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The Insolvency (England and Wales) Rules 2016

Type Statutory-Instrument

Publication 2016-10-18

Last updated 2025-11-19

State In force

Department King's Printer of Acts of Parliament

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(2) The following may make such an application for one or more of the orders set out in rule 18.36 or 18.37 as applicable—

(a) a secured creditor,

(b) an unsecured creditor with either—

(i) the concurrence of at least 10% in value of the unsecured creditors (including that creditor), or

(ii) the permission of the court, or

(i) members of the company with at least 10% of the total voting rights of all the members having the right to vote at general meetings of the company, or

(ii) a member of the company with the permission of the court.

(3) The application by a creditor or member must be made no later than eight weeks after receipt by the applicant of the progress report under rule 18.3, or final report or account under rule 18.14 which first reports the charging of the remuneration or the incurring of the expenses in question (“the relevant report”).

Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

[Note: where a bankrupt is applying for an annulment under section 282(1)(b) the bankrupt may also make an application in respect of the trustee’s remuneration or expenses. See rule 10.134.]

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(1) A bankrupt may, with the permission of the court, make an application on the grounds that—

(a) the remuneration charged by the office-holder is in all the circumstances excessive;

(b) the expenses incurred by the office-holder are in all the circumstances excessive.

(2) The bankrupt may make such an application for one or more of the orders set out in rule 18.36(4).

(3) The application must be made no later than eight weeks after receipt by the bankrupt of the report under rule 10.87.

(4) The court must not give the bankrupt permission to make an application unless the bankrupt shows that—

(a) there is (or would be but for the remuneration or expenses in question); or

(b) 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.

(5) Paragraph (4) is without prejudice to the generality of the matters which the court may take into account in determining whether to give the bankrupt permission.

Applications under rules 18.34 and 18.35 where the court has given permission for the application

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(1) This rule applies to applications made with permission under rules 18.34 and 18.35.

(2) Where the court has given permission, it must fix a venue for the application to be heard.

(3) The applicant must, at least 14 days before the hearing, deliver to the office-holder a notice stating the venue and accompanied by a copy of the application and of any evidence on which the applicant intends to rely.

(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 office-holder is entitled to charge;

(b) an order reducing any fixed rate or amount;

(d) an order that some or all of the remuneration or expenses in question is not to be treated as expenses of the administration, winding up or bankruptcy;

(e) an order for the payment of the amount of the excess of remuneration or expenses or such part of the excess as the court may specify by —

(i) the administrator or liquidator or the administrator's or liquidator's personal representative to the company, or

(ii) the trustee or the trustee's personal representative to such person as the court may specify as property comprised in the bankrupt's estate;

(f) any other order that it thinks just.

(5) An order under paragraph (4)(b) or (c) may only be made in respect of periods after the period covered by the relevant report.

(6) Unless the court orders otherwise the costs of the application must be paid by the applicant, and are not payable as an expense of the administration, winding up or bankruptcy.

Applications under rule 18.34 where the court’s permission is not required for the application

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(1) On receipt of an application under rule 18.34 for which the court's permission is not required, the court may, if it is satisfied that no sufficient cause is shown for the application, dismiss it without giving notice to any party other than the applicant.

(2) Unless the application is dismissed, the court must fix a venue for it to be heard.

(3) The applicant must, at least 14 days before any hearing, deliver to the office-holder a notice stating the venue with a copy of the application and of any evidence on which the applicant intends to rely.

(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 office-holder is entitled to charge;

(b) an order reducing any fixed rate or amount;

(d) an order that some or all of the remuneration or expenses in question be treated as not being expenses of the administration or winding up or bankruptcy;

(e) an order for the payment of the amount of the excess of remuneration or expenses or such part of the excess as the court may specify by —

(i) the administrator or liquidator or the administrator's or liquidator's personal representative to the company, or

(ii) the trustee or the trustee's personal representative to such person as the court may specify as property comprised in the bankrupt's estate;

(f) any other order that it thinks just.

(5) An order under paragraph (4)(b) or (c) may only be made in respect of periods after the period covered by the relevant report.

(6) Unless the court orders otherwise the costs of the application must be paid by the applicant, and are not payable as an expense of the administration or as winding up or bankruptcy.

Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor

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(1) A liquidator or trustee who realises assets on behalf of a secured creditor is entitled to such sum by way of remuneration as is arrived at as follows, unless the liquidator or trustee has agreed otherwise with the secured creditor—

(a) in a winding up—

(i) where the assets are subject to a charge which when created was a mortgage or a fixed charge, such sum as is arrived at by applying the realisation scale in Schedule 11 to the monies received in respect of the assets realised (including any sums received in respect of Value Added Tax on them but after deducting any sums spent out of money received in carrying on the business of the company),

(ii) where the assets are subject to a charge which when created was a floating charge such sum as is arrived at by—

(aa) first applying the realisation scale in Schedule 11 to monies received by the liquidator from the realisation of the assets (including any Value Added Tax on the realisation but ignoring any sums received which are spent in carrying on the business of the company),

(bb) then by adding to the sum arrived at under sub-paragraph (a)(ii)(aa) such sum as is arrived at by applying the distribution scale in Schedule 11 to the value of the assets distributed to the holder of the charge and payments made in respect of preferential debts; or

(b) in a bankruptcy such sum as is arrived at by applying the realisation scale in Schedule 11 to the monies received in respect of the assets realised (including any Value Added Tax on them).

(2) The sum to which the liquidator or trustee is entitled must be taken out of the proceeds of the realisation.

PART 19 — Disclaimer in winding up and bankruptcy

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application of this Part

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This Part applies to disclaimer by a liquidator under section 178 (winding up) and by a trustee under section 315 (bankruptcy).

