The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014

Rule 4

SCHEDULE 2 Amendments to the Insolvency Rules 1986

Individual insolvency

Rule 5A.21 (Court in which applications under section 251M (powers of court in relation to debt relief order) or 251N (inquiry into debtor’s dealings and property) to be made)

1.—(1) Rule 5A.21(1) is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraph (1)(c) and paragraphs (2), (3) and (4) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraphs (3)(a) and (b) for “the county court for the insolvency district” substitute “the county court hearing centre which serves the insolvency district”.

(5) In paragraph (4)(a) for “court” in each place where it occurs substitute “county court hearing centre”.

(6) In paragraph (5) after “court” insert “and, where the application is made to the county court, the appropriate county court hearing centre”.

Rule 6.4 (Application to set aside statutory demand)

2.—(1) Rule 6.4(2) is amended as follows.

(2) In paragraph (2) after “must be made to the court” insert “or county court hearing centre”.

(3) In paragraph (2A) in the introductory words after “court” in each place where it occurs insert “or hearing centre” and in sub-paragraph (c)(ii) for “the Central London County Court” substitute “the County Court at Central London”.

Rule 6.9A (Court in which creditor’s bankruptcy petition to be presented)

3.—(1) Rule 6.9A(3) is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraphs (3), (4) and (5) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraphs (4)(a) and (b) for “the county court for the insolvency district” substitute “the county court hearing centre which serves the insolvency district”.

(5) In paragraphs (6) after “court” in each place where it occurs insert “or county court hearing centre”.

(6) In paragraph (7) after “court” insert “and, where the court is the county court, the appropriate county court hearing centre”.

Rule 6.40A (Court in which debtor’s bankruptcy petition to be presented)

4.—(1) Rule 6.40A(4) is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraphs (3), (4) and (5) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraph (6) in the introductory words after “the debtor’s own county court” insert “hearing centre” and in sub-paragraphs (a) and (b) for “court” in each place where it occurs substitute “county court hearing centre”.

(5) In paragraph (7) after “the court” insert “or county court hearing centre”.

(6) In paragraph (8) after “the appropriate court” insert “and, where the court is the county court, the appropriate county court hearing centre”.

Rule 7.10C (Application for a block transfer order)

5.—(1) Rule 7.10C(5) is amended as follows.

(2) In paragraph (1)(b) after “the court” insert “or county court hearing centre “.

(3) For paragraph (8)(b) substitute “the identity of the court or county court hearing centre in which the case is currently proceeding”.

(4) In paragraph (10) in the opening words for “in a county court or more than one county court” substitute “the county court”.

(5) In paragraph (10)(a) for “convenient county court having insolvency jurisdiction” substitute “convenient county court hearing centre in which insolvency proceedings of such type may be commenced”.

Court procedure and practice

Rule 7.11 (General power of transfer of proceedings between courts)

6.—(1) Rule 7.11(6) is amended as follows.

(2) In paragraphs (1) and (2) after “county court” in each place where it occurs insert “hearing centre”.

(3) In paragraph (3) substitute “the county court” for “a county court” and for “a court which has jurisdiction to wind up companies” substitute “a county court hearing centre in which proceedings to wind up companies may be commenced under the Act”.

(4) In paragraph (3A) substitute “the county court” for “a county court” and for “a court which has jurisdiction in bankruptcy” substitute “a county court hearing centre in which bankruptcy proceedings may be commenced under the Act”.

(5) In paragraph (4) substitute “the county court” for “a county court” and for “that Court” substitute “the High Court”.

(6) In paragraph (4A) after “county court” in each place in which it appears insert “hearing centre”.

Rule 7.12 (Proceedings commenced in wrong court)

7.—(1) Rule 7.12(7) is amended as follows.

(2) In the opening words and in sub-paragraph (a) and (b) after “court” in each place where it appears insert “or county court hearing centre”.

Rule 7.13 (Applications for transfer)

8.—(1) Rule 7.13(8) is amended as follows.

(2) In paragraph (2) after the second and third “court” insert “or county court hearing centre”.

(3) In paragraph (3) after “court” in each of sub-paragraphs (a) and (b) insert “or county court hearing centre”.

Rule 7.14 (Procedure following order for transfer)

9.—(1) Rule 7.14(9) is amended as follows.

(2) In paragraphs (1) and (2) after “court” in each place where it appears insert “or county court hearing centre”.

