The Insolvency (England and Wales) Rules 2016
- (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
- (c) the grounds of the application and the order sought.
- (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
20
- (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)
20
- (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)
20
- (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;
- (c) the official receiver (whether acting as a supervisor or otherwise); and
- (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)
20
- (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)
20
- (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
- (c) the description of the debtor to be inserted in the bankruptcy order.
Bankruptcy and debt relief proceedings (order for non-disclosure of current address)
20
- (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
- (c) the description of the debtor to be inserted in the bankruptcy order or the debt relief order.
Additional provisions in respect of orders under rule 20.6(4)
20
- (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
- (c) must not include the description under which the proceedings were previously published.
PART 21 — The EU Regulation
Note: "Local creditor” is defined in Article 2(11) of the EU Regulation.
Interpretation for this Part
21
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Conversion into winding up proceedings or bankruptcy: application
21
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Conversion into winding up proceedings or bankruptcy: court order
21
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Confirmation of creditors' voluntary winding up: application
21
- (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;
- (c) a statement that the application is accompanied by the documents required by paragraph (4);
- (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;
- (c) a copy of—
- (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
21
- (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
21
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Member State liquidator: duty to give notice
21
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Member State liquidator: rules on creditors' participation in proceedings
21
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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
22
- (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
- (c) apply to all windings up to which section 216 applies.
Application for permission under section 216(3)
22
- (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
22
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
22
- (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;
- (c) the making of an administration order;
- (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);
- (c) 1986 rules 4.32 to 4.42 (company winding up); and
- (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;
- (c) the appointment of an administrative receiver
- (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;
- (c) governance 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;
- (c) governance 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
- (c) 1986 rule 6.78A (reports to creditors in bankruptcy).
- (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
- (c) 1986 rules 5.60 to 5.61 (other matters arising on annulments under sections 261(2)(a), 261(2)(b) or 263D(3)).
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;
- (c) a liquidator was appointed under section 139(4) or 140 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
- (c) acknowledges being authorised to accept service of documents on the company's behalf.
- (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
- (c) the company is an unregistered company.
- (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
- (c) has not notified an address for service.
- (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
- (c) if there is no such registered office the usual or last known address.
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;
- (c) identify the debtor, where the application relates to an individual;
- (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)[^f00253] | 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 2.8[^f00254] with the exception of paragraph (4) apply for the calculation of periods expressed in days in the Act and these Rules.
2 1 This paragraph applies for the calculation of periods expressed in months. 2 The beginning and the end of a period expressed in months is to be determined as follows— a if the beginning of the period is specified— i the month in which the period ends is the specified number of months after the month in which it begins, and ii the date in the month on which the period ends is— aa the date corresponding to the date in the month on which it begins, or bb if there is no such date in the month in which it ends, the last day of that month; b if the end of the period is specified— i the month in which the period begins is the specified number of months before the month in which it ends, and ii the date in the month on which the period begins is— aa the date corresponding to the date in the month on which it ends, or bb if there is no such date in the month in which it begins, the last day of that month.
3 The provisions of CPR rule 3.1(2)(a)[^f00255] (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.
4 Paragraph 3 is subject to any time limits expressly stated in the Act and to any specific powers in the Act or these Rules to extend or shorten the time for compliance.
SCHEDULE 6 — Insolvency jurisdiction of county court hearing centres
[Note: where the entry “London Insolvency District” appears in this table, jurisdiction under Parts 1 to 7 of the Act is conferred on the High Court as a result of article 6B of the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724) which was inserted by the High Court and County Courts Jurisdiction (Amendment) Order 2014 (S.I. 2014/821).]