Notice of disclaimer (sections 178 and 315)

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(1) An office-holder's notice of disclaimer of property under section 178 (winding up) or section 315 (bankruptcy) must (as appropriate)—

(a) have the title—

(i) “Notice of disclaimer under section 178 of the Insolvency Act 1986” (in the case of a winding up), or

(ii) “Notice of disclaimer under section 315 of the Insolvency Act 1986” (in the case of a bankruptcy);

(b) identify the company or the bankrupt;

(d) contain such particulars of the property disclaimed as will enable it to be easily identified;

(e) state—

(i) that the liquidator of the company disclaims all the company's interest in the property, or

(ii) that the trustee of the bankrupt's estate disclaims all the bankrupt's interest in the property.

(2) The notice must be authenticated and dated by the office-holder.

(3) If the property consists of registered land—

(a) the notice must state the registered title number; and

(b) the office-holder must deliver a copy of the notice to the Chief Land Registrar as soon as reasonably practicable after authenticating the notice.

(4) The liquidator must, as soon as reasonably practicable after authenticating the notice, deliver a copy of the notice to the registrar of companies.

(5) The trustee must, as soon as reasonably practicable after authenticating the notice, file a copy of the notice—

(a) with the court; or

(b) where the bankruptcy is based on a bankruptcy application, on the bankruptcy file.

(6) If the property consists of land or buildings the nature of the interest must be stated in the notice.

(7) The date of disclaimer for the purposes of section 178(4)(a) (winding up) or section 315(3)(a) (bankruptcy) is the date on which the liquidator or trustee authenticated the notice.

Notice of disclaimer to interested persons (sections 178 and 315)

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(1) The office-holder must deliver a copy of the notice of disclaimer within seven business days after the date of the notice to every person who (to the office-holder's knowledge)—

(a) claims an interest in the disclaimed property;

(b) is under any liability in relation to the property, not being a liability discharged by the disclaimer; and

(2) If it subsequently comes to the office-holder's knowledge that a person has an interest in the disclaimed property which would have entitled that person to receive a copy of the notice under paragraph (1) then the office-holder must deliver a copy to that person as soon as reasonably practicable.

(3) If it subsequently comes to the office-holder's knowledge that a person has an interest in the disclaimed property which would have entitled that person to receive a copy of the notice under rule 19.4 or 19.5 then the office-holder must serve a copy on that person as soon as reasonably practicable.

(4) The office-holder is not required to deliver or serve a copy of a notice under paragraph (2) or (3) if—

(a) the office-holder is satisfied that the person has already been made aware of the disclaimer and its date, or

(b) the court, on the office-holder's application, orders that delivery or service of a copy is not required in the particular case.

Notice of disclaimer of leasehold property (sections 179 and 317)

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Where a notice of disclaimer relates to leasehold property the office-holder must serve any copies of the notice of disclaimer which are required by either section 179 (winding up) or section 317 (bankruptcy) within seven business days after the date of the notice of disclaimer.

Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)

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(1) This rule applies in a bankruptcy where the disclaimer is of property in a dwelling house.

(2) The trustee must serve any copies of the notice of disclaimer which are required by section 318 within seven business days after the date of the notice of disclaimer.

(3) A notice, or copy notice in relation to the disclaimer by a trustee of property in a dwelling house which is to be served on a person under the age of 18 may be served on the person's parent or guardian.

Additional notices of disclaimer

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An office-holder who is disclaiming property may at any time deliver a copy of the notice of the disclaimer to any other person whom the office-holder thinks ought, in the public interest or otherwise, to be informed of the disclaimer.

Records

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The office-holder must include in the records of the insolvency a record of—

(a) the name and address of each person to whom a copy of the notice of disclaimer has been delivered or served under rules 19.3 to 19.6, with the nature of the person's interest;

(b) the date on which the copy of the notice was delivered to or served on that person;

(d) the date on which the trustee filed a copy of the notice with the court or on the bankruptcy file; and

(e) if applicable, the date on which a copy of the notice was delivered to the Chief Land Registrar.

Application for permission to disclaim in bankruptcy (section 315(4))

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(1) This rule applies where section 315(4) requires the trustee to obtain the court's permission to disclaim property claimed for the bankrupt's estate under section 307 or 308.

(2) The trustee may apply for permission without notice to any other party.

(3) The application must be accompanied by a report—

(a) containing such particulars of the property as will enable it to be easily identified;

(b) setting out the reasons why, the property having been claimed for the bankrupt's estate, the trustee is now applying for the court's permission to disclaim it; and

(4) If the report says that any person has consented to the disclaimer, a copy of that consent must accompany the report.

(5) The court may grant the permission, and may, before doing so—

(a) order that notice of the application be delivered to all such persons who, if the property is disclaimed, will be entitled to apply for a vesting or other order under section 320 ; and

(b) fix a venue for the hearing of the application.

Application by interested party for decision on disclaimer (sections 178(5) and 316)

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(1) This rule applies where an interested party makes an application under section 178(5) (winding up) or section 316 (bankruptcy) to the office-holder in respect of any property.

(2) The applicant must deliver the application to the office-holder and must provide proof of delivery in accordance with rule 1.52 if requested.

(3) If in a bankruptcy the trustee cannot disclaim the property concerned without the court's permission and the trustee applies for permission within the period of 28 days mentioned in section 316(1)(b), then the court must extend the time allowed for giving notice of disclaimer to a date not earlier than the date fixed for hearing the application.

Disclaimer presumed valid and effective

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Any disclaimer of property by the office-holder is presumed valid and effective, unless it is proved that the office-holder has been in breach of the office-holder's duties relating to the giving of notice of disclaimer or otherwise under sections 178 to 180 (winding up) or sections 315 to 319 (bankruptcy), or under this Part.

Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)

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(1) This rule applies to an application under section 181 (winding up) or section 320 (bankruptcy) for a court order to vest or deliver disclaimed property.

(2) The application must be made within three months of the applicant becoming aware of the disclaimer, or of the applicant receiving a copy of the office-holder's notice of disclaimer delivered under rule 19.3 to 19.6, whichever is the earlier.

