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The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018

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PART 1Amendments to Secondary Legislation

12.—(1) In the following provisions, for “a Registrar in Bankruptcy of the High Court” substitute “an Insolvency and Companies Court Judge” —

(a)the definition of “Registrar of the Court” in rule 3 (interpretation) of the Deeds of Arrangement Rules 1925(1);

(b)rule 10.2(3)(a) (“the court”; “the registrar”) of the Railway Administration Order Rules 2001(2);

(c)rule 177(3)(a) (“the court”; “the registrar”) of the Energy Administration Rules 2005(3);

(d)paragraph 1(3)(a) of Schedule 2 (procedural matters in England and Wales) to the Cross-Border Insolvency Regulations 2006(4);

(e)rule 116(3)(b) (“the court”; “the registrar”) of the PPP Administration Order Rules 2007(5);

(f)the definition of “the registrar” in rule 3(1) (definitions and interpretation) of the Water Industry (Special Administration) Rules 2009(6);

(g)rule 329(3) (“the court”; “the registrar”) of the Investment Bank Special Administration (England and Wales) Rules 2011(7);

(h)rule 205(3)(a) (“the court”; “the registrar”) of the Postal Administration Rules 2013(8);

(i)rule 202(3) (“the court”; “the registrar”) of the Energy Supply Company Administration Rules 2013(9).

13.  In the Public Service Pensions Act 2013 (Judicial Offices) Order 2015(10), in the list in the Schedule (specified judicial offices)—

(a)omit the entry “Registrar or Deputy Registrar in Bankruptcy of the High Court”, and

(b)after the entry “High Court Judge (Northern Ireland) (Sitting in retirement)” insert the entry “Insolvency and Companies Court Judge or Deputy Insolvency and Companies Court Judge”.

14.  In the Insolvency (England and Wales) Rules 2016(11)—

(a)in the following provisions, for “a Registrar in Bankruptcy of the High Court” substitute “an Insolvency and Companies Court Judge”—

(i)the definitions of “judge” and “registrar” in rule 1.2(2) (defined terms);

(ii)rule 12.59(2)(a)(ii), (b)(iii), and (c) (appeals and reviews of court orders);

(b)in rule 12.59(4)—

(i)omit the definition of “Registrar in Bankruptcy of the High Court”, and

(ii)in the appropriate place insert—

“Insolvency and Companies Court Judge” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981;, and

(c)in paragraph 14 of Schedule 2 (transitional and savings provisions)—

(i)in sub-paragraph (1) for “Where” substitute “Subject to paragraph (1A), where”, and

(ii)after sub-paragraph (1) insert—

(1A) Where the 1986 Rules(12) apply by virtue of paragraph (1) they are to apply as though —

(a)in rules 7.47(2)(a)(ii), (b)(iii) and (c) and 13.2(3A)(a) for “a Registrar in Bankruptcy of the High Court” there were substituted “an Insolvency and Companies Court Judge”, and

(b)in rule 7.47(5), for the words “Registrar in Bankruptcy of the High Court” both times they appear there were substituted “Insolvency and Companies Court Judge..

(1)

S.I. 1925/795. The definition of Registrar of the Court was amended by section 74 of the Courts and Legal Services Act 1990.

(2)

S.I. 2001/3352. There are amendments not relevant to this instrument.

(3)

S.I. 2005/2483. There are amendments not relevant to this instrument.

(4)

S.I. 2006/1030. There are amendments not relevant to this instrument.

(5)

S.I. 2007/3141. There are amendments not relevant to this instrument.

(7)

S.I. 2011/1301. There are amendments not relevant to this instrument.

(10)

S.I. 2015/580. There are amendments not relevant to this instrument.

(11)

S.I. 2016/1024. These rules are amended by S.I. 2017/366.

(12)

The reference to the 1986 Rules is to the Insolvency Rules 1986 (S.I. 1986/1925) which are revoked with savings by rules 1 and 2 of, and Schedule 2 to, the Insolvency (England and Wales) Rules 2016.

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