The Insolvency (Amendment) Rules 1999

Insertion of Chapter 22(A)

8.  After Chapter 22 in Part 6 of the principal Rules there shall be inserted the following title and Chapter:–

“CHAPTER 22(A)— REGISTER OF BANKRUPTCY ORDERS

Register of Bankruptcy Orders

6.223(A)— (1) The Secretary of State shall maintain a register of bankruptcy orders (“the register”) which shall contain the specified bankruptcy information entered in it by the official receiver in pursuance of Rule 6.223(B), any information entered in it by the official receiver in pursuance of Rule 6.223(C) and the information set out in paragraphs (2) and (3).

(2) The Secretary of State shall cause to be entered in the register notice of the making of an annulment order under section 261(1)(a) or 282(1)(b) given to him in pursuance of Rule 6.213(2).

(3) The Secretary of State shall cause to be entered in the register such of the specified bankruptcy information and notice of the making of any annulment order under section 261(1)(a) or 282(1)(b) relating to any bankruptcy order where such bankruptcy order was made in the period of five years prior to 22nd March 1999 as is in the possession of the Secretary of State on that date but excluding information relating to–

(a) any bankruptcy order which has been annulled under section 282(1)(a) or which has been rescinded under section 375,

(b) any bankruptcy order which has been annulled under section 261(1)(a) or 282(1)(b) more than two years prior to 22nd March 1999, and

(c) any bankruptcy order in respect of which an order made under Rule 6.34(3) or 6.46(3) is in force on that date and a copy of which has been delivered to the official receiver under Rule 6.34(4) or 6.46(4), provided that where after that date the order under Rule 6.34(3) or 6.46(3) expires, the Secretary of State shall enter in the register such of the specified bankruptcy information relating to the bankruptcy order previously the subject of the order under Rule 6.34(3) or 6.46(3) as is in his possession as at the date of expiry of such order, except where the official receiver receives a copy of any further order of the court under Rule 6.34(3) or 6.46(3) in respect of such bankruptcy order, in which event the Secretary of State shall not enter such specified bankruptcy information in the register until the expiry of such further order.

(4) Where a bankrupt in respect of whom specified bankruptcy information has been entered in the register is discharged from the bankruptcy or obtains an annulment order under section 261(1)(a) or 282(1)(b) in respect of the bankruptcy order, the Secretary of State shall, on the expiry of two years after the date of such discharge or annulment order (or where a certificate for the summary administration of the bankrupt’s estate has been issued under section 275(1), on the expiry of three years after the date on which the bankrupt is discharged from the bankruptcy) delete from the register the specified bankruptcy information and any other information entered in the register in respect of such bankruptcy order.

(5) If a bankruptcy order in respect of which specified bankruptcy information has been entered in the register is annulled by the court under section 282(1)(a), the Secretary of State shall delete from the register the specified bankruptcy information and any other information entered in the register in respect of such bankruptcy order upon receiving notice of such annulment under Rule 6.213(2).

(6) If a bankruptcy order in respect of which specified bankruptcy information has been entered in the register is rescinded by the court under section 375 the Secretary of State shall delete from the register the specified bankruptcy information and any other information entered in the register in respect of such bankruptcy order upon receiving a copy of the order of the court rescinding the bankruptcy order.

(7) The register shall be open to public inspection.

Specified Bankruptcy Information

6.223(B)— (1) Following the receipt by the official receiver pursuant to Rule 6.34 or 6.46 of a copy of the bankruptcy order from the court, the official receiver shall cause to be entered in the register the information listed in paragraph (5)(a) and shall cause to be entered in the register the information listed in paragraph 5(b) upon receipt by him of such information.

(2) Following the receipt by the official receiver–

(a) pursuant to Rule 6.50(3), of notice of the revocation of a certificate for summary administration,

(b) pursuant to Rule 6.176(5), of a copy of an order suspending the bankrupt’s discharge,

(c) pursuant to Rule 6.215(6), of a copy of an order suspending the bankrupt’s discharge,

(d) pursuant to Rule 6.216(7), of a copy of a certificate certifying the discharge of an order under section 279(3), or

(e) pursuant to Rule 6.219(3), of a copy of an order discharging the bankrupt absolutely or subject to conditions,

the official receiver shall cause the information listed in paragraph (5)(c) to be entered in the register.

(3) Where an order referred to in paragraph 2(d) is subsequently rescinded by the court the official receiver shall cause the specified bankruptcy information relating to such bankruptcy to be amended to record the fact that the bankrupt is not discharged and, where the information in respect of such bankruptcy has been deleted from the register pursuant to paragraph (4) of Rule 6.223(A), shall cause such information to be restored to the register.

(4) Where a bankrupt is discharged from bankruptcy under section 279(1)(b) the official receiver shall cause the fact and date of such discharge to be entered in the register.

(5) In this Chapter “specified bankruptcy information” means the following information–

(a) (i) the matters listed in Rules 6.7 and 6.38 with respect to the debtor as stated in the bankruptcy petition;

(ii) the bankruptcy order date, the court and court reference number;

(b) (i) the name, gender, occupation (if any) and date of birth of the bankrupt;

(ii) the bankrupt’s last known address;

(iii) where the bankrupt has been an undischarged bankrupt at any time in the period of 15 years ending with the date of the bankruptcy order in question, the date of the most recent of any previous bankruptcy orders (but excluding an order annulled under section 282(1)(a) or rescinded under section 375);

(iv) any name by which the bankrupt is known other than his true name;

(v) the name or names in which he carries on business if other than his true name and any address at which he carries on business;

(vi) the contact address of the official receiver’s office;

(vii) the name and address of the insolvency practitioner (where appointed);

(viii) the automatic discharge date under section 279(1)(b) or, where section 279(1)(a) applies, a statement that there is no automatic discharge date;

(ix) where a certificate for summary administration has been issued, a statement to that effect; and

(c) (i) the revised automatic discharge date where– (aa) the court has revoked a certificate for the summary administration of a bankrupt’s estate under section 275(3), (bb) the court has made an order under section 279(3) that the relevant period under that section shall cease to run for the period specified in the order, or (cc) the court has discharged an order under section 279(3) being satisfied that the relevant period should begin to run again;

(ii) a statement that discharge has been suspended where the court has made an order under section 279(3) that the relevant period under that section shall cease to run until the fulfilment of such conditions as may be specified in the order;

(iii) the fact that and date on which the bankrupt is discharged.

Notification of Changes

6.223(C)— (1) If the official receiver becomes aware that the information which has been entered in the register is inaccurate he shall rectify the information entered in the register.

(2) If the official receiver receives notice of the date of death of a bankrupt in respect of whom specified bankruptcy information has been entered in the register he shall cause such date to be entered in the register.”.