(3) The applicant must file with the application a witness statement stating—

(a) whether the application is made under—

(i) section 181(2)(a) (claim of interest in the property),

(ii) section 181(2)(b) (liability not discharged),

(iii) section 320(2)(a) (claim of interest in the property),

(iv) section 320(2)(b) (liability not discharged), or

(v) section 320(2)(c) (occupation of a dwelling-house);

(b) the date on which the applicant received a copy of the office-holder's notice of disclaimer, or otherwise became aware of the disclaimer; and

(4) The court must fix a venue for hearing the application.

(5) The applicant must, not later than five business days before the date fixed, deliver to the office-holder notice of the venue, accompanied by copies of the application and the filed witness statement.

(6) On hearing the application, the court may give directions as to any other persons to whom notice of the application and the grounds on which it is made should be delivered.

(7) The court must deliver sealed copies of any order made on the application to the applicant and the office-holder.

(8) If the property disclaimed is of a leasehold nature, or in a bankruptcy is property in a dwelling house, and section 179 (winding up), 317 or 318 (bankruptcy) applies to suspend the effect of the disclaimer, the court's order must include a direction giving effect to the disclaimer.

(9) However, paragraph (8) does not apply if, before the order is drawn up, other applications under section 181 (winding up) or section 320 (bankruptcy) are pending in relation to the same property.

PART 20 — Debtors and their families at risk of violence: orders not to disclose current address

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application of this Part and interpretation

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(1) The rules in this Part apply where disclosure or continuing disclosure of the current address or whereabouts of a debtor to other persons (whether to the public generally or to specific persons) 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) In this Part—

“current address” means the debtor's residential address and any address at which the debtor currently carries on business; and

“family” in the expression “debtor's family” has the same meaning in relation to a debtor other than a bankrupt as is provided by section 385(1) in respect of a bankrupt.

Proposed IVA (order for non-disclosure of current address)

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(1) This rule applies where a debtor intends to make a proposal for an IVA and has received notice of consent to act from the nominee.

(2) The debtor may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address.

(3) The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4) If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that if the IVA is approved—

(a) the debtor's current address must be omitted from—

(i) any part of the court file of the proceedings in relation to the debtor's IVA which is open to inspection,

(ii) the debtor's identification details required to be entered on the individual insolvency register under rule 11.14,

(iii) any notice or advertisement under rule 8.36 of an order under section 261 to annul the bankruptcy order where an IVA is approved; and

(b) where there is a requirement in these Rules to identify the debtor, the debtor's identification details must not include details of the debtor's current address.

(5) Where the court makes such an order, it may further order that the details to be entered on the individual insolvency register must include instead 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.

IVA (order for non-disclosure of current address)

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(1) This rule applies where a debtor has entered into an IVA.

(2) The following may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address—

(a) the debtor;

(b) the supervisor;

(d) the Secretary of State.

(3) The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4) If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that—

(a) the debtor's current address must be omitted from—

(i) any part of the court file of the proceedings in relation to the debtor which is open to inspection,

(ii) the debtor's identification details entered or required to be entered on the individual insolvency register under rule 11.14, and

(iii) any notice or advertisement under rule 8.35 of an order under section 261 to annul the bankruptcy order where an IVA is approved; and

(b) where there is a requirement in these Rules to identify the debtor, the debtor's identification details must not include the debtor's current address.

(5) Where the court makes such an order, it may further order that the details to be entered on the individual insolvency register must include instead 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.

Debt relief application (order for non-disclosure of current address)

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(1) This rule applies where a debtor intends to make a debt relief application and has been issued with a unique identifier for the application.

(2) The debtor may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address.

(3) The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4) If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that if a debt relief order is made—

(a) the debtor's current address must be omitted from—

(i) any part of the court file of the proceedings in relation to the debtor which is open to inspection, and

(ii) the debtor's identification details required to be entered on the individual insolvency register under rule 11.18; and

(b) where there is a requirement in these Rules to identify the debtor, the debtor's identification must not include the debtor's current address.

(5) Where the court makes such an order, it may further order that the details to be entered on the individual insolvency register must include instead 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.

Bankruptcy application (order for non-disclosure of current address)

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(1) This rule applies where a debtor intends to make a bankruptcy application and has been issued with a unique identifier for the application.

(2) The debtor may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address.

(3) The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4) If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that if a bankruptcy order is made—

(a) the debtor's current address must be omitted from—

(i) any part of the bankruptcy file which is open to inspection,

(ii) the details in respect of the debtor to be entered on the individual insolvency register under rule 11.16,

(iii) the details in respect of the debtor to be entered in the bankruptcy order; and

(b) where there is a requirement in these Rules to identify the debtor, the debtor's identification details must not include the debtor's current address.

(5) Where the court makes an order under paragraph (4), it may further order that 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, are to be included in—

(a) the details in respect of the debtor kept on or to be entered on the individual insolvency register under rule 11.16;

(b) the details in respect of the debtor included on the bankruptcy file; or

Bankruptcy and debt relief proceedings (order for non-disclosure of current address)

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(1) For the purposes of this rule, “debtor” means a person subject to a bankruptcy order, a debt relief order, a bankruptcy restrictions order, a debt relief restrictions order, a bankruptcy restrictions undertaking or a debt relief restrictions undertaking.

(2) The following may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address—

(a) the debtor;

(b) the official receiver; or

(c) in respect of a bankruptcy order, a bankruptcy restrictions order or a bankruptcy restrictions undertaking, the trustee or the Secretary of State.

(3) The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4) If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that—

(a) the debtor's current address must be omitted from—

(i) any part of the court file or bankruptcy file of the proceedings in relation to the debtor which is open to inspection,

(ii) the debtor's identification details entered or required to be entered on the individual insolvency register under rule 11.16 (bankruptcy orders), rule 11.18 (debt relief orders), or the bankruptcy restrictions register or the debt relief restrictions register under 11.20 (as the case may be), and

(iii) the details in respect of the debtor to be entered in the bankruptcy order or debt relief order;

(b) the full title of the proceedings must be amended by the omission of the debtor's current address; and

(c) where there is a requirement in these Rules to identify the debtor, the debtor's identification details must not include the debtor's current address.