| Name of county court hearing centre | Parts of the Insolvency Act under which proceedings may be commenced at a county court hearing centre or the alternative court or county court hearing centre where proceedings may be commenced | Nearest full time court or hearing centre |
|---|---|---|
| Aberystwyth | Parts 1 to 11 | Cardiff |
| Aldershot & Farnham | Guildford | |
| Banbury | Parts 1 to 11 | Luton, Gloucester or Reading |
| Barnet | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Barnsley | Parts 1 to 11 | Sheffield |
| Barnstaple | Parts 1 to 11 | Exeter |
| Barrow-in-Furness | Parts 1 to 11 | Blackpool or Preston |
| Basildon | Southend-on-Sea | |
| Basingstoke | Reading | |
| Bath | Parts 1 to 11 | Bristol |
| Bedford | Parts 1 to 11 | Luton |
| Birkenhead | Parts 1 to 11 | |
| Birmingham | Parts 1 to 11 | |
| Blackburn | Parts 1 to 11 | Preston |
| Blackpool | Parts 1 to 11 | |
| Blackwood | Parts 1 to 11 | Cardiff |
| Bodmin | Truro | |
| Bolton | Parts 1 to 11 | |
| Boston | Parts 1 to 11 | Nottingham |
| Bournemouth and Poole | Parts 1 to 11 | |
| Bow | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Bradford | Parts 1 to 11 | |
| Brentford | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Brighton | Parts 1 to 11 | |
| Bristol | Parts 1 to 11 | |
| Bromley | Croydon | |
| Burnley | Parts 1 to 11 | Bolton or Preston |
| Bury | Parts 1 to 11 | Bolton |
| Bury St. Edmunds | Parts 1 to 11 | Cambridge |
| Caernarfon | Parts 1 to 11 | |
| Cambridge | Parts 1 to 11 | |
| Canterbury | Parts 1 to 11 | Croydon or the High Court (London) |
| Cardiff | Parts 1 to 11 | |
| Carlisle | Parts 1 to 11 | Preston or Blackpool |
| Carmarthen | Parts 1 to 11 | Cardiff |
| County Court at Central London | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Chelmsford | Parts 1 to 11 | Southend or the High Court (London) |
| Chester | Parts 1 to 11 | |
| Chesterfield | Parts 1 to 11 | Sheffield |
| Chichester | Brighton | |
| Chippenham and Trowbridge | Bath | |
| Clerkenwell and Shoreditch | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Colchester | Parts 1 to 11 | Southend or the High Court (London) |
| Conwy and Colwyn | Caernarfon | |
| Coventry | Parts 1 to 11 | Birmingham |
| Crewe | Parts 1 to 11 | Stoke or Chester |
| Croydon | Parts 1 to 11 | |
| Darlington | Parts 1 to 11 | Middlesbrough |
| Dartford | Medway | |
| Derby | Parts 1 to 11 | |
| Doncaster | Parts 1 to 11 | Sheffield |
| Dudley | Parts 1 to 11 | Birmingham |
| Durham | Parts 1 to 11 | Newcastle |
| Eastbourne | Parts 1 to 11 | Brighton |
| Edmonton | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Exeter | Parts 1 to 11 | |
| Gateshead | Newcastle upon Tyne | |
| Gloucester and Cheltenham | Parts 1 to 11 | |
| Great Grimsby | Parts 1 to 11 | Hull |
| Guildford | Parts 1 to 11 | Croydon |
| Halifax | Parts 1 to 11 | Leeds |
| Harrogate | Parts 1 to 11 | Leeds |
| Hartlepool | Middlesbrough | |
| Hastings | Parts 1 to 11 | Brighton |
| Haverfordwest | Parts 1 to 11 | Cardiff |
| Hereford | Parts 1 to 11 | Gloucester |
| Hertford | Parts 1 to 11 | Luton |
| High Wycombe | Aylesbury | |
| Horsham | Brighton | |
| Huddersfield | Parts 1 to 11 | Leeds |
| Ipswich | Parts 1 to 11 | Norwich or Southend |
| Kendal | Parts 1 to 11 | Blackpool or Preston |
| Kettering | Northampton | |
| Kings Lynn | Norwich or Peterborough | |
| Kingston-upon-Hull | Parts 1 to 11 | |
| Kingston-upon-Thames | Parts 1 to 11 | |
| Lambeth | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Lancaster | Parts 1 to 11 | Blackpool or Preston |
| Leeds | Parts 1 to 11 | |
| Leicester | Parts 1 to 11 | |
| Lewes | Brighton | |
| Lincoln | Parts 1 to 11 | Nottingham |
| Liverpool | Parts 1 to 11 | |
| Llanelli | Swansea | |
| Llangefni | Parts 1 to 11 | |
| Luton | Parts 1 to 11 | |
| Maidstone | Parts 1 to 11 | Croydon or the High Court (London) |
| Manchester | Parts 1 to 11 | |
| Mansfield | Nottingham | |
| Mayor’s and City of London | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Medway | Canterbury | Croydon or the High Court (London) |
| Merthyr Tydfil | Parts 1 to 11 | Cardiff |
| Middlesbrough | Parts 1 to 11 | |
