Companies (Consolidation) Act 1908

Rules and Fees.

237 Rules and fees for winding up in England.

(1) The Lord Chancellor may, with the concurrence of the President of the Board of Trade, make general rules for carrying into effect the objects of this Act so far as relates to the winding up of companies in England.

(2) All general rules made under this section shall be laid before Parliament within three weeks after they are made, if" Parliament is then sitting, and, if Parliament is not sitting, within three weeks after the beginning of the next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act.

(3) There shall be paid in respect of proceedings under this Act in relation to the winding up of companies in England such fees as the Lord Chancellor may, with the sanction of the Treasury, direct, and the Treasury may direct by whom and in what manner the same are to be collected and accounted for, and to what account they are to be paid.

(4) All rules made and directions given by the Lord Chancellor under this section shall be adopted by the authority for the time being empowered to make rules for regulating the practice or procedure in the chancery court of the county palatine of Lancaster, but as so adopted shall have effect with the substitution of the words “vice-chancellor ” for the word “judge, ” and of the word “registrar ” for the word “master, ” and of the words “chambers of the registrar ” for the words “chambers of the judge ” and " judge's chambers, " and any directions as to the remuneration to be allowed to officers of that court in respect of proceedings under this Act shall be subject to the sanction of the Chancellor of the Duchy and County Palatine of Lancaster.

(5) The authority having power to make rules or give directions under this section may, by any such rules or directions, repeal, alter, or amend any rules made and directions given by the like authority under the [53 & 54 Vict. c. 63.] Companies (Winding Up) Act, 1890, which are in force at the commencement of this Act.

238 Powers to make rules of procedure.

(1) Subject to the provisions of this Act with respect to rules and fees in relation to the winding up of companies in England, rules of procedure for the purposes of this Act, including rules as to costs and fees, may be made—

(a) As regards the High Court in England, by the authority having power to make rules for the Supreme Court in England :

(b) As regards the Court of Session, by act of sederunt:

(c) As regards the High Court in Ireland, by the authority having power to make rules for the Supreme Court in Ireland :

(d) As regards the court exercising the stannaries jurisdiction, by the authority having power to make rules for county courts in England.

(2) The authority having power to make rules under this section may by any such rules repeal, alter, or amend any rules made by the like authority under the [25 & 26 Vict. c. 89.] Companies Act, 1862, or any Act amending the same, which are in force at the commencement of this Act.