(5) Where the court makes an order under paragraph (4), it may further order that 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, are to be included in—

(a) the full title of any proceedings;

(b) the details in respect of the debtor kept on or to be entered on the relevant register; or

Additional provisions in respect of orders under rule 20.6(4)

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(1) This rule applies where the court is making an order under rule 20.6(4) in respect of a debtor who is subject to a bankruptcy order, a bankruptcy restrictions order or a bankruptcy restrictions undertaking.

(2) The court may make either or both of the following further orders—

(a) that the details of the debtor required to be included in any notice to be gazetted or otherwise advertised must not include the debtor's current address; and.

(b) that the details of the debtor required to be included in any such notice to be gazetted or otherwise advertised must instead of the debtor's current address 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.

(3) Where the court makes an order under rule 20.6(4) amending the full title of the proceedings by the omission of the debtor's current address from the description of the debtor, the official receiver—

(a) must as soon as reasonably practicable deliver notice of it to the Chief Land Registrar, for corresponding amendment of the register; and

(b) may cause notice of the order to be—

(i) gazetted, or

(ii) both gazetted and delivered in such other manner as the official receiver thinks fit.

(4) A notice of the amendment of the title of the proceedings which is published in accordance with paragraph (3)—

(a) must omit the current address of the debtor;

(b) must contain the amended title of the proceedings, and the date of the bankruptcy order; and

PART 21 — The EU Regulation

Note: "Local creditor” is defined in Article 2(11) of the EU Regulation.

Interpretation for this Part

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Conversion into winding up proceedings or bankruptcy: application

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Conversion into winding up proceedings or bankruptcy: court order

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Confirmation of creditors' voluntary winding up: application

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(1) This rule applies where—

(a) a company has passed a resolution for voluntary winding up, and either—

(i) no declaration of solvency has been made in accordance with section 89, or

(ii) a declaration made under section 89—

(aa) has no effect by virtue of section 89(2), or

(bb) is treated as not having been made by virtue of section 96 ; or

(b) a company has moved from administration to creditors' voluntary winding up in accordance with paragraph 83 of Schedule B1 .

(2) The liquidator may apply to court for an order confirming the winding up as a creditors' voluntary winding up for the purposes of the EU Regulation.

(3) The application must be supported by a witness statement made by the liquidator which must contain—

(a) identification details for the liquidator and the company;

(b) the date on which the resolution for voluntary winding up was passed;

(d) a statement that the documents required by paragraph (4)(c) and (d) are true copies of the originals; and

(e) a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply and the reasons for so stating.

(4) The liquidator must file with the court—

(a) two copies of the application;

(b) evidence of having been appointed liquidator of the company;

(i) the resolution for voluntary winding up, or

(ii) the notice of moving from administration to creditors' voluntary winding up sent by the administrator to the registrar of companies under paragraph 83(3) of Schedule B1; and

(d) a copy of—

(i) the statement of affairs required by section 99 or under paragraph 47 of Schedule B1, or

(ii) the information included in the administrator's statement of proposals under rule 3.35(1)(h).

Confirmation of creditors' voluntary winding up: court order

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(1) On an application under the preceding rule, the court may make an order confirming the creditors' voluntary winding up.

(2) It may do so without a hearing.

(3) If the court makes an order confirming the creditors' voluntary winding up, it must affix its seal to the application.

(4) A member of the court staff may deal with an application under this rule.

Confirmation of creditors' voluntary winding up: notice to member State liquidator

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Member State liquidator: duty to give notice

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Member State liquidator: rules on creditors' participation in proceedings

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PART 22 — PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Preliminary

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(1) The rules in this Part—

(a) relate to permission required under section 216 (restriction on re-use of name of company in insolvent liquidation) for a person to act as mentioned in section 216(3) in relation to a company with a prohibited name;

(b) prescribe the cases excepted from that provision, that is to say, in which a person to whom the section applies may so act without that permission; and

Application for permission under section 216(3)

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(1) At least 14 days' notice of any application for permission to act in any of the circumstances which would otherwise be prohibited by section 216(3) must be given by the applicant to the Secretary of State, who may—

(a) appear at the hearing of the application; and

(b) whether or not appearing at the hearing, make representations.

Power of court to call for liquidator's report

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When considering an application for permission under section 216, the court may call on the liquidator, or any former liquidator, of the liquidating company for a report of the circumstances in which the company became insolvent and the extent (if any) of the applicant's apparent responsibility for its doing so.

First excepted case

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(1) This rule applies where—

(a) a person (“the person”) was within the period mentioned in section 216(1) a director, or shadow director, of an insolvent company that has gone into insolvent liquidation; and

(b) the person acts in all or any of the ways specified in section 216(3) in connection with, or for the purposes of, the carrying on (or proposed carrying on) of the whole or substantially the whole of the business of the insolvent company where that business (or substantially the whole of it) is (or is to be) acquired from the insolvent company under arrangements—

(i) made by its liquidator, or

(ii) made before the insolvent company entered into insolvent liquidation by an office-holder acting in relation to it as administrator, administrative receiver or supervisor of a CVA.

(2) The person will not be taken to have contravened section 216 if prior to that person acting in the circumstances set out in paragraph (1) a notice is, in accordance with the requirements of paragraph (3),—

(a) given by the person, to every creditor of the insolvent company whose name and address—

(i) is known by that person, or

(ii) is ascertainable by that person on the making of such enquiries as are reasonable in the circumstances; and

(b) published in the Gazette.

(3) The notice referred to in paragraph (2)—

(a) may be given and published before the completion of the arrangements referred to in paragraph (1)(b) but must be given and published no later than 28 days after their completion;

(b) must contain—

(i) identification details for the company,

(ii) the name and address of the person,

(iii) a statement that it is the person's intention to act (or, where the insolvent company has not entered insolvent liquidation, to act or continue to act) in all or any of the ways specified in section 216(3) in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent company,

(iv) the prohibited name or, where the company has not entered into insolvent liquidation, the name under which the business is being, or is to be, carried on which would be a prohibited name in respect of the person in the event of the insolvent company entering insolvent liquidation,

(v) a statement that the person would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986,

(vi) a statement that breach of the prohibition created by section 216 is a criminal offence, and

(vii) a statement as set out in rule 22.5 of the effect of issuing the notice under rule 22.4(2);

(c) where the company is in administration, has an administrative receiver appointed or is subject to a CVA, must contain—

(i) the date that the company entered administration, had an administrative receiver appointed or a CVA approved (whichever is the earliest), and

(ii) a statement that the person was a director of the company on that date; and

(d) where the company is in insolvent liquidation, must contain—

(i) the date that the company entered insolvent liquidation, and

(ii) a statement that the person was a director of the company during the 12 months ending with that date.

