1.33.—(1) Where the Act or a rule requires an office-holder to deliver a document to the creditors, or the creditors in a class, the requirement is satisfied by the delivery of the document to all such creditors of whose address the office-holder is aware other than opted-out creditors unless the opt out does not apply.
(2) Where a creditor has opted out from receiving documents, the opt out does not apply to—
(a)a notice which the Act requires to be delivered to all creditors without expressly excluding opted-out creditors;
(b)a notice of a change in the office-holder or the contact details for the office-holder;
(c)a notice as provided for by section 246C(2) (notices of distributions, intended distributions and notices required to be given by court order); or
(d)a document which these Rules require to accompany a notice within sub-paragraphs (a) to (c).
(3) The office-holder must begin to treat a creditor as an opted-out creditor as soon as reasonably practicable after delivery of the creditor’s election to opt out.
(4) An office-holder in any consecutive insolvency proceedings of a different kind under Parts 3 to 5 of the Act in respect of the same company who is aware that a creditor was an opted-out creditor in the earlier insolvency proceedings must treat the creditor as an opted out creditor in the consecutive insolvency proceedings.
Section 246C was prospectively inserted for Scotland by section 124(3) of the Small Business, Enterprise and Employment Act 2015 (c.26) and section 248A by section 124(4) of that Act.