2010 in all cases for the purposes of new Rules 12A.24 and 12A.25, but otherwise applies in accordance with sub-paragraph (2).

• (6) Where the interpretation or application of anything in Part 2 of the former Rules is related to a provision in the unamended general Parts of the 1986 Rules and there is no provision corresponding to that provision in the amended general Parts, that provision in the unamended general Parts continues to have effect for the purposes of that interpretation or application.

Specific amendments

3

Part 2 of the former Rules is amended by paragraph 1 of Schedule 1 to these Rules.

4

• (1) Where a Rule (other than Rule 2.8) in Part 2 of the former Rules refers to an affidavit, the swearing of an affidavit or the deponent to an affidavit, it is to be read as referring to a witness statement verified by a statement of truth in accordance with Part 22 of the Civil Procedure Rules 1998[^f00036], the making of such a witness statement or a person making such a witness statement respectively.

• (2) Rule 2.8 of the former Rules is amended as follows—

• (a) for paragraph (1) substitute—

(1) Service of the application must be verified by a certificate of service. (1A) The certificate of service must be sufficient to identify the application served and must specify— (a) the name and registered number of the company or society, (b) the address of the registered office of the company or society, (c) the name of the applicant, (d) the court to which the application was made and the court reference number, (e) the date of the application, (f) whether the copy served was a sealed copy, (g) the date on which service was effected, and (h) the manner in which service was effected.

• (b) in paragraph (2), for “affidavit of service, with a sealed copy of the application exhibited to it,” substitute “certificate of service”.

5

• (1) Rule 2.14 of the former Rules is amended as follows

• (2) In paragraph (3), for “an ex partehearing” substitute “a hearing without notice to any other party”.

Transitional provision for affidavits

6

• (1) In sub-paragraph (2), “unmodified provision” means a provision in the former Rules as it has effect immediately before 6th April 2010, and “modified or amended provision” means—

• (a) a provision in Part 2 of the former Rules as modified or amended by paragraph 4, or

• (b) a provision in Part 4 of the 1986 Rules as amended or substituted by these Rules.

• (2) Where a modified or amended provision (“provision A”) refers to a witness statement, the making of a witness statement or a person making a witness statement as referred to or provided for in another modified or amended provision (“provision B”), the reference in provision A includes a reference to an affidavit, the swearing of an affidavit or the deponent to an affidavit (as the case may be) as referred to or provided for in the unmodified provision which corresponds to provision B.

Signed

Jack Straw — Lord Chancellor and Secretary of State for Justice — 3rd March 2010

Ministry of Justice

I concur, by the authority of the Lord Chief Justice

The Rt Hon Sir Andrew Morritt — The Chancellor of the High Court — 3rd March 2010

I concur, {on behalf of the Secretary of State}

Ian Lucas — Minister for Business and Regulatory Reform — 3rd March 2010

Department for Business, Innovation and Skills

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules make numerous amendments to the Insolvency Rules 1986. Except as noted below, they apply in England and Wales only.

Rule 2 introduces Schedule 1, which contains 559 paragraphs of amendments:

• paragraph 1 contains amendments which apply throughout the 1986 Rules, other than in Schedule 4 (forms);

• paragraphs 2 to 500 contain specific amendments to particular Rules and insert some new Rules: the amendments in paragraphs 111 (Rule 3.1) and 137 (Rule 3.39) apply also in Scotland to the extent provided by Rule 0.3(2) of the 1986 Rules;

• paragraph 501 contains amendments to the list of courts in which bankruptcy petitions may be presented;

• paragraph 502 deletes a large number of forms and contains amendments which apply throughout the remaining forms;

• paragraphs 503 to 557 contain specific amendments to particular forms;

• paragraph 558 provides for the replacement of ten forms with nine new ones, as set out in Schedule 2;

• paragraph 559 amends Schedule 5 to the 1986 Rules (punishment of offences).

Rule 3 introduces Schedule 2, which sets out the nine new forms provided for in paragraph 558 of Schedule 1.

Rule 4 inserts a new Part 12A into the Rules, as set out in Schedule 3.

Rule 5 revokes a number of the 1986 Rules.

Rule 6 introduces Schedule 4, which sets out transitional provisions, and provides a special transitory provision in respect of annual meetings in voluntary liquidations (which are being abolished).

Rule 7 introduces Schedule 5, which provides for amendment to the provisions applying to administrations which continue to be governed by the law as it stood before the Enterprise Act 2002.

Rule 8 inserts an additional transitional provision into the Insolvency (Amendment) Rules 2009.

Footnotes

[^f00001]: 1986 c. 45.

[^f00002]: Sections 411 and 412 were amended by the Insolvency Act 1986 (Amendment) Regulations 2002 (S.I. 2002/1037).

[^f00003]: Subsections (7) of section 411 and (6) of section 412 were inserted by 2005 c. 4, s. 15(1) and Schedule 4, paragraphs 185, 188(1) and (3) and 189(1) and (3).

[^f00004]: S.I. 1986/1925; relevant amending instruments are S.I. 1987/1919, 1993/602, 1999/359, 1022, 2001/763, 2002/1307, 2712, 2003/1730, 2004/584, 1070, 2005/527, 2006/1674, 2009/642, 2472.

[^f00005]: Sections 93 and 105 will cease to have effect in respect of the voluntary winding up of companies registered in England and Wales where the resolution is passed on or after 6th April 2010, by virtue of S.I. 2010/18, articles 6(2) and (4) and 12(2).

[^f00006]: 2002 c. 40; paragraph (aa) of section 249(1) was inserted by 2003 c. 37, s. 101 and Schedule 8, paragraph 55(1) and (3).

[^f00007]: S.I. 2009/642.

[^f00008]: Schedule B1 was inserted by 2002 c. 40, s. 248(2) and Schedule16.

[^f00009]: Section 1A was inserted by 2000 c. 39, s. 1 and Schedule 1, paragraphs 1 and 2.

[^f00010]: Schedule A1 was inserted by 2000 c. 39, s. 1 and Schedule 1, paragraphs 1 and 4.

[^f00011]: Civil Procedure Rules 1998 (S.I. 1998/3132), as defined by 1986/1925, Rule 0.2(1).

[^f00012]: Section 176A was inserted by 2002 c. 40, s. 252.

[^f00013]: 2006 c. 46.

[^f00014]: By virtue of Rule 4.1(4), the presence of the words “(NO CVL APPLICATION)” after the heading to a Rule or at the end of a paragraph in Part 4 excludes the application of the Rule or paragraph from creditors’ voluntary winding up.

[^f00015]: Sections 92A and 104A were inserted by S.I. 2010/18.

[^f00016]: Subsection (2A) was inserted by S.I. 2009/864.