(4) Notice may in particular be given under this rule—

(a) prior to the insolvent company entering insolvent liquidation where the business (or substantially the whole of the business) is, or is to be, acquired by another company under arrangements made by an office-holder acting in relation to the insolvent company as administrator, administrative receiver or supervisor of a CVA (whether or not at the time of the giving of the notice the person is a director of that other company); or

(b) at a time when the person is a director of another company where—

(i) the other company has acquired, or is to acquire, the whole, or substantially the whole, of the business of the insolvent company under arrangements made by its liquidator, and

(ii) it is proposed that after the giving of the notice a prohibited name should be adopted by the other company.

(5) Notice may not be given under this rule by a person who has already acted in breach of section 216.

Statement as to the effect of the notice under rule 22.4(2)

22

The statement as to the effect of the notice under rule 22.4(2) must be as set out below—

Second excepted case

22

(1) Where a person to whom section 216 applies as having been a director or shadow director of the liquidating company applies for permission of the court under that section not later than seven business days from the date on which the company went into liquidation, the person may, during the period specified in paragraph (2) below, act in any of the ways mentioned in section 216(3), notwithstanding that the person does not have the permission of the court under that section.

(2) The period referred to in paragraph (1) begins with the day on which the company goes into liquidation and ends either on the day falling six weeks after that date or on the day on which the court disposes of the application for permission under section 216, whichever of those days occurs first.

Third excepted case

22

The court's permission under section 216(3) is not required where the company there referred to though known by a prohibited name within the meaning of the section—

(a) has been known by that name for the whole of the period of 12 months ending with the day before the liquidating company went into liquidation; and

(b) has not at any time in those 12 months been dormant within the meaning of section 1169(1), (2) and (3)(a) of the Companies Act .

SCHEDULE 1 — Revocations

The Insolvency Rules 1986	1986/1925
The Insolvency (Amendment) Rules 1987	1987/1919
The Insolvency (Amendment) Rules 1989	1989/397
The Insolvency (Amendment) Rules 1991	1991/495
The Insolvency (Amendment) Rules 1993	1993/602
The Insolvency (Amendment) Rules 1995	1995/586
The Insolvency (Amendment) Rules 1999	1999/359
The Insolvency (Amendment) (No. 2) Rules 1999	1999/1022
The Insolvency (Amendment) Rules 2001	2001/763
The Insolvency (Amendment) Rules 2002	2002/1307
The Insolvency (Amendment) (No. 2) Rules 2002	2002/2712
The Insolvency (Amendment) Rules 2003	2003/1730
The Insolvency (Amendment) Rules 2004	2004/584
The Insolvency (Amendment) (No. 2) Rules 2004	2004/1070
The Insolvency (Amendment) Rules 2005	2005/527
The Insolvency (Amendment) Rules 2006	2006/1272
The Insolvency (Amendment) Rules 2007	2007/1974
The Insolvency (Amendment) Rules 2008	2008/737
The Insolvency (Amendment) Rules 2009	2009/642
The Insolvency (Amendment No. 2) Rules 2009	2009/2472
The Insolvency (Amendment) Rules 2010	2010/686
The Insolvency (Amendment) (No. 2) Rules 2010	2010/734
The Insolvency (Amendment) Rules 2011	2011/785
The Insolvency (Amendment) Rules 2012	2012/469
The Insolvency (Amendment) Rules 2013	2013/2135
The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014	2014/817
The Insolvency (Amendment) Rules 2015	2015/443
The Insolvency (Amendment) Rules 2016	2016/187
The Insolvency (Amendment) (No. 2) Rules 2016	2016/903

SCHEDULE 2 — Transitional and savings provisions

General

1

In this Schedule—

“the 1986 Rules” means the Insolvency Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 rule” followed by a rule number is a reference to a rule in the 1986 Rules; and

“the commencement date” means the date these Rules come into force.

Requirement for office-holder to provide information to creditors on opting out

2

(1) Rule 1.39, which requires an office-holder to provide information to a creditor on the right to opt out under rule 1.38 in the first communication to the creditor, does not apply to an office-holder who has delivered the first communication before the commencement date.

(2) However, such an office-holder may choose to deliver information on the right to opt out in which case the communication to the creditor must contain the information required by rule 1.39(2).

Electronic communication

3

(1) Rule 1.45(4) does not apply where the relevant proceedings commenced before the commencement date.

(2) In this paragraph “commenced” means—

(a) the delivery of a proposal for a voluntary arrangement to the intended nominee;

(b) the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(d) the appointment of an administrative receiver;

(e) the passing or deemed passing of a resolution to wind up a company;

(f) the making of a winding-up order; or

(g) the making of a bankruptcy order.

Statements of affairs

4

(1) The provisions of these Rules relating to statements of affairs in administration, administrative receivership, company winding up and bankruptcy do not apply and the following rules in the 1986 Rules continue to apply where relevant proceedings commenced before the commencement date and a person is required to provide a statement of affairs—

(a) 1986 rules 2.28 to 2.32 (administration);

(b) 1986 rules 3.3 to 3.8 (administrative receivership);

(d) 1986 rules 6.58 to 6.72 (bankruptcy).

(2) In this paragraph “commenced” means—

(a) the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(b) the making of an administration order;

(d) the passing or deemed passing of a resolution to wind up a company;

(e) the making of a winding-up order; or

(f) the making of a bankruptcy order.

Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

5

(1) This paragraph applies where on or after the commencement date—

(a) a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;

(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c) a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors' meeting;

(d) a ... meeting is required by sections 93 or 105 of the 1986 Act in the winding up of a company where the resolution to wind up was passed before 6th April 2010.

(2) Where a meeting is to be held under sub-paragraph (1)(a) to (1)(d), Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a) the requirement to hold the meeting;

(b) notice and advertisement of the meeting;

(d) recording and taking minutes of the meeting;

(e) the report or return of the meeting;

(f) membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;

(g) the office-holder's resignation or removal at the meeting;

(h) the office-holder's release;

(i) fixing the office-holder's remuneration;

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

(l) the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

(m) the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;

(n) claims that remuneration is or that other expenses are excessive; and

(o) complaints about exclusion at the meeting.

(3) Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 2.48, 4.63A or 6.88A, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.

(4) However, any application to the court in respect of such a meeting or vote is to be made in accordance with Part 12 of these Rules.

Savings in respect of final meetings taking place on or after the commencement date

6

(1) This paragraph applies where—

(a) before the commencement date—

(i) a final report to creditors has been sent under 1986 rule 4.49D (final report to creditors in liquidation),

(ii) a final report to creditors and bankrupt has been sent under 1986 rule 6.78B (final report to creditors and bankrupt), or

(iii) a meeting has been called under sections 94, 106, 146 or 331 of the 1986 Act (final meeting ...); and

(b) a meeting under section 94, 106, 146 or 331 of the 1986 Act is held on or after the commencement date.

(2) Where a meeting is held to which this paragraph applies, Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a) the requirement to hold the meeting;

(b) notice and advertisement of the meeting;

(d) recording and taking minutes of the meeting;

(e) the form and content of the final report;

(f) the office-holder's resignation or removal;

(g) the office-holder's release;

(h) fixing the office-holder's remuneration;

(i) requests for further information from creditors;

(j) claims that remuneration is or other expenses are excessive; and

(k) complaints about exclusion at the meeting.

(3) However, any application to the court in respect of such a meeting is to be made in accordance with Part 12 of these Rules.

Progress reports and statements to the registrar of companies

7

(1) Where an obligation to prepare a progress report arises before the commencement date but has not yet been fulfilled the following provisions of the 1986 Rules continue to apply—

(a) 1986 rule 2.47 (reports to creditors in administration;

(b) 1986 rules 4.49B and 4.49C (progress reports—winding up); and

(2) Where before the commencement date, a conversion notice under paragraph 83 of Schedule B1 was sent to the registrar of companies ..., 1986 rule 2.117A(1) continues to apply ....

(3) The provisions of these Rules relating to progress reporting do not apply—

(a) in the case of a bankruptcy, where the bankruptcy order was made on a petition presented before 6th April 2010; or

(b) in the case of a winding up, where the winding-up order was made on a petition presented before 6th April 2010.

(4) Where a voluntary winding up commenced before 6th April 2010, 1986 rule 4.223-CVL as it had effect immediately before that date, continues to apply.

(5) Where rules 18.6, 18.7 or 18.8 prescribe the periods for which progress reports must be made but before the commencement date an office-holder has ceased to act , or an administrator has sent a progress report to creditors in support of a request for their consent to an extension of the administration, resulting in a change in reporting period under 1986 rule 2.47(3A), 2.47(3B) 4.49B(5), 4.49C(3), or 6.78A(4), the period for which reports must be made is the period for which reports were required to be made under the 1986 Rules immediately before the commencement date.

Foreign currency

8

(1) Where, before the commencement date an amount stated in a foreign currency on an application, claim or proof of debt is converted into sterling by the office-holder under 1986 rule 2.86, 1986 rule 4.91, 1986 rule 5A.3 or 1986 rule 6.111, the office-holder and any successor to the office-holder must continue to use that exchange rate for subsequent conversions of that currency into sterling for the purpose of distributing any assets of the insolvent estate.

(2) However when an office-holder, convener, appointed person or chair uses an exchange rate to convert an application, claim or proof in a foreign currency into sterling solely for voting purposes before the commencement date, it does not prevent the office-holder from using an alternative rate for subsequent conversions.

CVA moratoria

9

Where, before the commencement date, the directors of a company submit to the nominee the documents required under paragraph 6(1) of Schedule A1, the 1986 Rules relating to moratoria continue to apply to that proposed voluntary arrangement.

Priority of expenses of voluntary arrangements

10

1986 rule 4.21A (expenses of CVA in a liquidation) and 1986 rule 6.46A (expenses of IVA in a bankruptcy) continue to apply where a winding up or bankruptcy petition is presented or a bankruptcy application is made (as the case may be) before the commencement date.

General powers of liquidator

11

1986 rule 4.184 (General powers of liquidator) continues to apply as regards a person dealing in good faith and for value with a liquidator and in respect of the power of the court or the liquidation committee to ratify anything done by the liquidator without permission before the amendments made to sections 165 and 167 of the Act by section 120(2) and (3) of the Small Business, Enterprise and Employment Act 2015 (which removed the requirements for the liquidator to obtain such permission) came into force.

Fast-track voluntary arrangements

12

Where a fast-track voluntary arrangement is in effect on the commencement date the following 1986 Rules continue to apply to it after the commencement date —

(a) 1986 rules 5.35 to 5.50 (fast-track voluntary arrangement);

(b) 1986 rules 5.57 to 5.59 (application by official receiver to annul a bankruptcy order under section 263D(3)); and

First trustee in bankruptcy

13

On the commencement date the official receiver becomes trustee of the bankrupt's estate where—

(a) a bankruptcy order was made before the commencement date; and

(b) no trustee has yet been appointed.

Applications before the court

14

(1) Subject to paragraph (1A), where an application to court is filed or a petition is presented under the Act or under the 1986 Rules before the commencement date and the court remains seised of that application or petition on the commencement date, the 1986 rules continue to apply to that application or petition.

