The Insolvency (Amendment) (No. 2) Rules 2002

Citation and commencement

1.—(1) These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2002 and shall come into force on 1st January 2003.

(2) References in these Rules to “the commencement date” are to the date referred to in paragraph (1).

Interpretation

2.—(1) In these Rules references to the “principal Rules” are to the Insolvency Rules 1986(1) and a Rule referred to by number alone means the Rule so numbered in the principal Rules.

(2) These Rules shall be construed as one with the principal Rules.

Amendments to Part 1 of the principal Rules

3.—(1) Subject to paragraph (2), Part 1 of the principal Rules has effect subject to the amendments set out in Part 1 of the Schedule to these Rules.

(2) The amendments to Part 1 of the principal Rules set out in Part 1 of the Schedule to these Rules do not apply in relation to a voluntary arrangement under Part I of the Act where—

(a) a proposal is made by the directors of a company and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 1.4(3);

(b) a proposal is made by the liquidator or the administrator (acting as the nominee) and before the commencement date the liquidator or administrator (as the case may be) has sent out a notice summoning the meetings under section 3 of the Act as required by Rule 1.11; or

(c) a proposal is made by the liquidator or the administrator of a company (not acting as the nominee) and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 1.12(2);

and Part 1 of the principal Rules without the amendments made in Part 1 of the Schedule to these Rules shall continue to apply in such cases.

Amendments to Part 4 of the principal Rules

4.—(1) Subject to paragraph (2), Part 4 of the principal Rules has effect subject to the amendments set out in Part 2 of the Schedule to these Rules.

(2) The amendments to Part 4 of the principal Rules set out in Part 2 of the Schedule do not apply in relation to—

(a) a winding up by the court where the petition on which the winding-up order was made was presented prior to the commencement date; or

(b) a voluntary winding up where the resolution for winding up was passed prior to the commencement date;

and Part 4 of the principal Rules without the amendments made in Part 2 of the Schedule to these Rules shall continue to apply in such cases.

Amendments to Part 5 of the principal Rules

5.—(1) Subject to paragraph (2), for Part 5 of the principal Rules there are substituted the provisions set out in Part 3 of the Schedule to these Rules.

(2) The substituted Part 5 of the principal Rules set out in Part 3 of the Schedule to these Rules does not apply in relation to a voluntary arrangement under Part VIII of the Act where a proposal is made by a debtor and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 5.4(3) and Part 5 of the principal Rules as it stood before the commencement of these Rules shall continue to apply in such a case.

Amendments to Part 6 of the principal Rules

6.—(1) Subject to paragraph (2), Part 6 of the principal Rules has effect subject to the amendments set out in Part 4 of the Schedule to these Rules.

(2) The amendments to Part 6 of the principal Rules do not apply in relation to a bankruptcy where the petition was presented prior to the commencement date and Part 6 of the principal Rules without the amendments made in Part 4 of the Schedule to these Rules shall continue to apply in such a case.

Amendment to Rule 13.9

7.  After paragraph (2) of Rule 13.9 there is inserted—

“(3) A reference to an “authorised person” is a reference to a person who is authorised pursuant to section 389A(2) of the Act to act as nominee or supervisor of a voluntary arrangement proposed or approved under Part I or Part VIII of the Act.”.

Amendments to Schedule 4 to the principal Rules

8.—(1) In the index to forms in Schedule 4 to the principal Rules—

(a) for the entries relating to Forms 1.1 to 1.4 there are substituted the entries set out in Part 5 of the Schedule to these Rules; and

(b) after the entry for Form 5.4 there is inserted on a new line “5.5 Documents to be submitted to court under Rule 5.14”.

(2) Subject to paragraphs (3) and (4), in Schedule 4 to the principal Rules—

(a) for Forms 1.1 to 1.4 there are substituted Forms 1.1 to 1.19 as set out in Part 6 of the Schedule to these Rules;

(b) for Forms 5.2 and 5.3 there are substituted Forms 5.2 and 5.3 as set out in Part 6 of the Schedule to these Rules; and

(c) after Form 5.4 there is inserted Form 5.5 as set out in Part 6 of the Schedule to these Rules.

(3) In any case to which paragraph (2) of Rule 3 of these Rules applies, sub-paragraph (a) of paragraph (2) of this Rule shall not apply and the forms prescribed for use in relation to voluntary arrangements under Part I of the Act as they stood before the coming into force of these Rules shall continue to be used.

(4) In any case to which paragraph (2) of Rule 5 of these Rules applies, sub-paragraph (b) of paragraph (2) of this Rule shall not apply and the forms prescribed for use in relation to voluntary arrangements under Part VIII of the Act as they stood before the coming into force of these Rules shall continue to be used.

Amendments to Schedule 5 to the principal Rules

9.  In Schedule 5 to the principal Rules the entries relating to Rule 1.30 and Rule 5.30 are deleted.

Irvine of Lairg C

22nd October 2002,

I concur, on behalf of the Secretary of State,

Melanie Johnson,

Parliamentary Under-Secretary of State for Competition, Consumers and Markets,

Department of Trade and Industry

29th October 2002,