| Milton Keynes | Parts 1 to 11 | Luton |
| Mold | Wrexham | Wrexham |
| Newcastle upon Tyne | Parts 1 to 11 | |
| Newport (Gwent) | Parts 1 to 11 | Cardiff |
| Newport (Isle of Wight) | Parts 1 to 11 | Southampton or Portsmouth |
| Northampton | Parts 1 to 11 | Luton |
| North Shields | Newcastle upon Tyne | |
| Norwich | Parts 1 to 11 | |
| Nottingham | Parts 1 to 11 | |
| Nuneaton | Coventry | |
| Oldham | Parts 1 to 11 | |
| Oxford | Parts 1 to 11 | Reading |
| Peterborough | Parts 1 to 11 | Cambridge |
| Plymouth | Parts 1 to 11 | |
| Pontypridd | Parts 1 to 11 | Cardiff |
| Portsmouth | Parts 1 to 11 | |
| Port Talbot | Parts 1 to 11 | |
| Prestatyn | Parts 1 to 11 | |
| Preston | Parts 1 to 11 | |
| Reading | Parts 1 to 11 | |
| Reigate | Guildford | |
| Rhyl | Parts 1 to 11 | Birkenhead or Chester |
| Romford | Parts 1 to 11 | |
| Salisbury | Parts 1 to 11 | Bournemouth or Southampton |
| Scarborough | Parts 1 to 11 | York, Hull or Middlesbrough |
| Scunthorpe | Parts 1 to 11 | Hull or Sheffield |
| Sheffield | Parts 1 to 11 | |
| Skipton | Bradford | |
| Slough | Parts 1 to 11 | |
| Southampton | Parts 1 to 11 | |
| Southend-on-Sea | Parts 1 to 11 | |
| South Shields | Newcastle upon Tyne | |
| Stafford | Parts 1 to 11 | Stoke |
| Staines | Guildford | |
| St Albans | Parts 1 to 11 | Luton |
| St Helens | Liverpool | |
| Stockport | Parts 1 to 11 | Manchester |
| Stoke-on-Trent | Parts 1 to 11 | |
| Sunderland | Parts 1 to 11 | Newcastle |
| Swansea | Parts 1 to 11 | Cardiff |
| Swindon | Parts 1 to 11 | Gloucester or Reading |
| Taunton | Parts 1 to 11 | Exeter or Bristol |
| Telford | Parts 1 to 11 | |
| Thanet | Canterbury | |
| Torquay & Newton Abbot | Parts 1 to 11 | Exeter |
| Truro | Parts 1 to 11 | Plymouth |
| Tunbridge Wells | Parts 1 to 11 | Croydon |
| Uxbridge | The County Court at Central London | |
| Wakefield | Parts 1 to 11 | Leeds |
| Walsall | Parts 1 to 11 | |
| Wandsworth | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Warwick | Parts 1 to 11 | Birmingham |
| Watford | Luton | |
| Welshpool & Newton | Parts 1 to 11 | Stoke or Chester |
| West Cumbria | Parts 1 to 11 | |
| Weston Super Mare | Bristol | |
| Weymouth | Bournemouth | Bournemouth |
| Wigan | Parts 1 to 11 | Bolton, Manchester or Preston |
| Willesden | London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11 | |
| Winchester | Parts 1 to 11 | Southampton |
| Wolverhampton | Parts 1 to 11 | |
| Woolwich | Croydon | |
| Worcester | Parts 1 to 11 | Gloucester |
| Worthing | Brighton | |
| Wrexham | Parts 1 to 11 | Birkenhead, Stoke or Chester |
| Yeovil | Parts 1 to 11 | Exeter or Bristol |
| York | Parts 1 to 11 |
SCHEDULE 7 — Information to be provided in the bankruptcy application
PART 1
Debtor's personal information
1
Debtor's title.
2
Debtor's identification details.
3
Any previous name or other names by which the debtor is known or has been known during the last five years immediately before the date of the bankruptcy application.
PART 2
Additional personal information
4
Debtor's contact telephone number.
5
Debtor's email address (if any).
6
Debtor's date of birth.
7
Debtor's National Insurance number.
8
Debtor's gender.
9
Any previous address at which the debtor has resided during the three years immediately before the date of the bankruptcy application.
10
Whether the debtor is—
- (a) single;
- (b) married;
- (c) divorced;
- (d) co-habiting;
- (e) separated;
- (f) widowed;
- (g) a civil partner;
- (h) a former civil partner; or
- (i) a surviving civil partner.
11
All occupants of the debtor's household and in relation to each person—
- (a) name;
- (b) age;
- (c) relationship to the debtor; and
- (d) whether or not that person is dependent on the debtor.
12
Any other person dependent on the debtor and in relation to each person—
- (a) name;
- (b) age;
- (c) postal address; and
- (d) reason for that person's dependency on the debtor.
Occupation and employment details
13
Debtor's occupation (if any).
14
Debtor's employment status.
15
Where the debtor is employed—
- (a) date when the debtor commenced the employment; and
- (b) name and address of the employer.