(1A) Where the 1986 Rules apply by virtue of paragraph (1) they are to apply as though —

(a) in rules 7.47(2)(a)(ii), (b)(iii) and (c) and 13.2(3A)(a) for “a Registrar in Bankruptcy of the High Court” there were substituted “an Insolvency and Companies Court Judge”, and

(b) in rule 7.47(5), for the words “Registrar in Bankruptcy of the High Court” both times they appear there were substituted “Insolvency and Companies Court Judge.

(2) For the purpose of paragraph (1), the court is no longer seised of an application when—

(a) it makes an order having the effect of determining of the application; or

(b) in relation to a petition for bankruptcy or winding up when—

(i) the court makes a bankruptcy order or a winding up order,

(ii) the court dismisses the petition, or

(iii) the petition is withdrawn.

(3) Any application to the court to review, rescind , vary or appeal an order made under paragraph 14(2) is to be made in accordance with Part 12 of these Rules.

Forms

15

A form contained in Schedule 4 to the 1986 Rules may be used on or after the commencement date if—

(a) the form is used to provide a statement of affairs pursuant to paragraph 4 of this Schedule;

(b) the form relates to a meeting held under the 1986 Rules as described in paragraph 5(1) of this Schedule;

(c) the form is required for the administration of a fast-track voluntary arrangement pursuant to paragraph 12 of this Schedule;

(d) the form is required because before the commencement date, the office-holder sought to obtain the passing of a resolution by correspondence; or

(e) the form relates to any application to the court or petition presented before the commencement date.

Registers

16

(1) The Secretary of State must maintain on the individual insolvency register, the bankruptcy restrictions register and the debt relief restrictions register information which is on the registers immediately before the commencement date.

(2) The Secretary of State must also enter on the appropriate register referred to in paragraph (1) information received (but not yet entered on the register) before the commencement date.

(3) The Court's power under Part 20 to order that information must not be entered in those registers where there is a risk of violence applies equally to information received by the Secretary of State before the commencement date but not yet entered on a register.

(4) Any obligation in Part 11 to delete information from a register or to rectify a register applies equally to information entered on the register before these rules come into force.

Administrations commenced before 15th September 2003

17

The 1986 Rules continue to apply to administrations where the petition for an administration order was presented before 15th September 2003.

Set-off in insolvency proceedings commenced before 1st April 2005

18

Where before 1st April 2005 a company has entered administration or gone into liquidation, the office-holder, when calculating any set-off must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005

19

Where before 1st April 2005 a company has entered administration or gone into liquidation or a bankruptcy order has been made, the office-holder, when calculating the value of a future debt for the purpose of dividend (and no other purpose) must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005

20

Rule 12.3 of the 1986 Rules applies, without the amendments made by rule 44 of the Insolvency (Amendment) Rules 2005 to an obligation arising under an order made in family proceedings in any case where a bankruptcy order was made on or before 31 March 2005.

Insolvency practitioner fee estimates

21

(1) Rules 18.4(1)(e), 18.16(4) to (10), and 18.30 do not apply in a case where before 1st October 2015—

(a) the appointment of an administrator took effect;

(b) a liquidator was nominated under section 100(2), or 139(3) of the Act;

(d) a person was directed by the court or appointed to be a liquidator under section 100(3) of the Act;

(e) a liquidator was nominated or the administrator became the liquidator under paragraph 83(7) of Schedule B1 to the Act; or

(f) a trustee of a bankrupt's estate was appointed.

(2) Paragraphs (4) and (5) of rule 18.20 do not apply where an administrator was appointed before 1st October 2015 and—

(a) the company is wound up under paragraph 83 of Schedule B1 on or after the commencement date and the administrator becomes the liquidator; or

(b) a winding-up order is made upon the appointment of an administrator ceasing to have effect on or after the commencement date and the court under section 140(1) appoints as liquidator the person whose appointment as administrator has ceased to have effect.

Transitional provision for paragraph 83 cases moving before 6th April 2010

22

Where—

(a) a company goes into administration before 6th April 2010; and

(b) the company goes into voluntary liquidation under paragraph 83 of Schedule B1 between 6th April 2010 and 8th December 2017 inclusive of those dates;

the 1986 Rules as amended by the Insolvency (Amendment) Rules 2010 apply to the extent necessary to give effect to section 104A of the Act notwithstanding that by virtue of paragraph 1(6)(a) or (b) of Schedule 4 to the Insolvency (Amendment) Rules 2010 those amendments to the Insolvency Rules 1986 would otherwise not apply.

SCHEDULE 3 — Punishment of offences under these Rules

Rule creating offence	General nature of the offence	Mode of prosecution	Punishment	Daily default fine (if applicable)
1.56(3)	Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.	1. On indictment. 2. Summary.	2 years, or a fine, or both. 6 months, or a fine, or both.	Not applicable.
3.55(7)	Former administrator failing to file a notice of automatic end of administration and progress report.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
3.70(2)	Failing to comply with administrator’s duties on vacating office.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
4.17(6)	Administrative receiver failing to deliver required accounts of receipts and payments.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
6.14(13)	Directors failing to seek a decision on the nomination of a liquidator.	1. On indictment. 2. Summary.	1. A fine. 2. A fine.	Not applicable.
18.6(5)	Administrator failing to deliver required progress reports in accordance with rule 18.6.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.

SCHEDULE 4 — Service of documents

1

(1) This Schedule sets out the requirements for service where a document is required to be served.

(2) Service is to be carried out in accordance with Part 6 of the CPR as that Part applies to either a “claim form” or a “document other than the claim form” except where this Schedule provides otherwise or the court otherwise approves or directs.

(3) However, where a document is required or permitted to be served at a company's registered office service may be effected at a previous registered office in accordance with section 87(2) of the Companies Act.

(4) In the case of an overseas company service may be effected in any manner provided for by section 1139(2) of the Companies Act.

(5) If for any reason it is impracticable to effect service as provided for in paragraphs (2) to (4) then service may be effected in such other manner as the court may approve or direct.

(6) The third column of the table below sets out which documents are treated as “claim forms” for the purposes of applying Part 6 of the CPR and which are “documents other than the claim form” (called in this Schedule “other documents”).

