The Insolvency (Amendment) Rules 2016

Amendments to the 1986 Rules

3.  In Part 5 (individual voluntary arrangements)(1)—

(a) in Rule 5.3(2)(c)(iii) (contents of proposal) for “adjudged” substitute “made”.

(b) in Rule 5.5(2) (statement of affairs) omit “272 (debtor’s petition) or”.

(c) in Rule 5.6(2)(b) (additional disclosure for assistance of nominee) for “adjudged” substitute “made”.

(d) in Rule 5.7(1)(c) (application for interim order) for “petition” substitute “apply”.

(e) in Rule 5.8 (court in which application to be made)—

(i) in paragraph (1) for “present his own petition in bankruptcy under Rule 6.40A” substitute “make an application in accordance with Rule 6.50A”;

(ii) in paragraph (3) after “bankruptcy proceedings” insert “or, where the court does not have the conduct of the bankruptcy proceedings, to the court that the debtor would be entitled to make an application in accordance with Rule 6.50A and the application will be placed on the bankruptcy file”.

(f) in Rule 5.14B (applications to the court)—

(i) in paragraph (1) for “present the debtor’s petition in bankruptcy under Rule 6.40A” substitute “make an application in accordance with Rule 6.50A”;

(ii) for paragraph (2) substitute—

“(2) Where the debtor is an undischarged bankrupt, the appropriate court is—

(a) the court having the conduct of the debtor’s bankruptcy, if any, or,

(b) where the court does not have the conduct of the bankruptcy proceedings, to the court that the debtor would be entitled to make an application in accordance with Rule 6.50A

and any application must be filed with the court and placed on the bankruptcy file, if any.”

(1)

Part 5 was substituted by S.I. 2002/2712; relevant amending instrument is S.I. 2010/686.