16
Where the debtor is unemployed—
- (a) date when the debtor was last employed;
- (b) date when the debtor commenced the employment; and
- (c) name and address of the last employer.
17
Where the debtor has worked for any previous employers during the 12 months immediately before the date of the bankruptcy application—
- (a) dates of that employment; and
- (b) name and address of those employers.
18
Where the debtor is, or has been, self-employed other than as a partner in a partnership, during the three years preceding the date of the bankruptcy application, in respect of each business—
- (a) date when the business commenced trading;
- (b) name and trading address of the business;
- (c) name or names, other than the debtor's name, in which the debtor carried on business;
- (d) nature of the business;
- (e) trading address or addresses of the business and any address or addresses at which the debtor has carried on business during the period in which any of the debtor's bankruptcy debts were incurred; and
- (f) the date the business ceased trading, if applicable.
19
Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership—
- (a) date the partnership commenced;
- (b) name and trading address of the partnership;
- (c) trading address or addresses of the partnership and any address or addresses at which the partnership has carried on business during or after the time when any of the debtor's bankruptcy debts were incurred; and
- (d) date the partnership ceased, if applicable.
20
Where the debtor is, or has been, a director or involved in the management of a company during the 12 months immediately preceding the date of the bankruptcy application—
- (a) name and contact details for each company; and
- (b) in the case of any company mentioned in accordance with sub paragraph (a) that is subject to any insolvency proceedings, the office-holder and contact details for that office-holder.
Creditors
21
In respect of each creditor—
- (a) name and address;
- (b) account number or reference (if known);
- (c) date the debt was incurred;
- (d) the amount the creditor claims the debtor owes the creditor; and
- (e) where the debt is secured, the property of the debtor which is claimed by the creditor to clear or reduce the creditor's debt.
22
Where the debtor has an interest in a property, in relation to each property, its address.
Legal proceedings
23
Where the debtor is, or has been in the five years immediately preceding the date of the bankruptcy application, involved in proceedings for divorce, separation or the dissolution of a civil partnership—
- (a) identity of the proceedings;
- (b) nature of the proceedings; and
- (c) date and details of any resolution of those proceedings and any agreed settlement, whether formal or informal, and any gifts or transfers of property that occurred in, or as a result, of those proceedings.
24
Where the debtor is involved in proceedings, other than proceedings for divorce, separation or the dissolution of a civil partnership—
- (a) identity of the proceedings;
- (b) nature of the proceedings; and
- (c) date and details of any interim settlement, whether formal or informal, and any interim orders.
Assets and liabilities
25
Total value of assets.
26
Total value of liabilities.
27
Debtor's net monthly income from all sources.
28
Debtor's monthly surplus income calculated by reference to paragraphs 23 to 30 of Schedule 8 (additional information to be provided in the bankruptcy application).
SCHEDULE 8 — Additional information to be provided in the bankruptcy application
Disposal of assets
1
Where in the five years preceding the date on which the bankruptcy application is made the debtor has entered into a transaction at an undervalue within the meaning of section 339(1), given a preference within the meaning of section 340(2), has rights or excluded rights under section 342A(3) of the Act or placed an asset into a trust for the benefit of any person, including the surrender of life, endowment and pension policies, in respect of each asset—
- (a) description of the asset;
- (b) date the debtor gave away, transferred or sold the asset;
- (c) consideration given, if any;
- (d) name and address of the person to whom the debtor sold, transferred or gave away the asset;
- (e) relationship of that person to the debtor;
- (f) if relevant, name of the trustees and beneficiaries or class of beneficiaries;
- (g) estimated market value of the asset at the date of the bankruptcy application;
- (h) net proceeds (if any) (less any charges and legal fees).
2
Where in the five years preceding the date on which the bankruptcy application is made the debtor has disposed of or sold any property at market value or disposed of, sold at market value or realised any life, endowment and pension policies in respect of each asset—
- (a) description of the asset;
- (b) date the debtor disposed of, sold at market value or realised the asset; and
- (c) net proceeds (if any) (less any charges and legal fees).
Financial arrangements with creditors
3
Where the debtor has been made bankrupt in the two years immediately preceding the date of the bankruptcy application—
- (a) date of the bankruptcy order; and
- (b) reference allocated by the official receiver.
4
Where the debtor has entered into a debt relief order in the two years immediately preceding the date of the bankruptcy application—
- (a) date of the debt relief order; and
- (b) reference allocated by the official receiver.
5
Where the debtor has, or has had, an IVA in the two years immediately preceding the date of the bankruptcy application, the date of the arrangement.
6
Where the debtor has, or has had, an arrangement in force with creditors, other than an IVA in the two years immediately preceding the date of the bankruptcy application, the date and nature of the arrangement.