(3) In paragraph (3)(a) after “county court” insert “hearing centre” and for “that court” substitute “that hearing centre”.

(4) In paragraph (3)(b) after “county court” insert “hearing centre”.

Rule 7.15 (Consequential transfer of other proceedings)

10.—(1) Rule 7.15(10) is amended as follows.

(2) In paragraph (1)(c) and (4) for “a county court” in each place where it occurs substitute “the county court”.

Rule 7.16 (Nomination and appointment of shorthand writers)

11.—(1) Rule 7.16(11) is amended as follows.

(2) In paragraph (1) substitute “the county court” for “a county court”.

Rule 7.19 (Enforcement of court orders)

12.—(1) Rule 7.19(12) is amended as follows.

(2) In the first sentence of paragraph (2) after “county court” in each place where it appears insert “hearing centre”, for the “primary court” substitute “the primary hearing centre” and for the “secondary court” substitute “the secondary hearing centre”.

(3) For the second sentence in paragraph (2) substitute “This applies whether or not the secondary hearing centre is one in which insolvency proceedings may be commenced under the Act”.

(4) In paragraph (3) for subparagraph (a) substitute “has been brought before a county court hearing centre in which insolvency proceedings may be commenced under the Act”.

Rule 7.21 (Warrants (general provisions))

13.—(1) Rule 7.21(13) is amended as follows.

(2) In paragraph (1) substitute “the county court” for “a county court” and delete the words in brackets.

(3) For paragraph (2)(b) substitute “in the case of a county court hearing centre, the bailiffs”.

Rule 7.24 (Execution of warrants outside court’s district)

14.  Rule 7.24 is revoked.

Rule 7.35 (Procedure where detailed assessment required)

15.—(1) Rule 7.35(14) is amended as follows.

(2) In paragraph (6) for “a county court” substitute “the county court”.

Rule 7.47 (Appeals and reviews of court orders in corporate insolvency)

16.—(1) Rule 7.47(15) is amended as follows.

(2) In paragraph (3) for “A county court” substitute “The county court”.

Rule 7.52 (Right of audience)

17.  Rule 7.52(1)(16) is amended by substituting for “a county court” the words “the county court”.

Rule 12A.28 (Execution overtaken by judgment debtor’s insolvency)

18.—(1) Rule 12A.28(17) is amended as follows.

(2) In paragraph (3) for the opening words substitute “Where the execution is in a county court hearing centre then if—” and for “that court” in sub-paragraphs (a) and (b) substitute the words “the county court hearing centre in charge of such execution”.

Rule 12A.33 (Contents of notices to be gazetted under the Act or Rules)

19.—(1) Rule 12A.33(18) is amended as follows.

(2) For paragraph (2)(f) substitute “the name of the court or of the hearing centre of the county court and any number assigned to the proceedings by the court or hearing centre”.

Schedule 2 (Alternative Courts)

20.—(1) Schedule 2(19) is amended as follows.

(2) For the Schedule’s heading “Alternative Courts” substitute the heading “Alternative county court hearing centres”.

(3) In the table for the headings “Debtor’s own county court” and “Nearest full-time court” substitute the headings “Debtor’s own county court hearing centre” and “Nearest full-time hearing centre”.

(4) The following entries in the first column of the table are deleted together with the corresponding entries in the second column—

Aberdare,

Burton on Trent,

Dewsbury,

Kidderminster,

Newbury,

Shrewsbury and

Stourbridge.

Schedule 4 (Forms)

Form 4.2 (Winding-up petition)

21.  Form 4.2(20) is amended by inserting in the endorsement after “County Court” the words “hearing centre”.

Form 6.1 (Statutory demand for liquidated sum payable immediately)

22.—(1) Form 6.1(21) is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” substitute “County Court at Central London” and after “County Court” insert “hearing centre”.

Form 6.2 (Statutory demand for liquidated sum payable immediately following a judgment etc.)

23.—(1) Form 6.2(22) is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” in each place where it occurs substitute “County Court at Central London” and in the last sentence of Part A after “County Court” insert “hearing centre”.

(4) In Part C after “County Court” in each place where it occurs insert “hearing centre”,

Form 6.3 (Statutory demand for a debt payable at a future date)

24.—(1) Form 6.3(23) is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” substitute “County Court at Central London” and after “County Court” insert “hearing centre”.

