Insolvency Act 1985

Section 207.

SCHEDULE 7 Provisions Capable of Inclusion in Individual Insolvency Rules

Courts

1 Provision with respect to the arrangement and disposition of the business under Part III of this Act of courts having jurisdiction for the purpose of that Part, including provision for the allocation of proceedings under that Part to particular courts and for the transfer of such proceedings from one court to another.

2 Provision for enabling a registrar in bankruptcy of the High Court or a registrar of a county court having jurisdiction for the purposes of Part III of this Act to exercise such of the jurisdiction conferred for those purposes on the High Court or, as the case may be, that county court as may be prescribed.

3 Provision for regulating the practice and procedure of any court exercising jurisdiction for the purposes of Part III of this Act. being any provision that could be made by rules of court.

4 Provision conferring rights of audience, in courts exercising jurisdiction for the purposes of Part III of this Act, on the official receiver and on solicitors.

Notices etc.

5 Provision requiring notice of any proceedings under Part III of this Act or of any matter relating to or arising out of a proposal under Chapter I of that Part or a bankruptcy to be given or published in the prescribed manner.

6 Provision with respect to the form, manner of serving, contents and proof of any petition, application, order, notice, statement, or other document required to be presented, made, given, published or prepared under any enactment contained in, or subordinate legislation made under, Part III of this Act (including provision requiring prescribed matters to be verified by affidavit).

7 Provision specifying the persons to whom any notice under Part III of this Act is to be given.

Registration of voluntary arrangements

8 Provision for the registration of compositions or schemes approved under Chapter I of Part IIT of this Act. including provision for the keeping and inspection of a register.

Interim receiver

9 Provision as to the manner in which an interim receiver appointed under section 133 of this Act is to carry out his functions, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 21 or 27 below.

Receiver or manager

10 Provision as to the manner in which the official receiver is to carry out his functions as receiver or manager of a bankrupt's estate under section 134 of this Act, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 21 or 27 below.

Administration of individual insolvency

11 Provision with respect to the certification of the appointment of any person as trustee of a bankrupt's estate and as to the proof of that appointment.

12 The following provision with respect to meetings of creditors—

(a) provision as to the manner of summoning a meeting (including provision as to how any power to require a meeting is to be exercised, provision as to the manner of determining the value of any debt for the purposes of any such power and provision making the exercise of any such power subject to the deposit of a sum sufficient to cover the expenses likely to be incurred in summoning and holding a meeting);

(b) provision specifying the time and place at which a meeting may be held and the period of notice required for a meeting :

(c) provision as to the procedure to be followed at such a meeting (including the manner in which decisions may be reached by a meeting and the manner in which the value of any vote at a meeting is to be determined);

(d) provision for requiring a bankrupt or debtor to attend a meeting ;

(e) provision creating, in the prescribed circumstances, a presumption that a meeting has been duly summoned and held ; and

(f) provision as to the manner of proving the decisions of a meeting.

13 Provision as to the functions, membership and proceedings of a committee established under section 148 of this Act.

14 Provision as to the manner in which any requirement that may be imposed on a person under Part III of this Act by the official receiver, the trustee of a bankrupt's estate or a special manager appointed under section 198 of this Act is to be so imposed and, in the case of any requirement imposed under section 152(3) of this Act, provision conferring power on the court to make orders for the purpose of securing compliance with that requirement.

15 Provision as to the manner in which any requirement imposed by virtue of section 156(3) of this Act is to take effect.

16 Provision as to the terms and conditions that may be included in a charge under section 159 of this Act.

17 Provision as to the debts that may be proved in any bankruptcy, as to the manner and conditions of proving a debt and as to the manner and expenses of establishing the value of any debt or security.

18 Provision with respect to the manner of the distribution of a bankrupt's estate, including provision with respect to unclaimed funds and dividends.

19 Provision modifying the application of Part III of this Act in relation to a debtor or bankrupt who has died.

Financial provisions

20 Provision as to the amount, or manner of determining the amount, payable to an interim receiver, the trustee of a bankrupt's estate or a special manager appointed under section 198 of this Act by way of remuneration for the performance of functions in connection with or arising out of the bankruptcy of any person.

21 Provision with respect to the manner in which moneys received by the trustee of a bankrupt's estate in the course of carrying out his functions as such are to be handled.

22 Provision as to the fees, costs, charges and other expenses that may be treated as the expenses of a bankruptcy.

23 Provision as to the fees, costs, charges and other expenses that may be incurred for any of the purposes of Chapter I of Part III of this Act or in the administration of any composition or scheme approved under that Chapter.

Information and records

24 Provision requiring registrars and other officers of courts having jurisdiction for the purposes of Part ITI of this Act-

(a) to keep books and other records with respect to the exercise of that jurisdiction and of jurisdiction under the [1914 c. 47.] Deeds of Arrangement Act 1914 ; and

(b) to make returns to the Secretary of State of the business of those courts.

25 Provision requiring a creditor or a committee established under section 148 of this Act to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.

26 Provision as to the manner in which public examinations under section 137 of this Act and proceedings under section 196 of this Act are to be conducted, as to the circumstances in which records of such examinations and proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.

27 Provision imposing requirements with respect to—

(a) the preparation and keeping by the trustee of a bankrupt's estate, or the supervisor of a composition or scheme approved under Chapter I of Part III of this Act, of prescribed books, accounts and other records ;

(b) the production of those books, accounts and records for inspection by prescribed persons ; and

(c) the auditing of accounts kept by the trustee of a bankrupt's estate or the supervisor of such a composition or scheme.

28 Provision requiring the person who is the supervisor of a composition or scheme approved under Chapter I of Part III of this Act, when it appears to him that the composition or scheme has been fully implemented and that nothing remains to be done by him under the composition or scheme—

(a) to give notice of that fact to persons bound by the composition or scheme ; and

(b) to report to those persons on the carrying out of the functions conferred on the supervisor of the composition or scheme.

29 Provision as to the manner in which the trustee of a bankrupt's estate is to act in relation to the books, papers and other records of the bankrupt, including provision authorising their disposal.

General

30 Provision conferring power on the Secretary of State to make regulations with respect to so much of any matter that may be provided for in the rules as relates to the carrying out of the functions of an interim receiver appointed under section 133 of this Act, of the official receiver while acting as a receiver or manager under section 134 of this Act or of a trustee of a bankrupt's estate.

31 Provision conferring a discretion on the court.

32 Provision making non-compliance with any of the rules a criminal offence.

33 Provision making different provision for different cases, including different provision for different areas.