The Insolvency (Amendment) Rules 2013

Made: 21st August 2013

Laid before Parliament: 3rd September 2013

Coming into force: 1st October 2013

The Lord Chancellor makes the following Rules in exercise of the powers conferred by section 412[^f00002] of the Act, and with the concurrence of the Secretary of State.

Citation and commencement

1

These Rules may be cited as the Insolvency (Amendment) Rules 2013 and come into force on 1st October 2013.

Transitional provisions

2

The revocations and amendments made by this instrument apply only in relation to a bankruptcy order that is made on or after 1st October 2013.

Amendments to the Insolvency Rules 1986

3

• (1) The Insolvency Rules 1986[^f00003] are amended as follows.

• (2) Chapter 21A of Part 6 (notice under section 279(2)) is revoked.

• (3) In paragraph (6) of rule 6A.4 (entry of information onto the individual insolvency register), omit “or section 279(2)”.

Amendments to the Insolvency (Amendment) Rules 2003

4

• (1) Schedule 1 to the Insolvency (Amendment) Rules 2003[^f00004] is amended as follows.

• (2) Paragraph 46 of Part 6 is revoked.

• (3) In paragraph 53 of Part 7, the words “or section 279(2)” are revoked.

Signed

Chris Grayling — Lord Chancellor — Ministry of Justice — 21st August 2013

I concur, on behalf of the Secretary of State

Jo Swinson — Parliamentary Under Secretary of State for Employment relations and Consumer Affairs — Department for Business, Innovation and Skills — 14th August 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

These Rules make amendments to the Insolvency Rules 1986 (S.I. 1986/1925) and the Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), required as a consequence of the repeal of s.279(2) Insolvency Act 1986 (c. 45) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded). This repeal is made by s.73 of and Part 3 of Schedule 21 to the Enterprise and Regulatory Reform Act 2013 (c. 24). Under s.279(2) Insolvency Act 1986 a bankrupt could be discharged in a period of less than one year (“early discharge”).

Amendments to the Insolvency Rules 1986 were made by the Insolvency (Amendment) Rules 2003 to include a chapter relating to early discharge and to provide for early discharge to be noted on the individual insolvency register.

Rule 3 removes the provisions relating to early discharge in the Insolvency Rules 1986 and rule 4 removes them from the Insolvency (Amendment) Rules 2003.

Rule 2 contains transitional provisions that restrict the changes made by this instrument to bankruptcy orders made from the date this instrument comes into effect.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Insolvency Service, 4 Abbey Orchard Street, London SW1P 2HT or from www.insolvencydirect.bis.gov.uk and is published with the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1986 c. 45.

[^f00002]: Section 412 was amended by the Insolvency Act (Amendment) Regulations 2002 (S.I. 2002/1037).

[^f00003]: S.I. 1986/1925; relevant amending instruments are S.I. 2003/1730 and 2004/584; there are other amending instruments but none is relevant.

[^f00004]: S.I. 2003/1730.