(7) The fourth column of the table sets out modifications to Part 6 of the CPR which apply to the service of documents listed in the first and second columns.

(8) Part 6 of the CPR applies to the service of documents outside the jurisdiction with such modifications as the court may approve or direct.

Service of winding-up petitions

2

(1) A winding-up petition must be served at a company's registered office by handing it to a person at that address who—

(a) at the time of service acknowledges being a director, other officer or employee of the company;

(b) is, to the best of the knowledge and belief of the person serving the petition, a director, other officer or employee of the company; or

(2) However if there is no one of the kind mentioned in sub-paragraph (1) at the registered office, the petition may be served by depositing it at or about the registered office in such a way that it is likely to come to the notice of a person attending the office.

(3) Sub-paragraph (4) applies if—

(a) for any reason it is not practicable to serve a petition at a company's registered office;

(b) the company has no registered office; or

(4) Where this paragraph applies the petition may be served—

(a) by leaving it at the company's last known principal place of business in England and Wales in such a way that it is likely to come to the attention of a person attending there; or

(b) on the secretary or a director, manager or principal officer of the company, wherever that person may be found.

Service of administration application (paragraph 12 of Schedule B1)

3

(1) An application to the court for an administration order must be served by delivering the documents as follows—

(a) on the company at its registered office or if service at its registered office is not practicable at its last known principal place of business in England and Wales;

(b) on any other person at that person's proper address.

(2) A person's proper address is any which he has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person's usual or last known address.

(3) Paragraph (4) sets out the proper address for service for an authorised deposit-taker who—

(a) has appointed, or is or may be entitled to appoint, an administrative receiver of the company; or

(b) is, or may be, entitled to appoint an administrative receiver of the company under paragraph 14 of Schedule B1; and

(4) The proper address for service is—

(a) that of an office of the authorised-deposit taker where the applicant knows the company maintains a bank account; or

(b) where the applicant doesn't know of any such office, the registered office; or

Service on joint office-holders

4

Service of a document on one of joint office-holders is to be treated as service on all of them.

Service of orders staying proceedings

5

(1) This paragraph applies where the court makes an order staying an action, execution or other legal process against—

(a) the property of a company; or

(b) the property or person of an individual debtor or bankrupt.

(2) The order may be served within the jurisdiction by serving a sealed copy at the address for service of—

(a) the claimant; or

(b) another party having the carriage of the proceedings to be stayed.

Certificate of service

6

(1) The service of an application or petition must be verified by a certificate of service.

(2) The certificate of service must—

(a) identify the application or petition;

(b) identify the company, where the application or petition relates to a company;

(d) identify the applicant or petitioner;

(e) specify—

(i) the court or hearing centre in which the application was made or at which the petition was filed, and the court reference number,

(ii) the date of the application or petition,

(iii) whether the copy served was a sealed copy,

(iv) the person(s) served, and

(v) the manner of service and the date of service; and

(f) be verified by a statement of truth.

(3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.

Table of requirements for service

Rule (or section)	Document	Whether treated as claim form or other document	Modifications to Part 6 of the CPR which apply unless the court directs otherwise
3.8	Administration application	Claim form	Service in accordance with paragraph 3 of this Schedule. The applicant must serve the application.
3.16 (& Para 15 of Sch B1)	Notice of intention to appoint administrator by a floating charge holder	Claim form	The appointer must serve the notice.
3.23 (& para 26 of Sch B1)²⁵³	Notice of intention to appoint administrator by company or directors	Claim form	Service on the company at its registered office or if that is not practicable, at its last known principal place of business in England and Wales.
7.3	Statutory demand on a company under section 123(1) or 222(1)(a) (unregistered companies)		[Note: the requirements for service of a statutory demand are set out in sections 123(1) and 222(1)(a) respectively.]
7.9 and 7.29	Winding-up petition	Claim form	Service in accordance with paragraph 2 of this Schedule. The petitioner must serve the petition.
7.34	Court order for additional deposit to be paid – provisional liquidator	Other document
7.99	Court order to enforce payment of a call	Other document
7.102	Court order for public examination served on examinee	Other document
10.2	Statutory demand (bankruptcy)	Other document	Service in accordance with rule 10.2.
10.14	Bankruptcy petition (creditor’s)	Claim form	Personal service. The petitioner must serve the petition.
10.29	Court order – change of carriage of petition	Other document
10.50	Court order for additional deposit to be paid – interim receiver	Other document
10.99	Court order for public examination served on bankrupt	Other document
10.119	Court order for disclosure by HMRC	Other document
10.126	Notice to recipient of after acquired property	Other document
10.166	Court order for post redirection	Other document
11.3	Application for debt relief restrictions order (DRRO) or bankruptcy restrictions order (BRO)	Claim form	The applicant must serve the application.
11.4	Service of evidence for DRRO or BRO	Other document
12.9	Applications to court generally (where service required)	Claim form	The applicant must serve the application.
12.19	Court order for private examination	Other document	Personal service. The applicant must serve the order.
12.28(2)	Witness statement of evidence	Other document
12.37(7)	Application for block transfer order	Claim form	The applicant must serve the application.
12.42	Notice requiring person to assess costs by detailed assessment	Other document
12.48	Application for costs	Claim form	The applicant must serve the application.
19.4 (& sections 179 and 317)	Notice of disclaimer (leasehold property)	Other document
19.5 (& section 318)	Notice of disclaimer (dwelling house)	Other document
21.2	Application for conversion into winding up /bankruptcy under EC Regulation	Claim form	The applicant must serve the application.
Paragraph 5(1) of this Schedule	Order staying proceedings	Other document	The applicant must serve the order.

SCHEDULE 5 — Calculation of time periods

[Note: section 376 of the Act contains a power for the court to extend the time for doing anything required by the Act or these Rules under the Second Group of Parts (Insolvency of Individuals; bankruptcy).]

1 The rules in CPR 2.8²⁵⁴ with the exception of paragraph (4) apply for the calculation of periods expressed in days in the Act and these Rules.

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