Form 6.7 (Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately

25.—(1) Form 6.7(24) is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”; and

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Form 6.8 (Creditor’s petition on failure to comply with a statutory demand for liquidated sum payable at future date)

26.—(1) Form 6.8(25) is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Form 6.9 (Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part)

27.—(1) Form 6.9(26) is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Form 6.10 (Bankruptcy petition for default in connection with voluntary arrangement)

28.—(1) Form 6.10(27) is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Form 6.14 (Application for registration of petition in bankruptcy against an individual under Land Charges Act 1972)

29.  Form 6.14(28) is amended by inserting after “County Court” (where the name of the court is required) “hearing centre”.

Form 6.16 (Notice of substituted service of bankruptcy petition)

30.  Form 6.16 is amended by inserting in the title after “County Court” the words “hearing centre”.

Form 6.27 (Debtor’s bankruptcy petition)

31.—(1) Form 6.27(29) is amended as follows.

(2) In the section numbered 2 of the debtor’s statement—

(a) in the second (alternative) paragraph for “Central London County Court” substitute “County Court at Central London”;

(b) in the third (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Form 7.1A (Application notice)

32.  In form 7.1A(30) in the title box for “full name of court and if known, the division or district registry of the court” substitute “full name of the court (and if known, the division or district registry) or of the county court hearing centre”.

(1)

Part 5A was inserted by Schedule 1 to S.I. 2009/642; rule 5A.21 was substituted by rule 1 of S.I. 2011/785.

(2)

Rule 6.4 was amended by S.I.s 2009/642, 2010/686 and 2011/785.

(3)

Rule 6.9A was inserted by S.I. 2010/686 and was substituted by S.I. 2011/785.

(4)

Rules 6.40A was inserted by S.I. 2010/686 and was substituted by S.I. 2011/785.

(5)

Rule 7.10C was inserted by S.I. 2010/686.

(6)

Rule 7.11 was amended by S.I. 2009/642 and S.I. 2010/686.

(7)

Rule 7.12 was amended by S.I. 2009/642.

(8)

Rule 7.13 was amended by S.I. 2009/642.

(9)

Rule 7.14 was amended by S.I. 2009/642 and S.I. 2010/686.

(10)

Rule 7.15 was amended by S.I. 2010/686.

(11)

Rule 7.16 was amended by S.I. 2010/686 and S.I. 2009/642.

(12)

Rule 7.19 was amended by S.I. 2010/686.

(13)

Rule 7.21 was amended by S.I. 2009/642 and S.I. 2010/686.

(14)

Rule 7.35 was substituted by S.I. 1999/1022 and amended by S.I. 2010/686.

(15)

Rule 7.47 was amended by S.I. 2010/686.

(16)

Rule 7.52 was amended by S.I. 2010/686.

(17)

Rule 12A.28 was inserted by S.I. 2010/686.

(18)

Rule 12A.33 was inserted by S.I. 2010/686.

(19)

Schedule 2 was substituted by S.I. 1987/1919 and amended by S.I. 2009/642 and S.I. 2010/686.

(20)

Form 4.2 was substituted by S.I. 2002/1307 and amended by S.I. 2009/2472 and S.I. 2010/686.

(21)

Form 6.1 was substituted by S.I. 2003/1730 and amended by S.I. 2010/686 and S.I. 2011/785.

(22)

Form 6.2 was substituted by S.I. 2003/1730 and amended by S.I. 2010/686 and S.I. 2011/785.

(23)

Form 6.3 was substituted by S.I. 2003/1730 and amended by S.I. 2010/686 and S.I. 2011/785.

(24)

Form 6.7 was substituted by S.I. 2002/1307 and amended by S.I. 2010/686 and S.I. 2011/785.

(25)

Form 6.8 was substituted by S.I. 2002/1307 and amended by S.I. 2010/686 and S.I. 2011/785.

(26)

Form 6.9 was substituted by S.I. 2005/527 and amended by S.I. 2010/686 and S.I. 2011/785.

(27)

Form 6.10 was substituted by S.I. 2002/1307 and amended by S.I. 2010/686 and S.I. 2011/785.

(28)

Form 6.14 was substituted by S.I. 1987/1919 and amended by S.I. 2010/686.

(29)

Form 6.27 was substituted by S.I. 2002/1307 and amended by S.I. 2010/686 and S.I. 2011/785.

(30)

Form 7.1A was substituted by S.I. 2010/686.