Legal and financial advisers
7
Where a solicitor has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each solicitor—
- (a) name, address and reference of the solicitor; and
- (b) nature and date of the transaction or transactions on which the solicitor advised or acted.
8
Where an accountant, book keeper or other financial adviser has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each accountant, book keeper and financial adviser—
- (a) name, address and reference; and
- (b) dates of acting for the debtor.
Business affairs of a self-employed debtor
9
Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership—
- (a) names and addresses of each of the partners;
- (b) name or names, other than the partners' names, in which the partnership carried on business; and
- (c) the nature of the partnership business.
10
Where the debtor is or has been self-employed (other than as a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application—
- (a) Value Added Tax number, where the business was registered for Value Added Tax;
- (b) address where the debtor's books of account and other accounting records are kept; and
- (c) where the debtor holds records on a computer, details of which records are held, what software is used (including any passwords) and where the computer is located.
11
Where the debtor is or has been self-employed (including a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application—
- (a) name and address of any person employed by the debtor immediately preceding the bankruptcy application; and
- (b) whether—
- (i) the debtor owes any employee or former employee any money, and
- (ii) any employee or former employee has or may claim that the debtor owes that person some money.
Financial affairs – assets
12
The nature and value of each asset belonging to the debtor.
13
Where any asset is owned jointly with another person—
- (a) name and address of that joint owner; and
- (b) relationship of that person to the debtor.
14
Where any asset is subject to the rights of any person (other than a joint owner), whether as a secured creditor of the debtor or otherwise, in respect of each asset—
- (a) nature of third party rights;
- (b) account number or reference of that creditor or creditors; and
- (c) amount each creditor claims is owed to them.
15
Where the debtor holds or has held in the last two years any bank, building society, credit union or national savings account including any joint, business or dormant accounts, in respect of each account—
- (a) name, address and sort code of the bank or supplier;
- (b) account number; and
- (c) whether or not the debtor's regular income is paid into the account.
16
Where the debtor owns a motor vehicle or has disposed of any vehicle during the 12 months immediately preceding the date of the bankruptcy application, in respect of each motor vehicle—
- (a) make and model;
- (b) registration number;
- (c) what the motor vehicle is or was used for by the debtor
- (d) save where the motor vehicle has been disposed of, the location of the motor vehicle; and
- (e) where the motor vehicle has been disposed of, the date of disposal and any proceeds from that disposal.
17
Where the debtor regularly uses a motor vehicle that the debtor does not own, in respect of each motor vehicle—
- (a) make and model;
- (b) registration number;
- (c) name and address of the owner; and
- (d) debtor's relationship to the vehicle's owner.
18
Where the debtor owns any property consisting of land or buildings, in respect of each property—
- (a) type of and description of the property;
- (b) who lives at the property and their relationship to the debtor;
- (c) any income received by the debtor from the property; and
- (d) nature of the insurance policy currently in force in relation to the property and the expiry date of that insurance policy.
19
Where the debtor rents or leases a property, in respect of each property—
- (a) who lives at the property and their relationship to the debtor;
- (b) monthly rent;
- (c) name and address of the landlord and any managing agent.
20
Where the debtor has an interest in any other property, in respect of each property—
- (a) nature of the interest;
- (b) type of and description of the property;
- (c) who lives at the property and their relationship to the debtor;
- (d) name and address of the person who permits the debtor to use the property;
- (e) amount paid by the debtor to the person who permits the debtor to use the property;
- (f) any income received by the debtor from the property; and
- (g) whether or not there is a written agreement.
21
Where the debtor resides at a property in which the debtor has no interest, the basis on which the debtor resides at that property.
22
Where the debtor has or has held within the five years immediately before the date of the bankruptcy application any occupational pension, personal pension, endowment or other life policy in relation to each policy—
- (a) type of policy;
- (b) name and address of the pension, endowment or life assurance company or broker;
- (c) policy number;
- (d) approximate date when the policy was taken out;
- (e) estimated value of policy;
- (f) amount (if any) being received now by the debtor and the frequency of those payments; and
- (g) name of the beneficiary or beneficiaries of the policy.
Financial affairs – income and expenditure
23
Debtor's total annual income from all sources, the sources of that income and the amount from each source.
24
Total annual household income from all sources, the sources of that income and the amount from each source.
25
Current (or last) income tax reference number.
26
Monthly national insurance.
27
Mean monthly tax.
28
Where the debtor has any current attachment of earnings orders in force, in respect of each attachment of earnings order—
- (a) name of creditor;
- (b) name of the court that made the attachment of earnings order.
29
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