C1 Part X Individual Insolvency: General Provisions
F1F2Giving of notices etc by office-holders
Ss. 379A 379B and cross-headings inserted (6.4.2010) by The Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 (S.I. 2010/18), art. 3(2)
S. 379B cross-heading substituted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 125(2), 164(1); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(d)
379BUse of websites
1
This section applies where—
a
a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed, or
b
a voluntary arrangement in relation to an individual is proposed or is approved under Part 8,
and “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the nominee or the supervisor of the voluntary arrangement, as the case may be.
2
Where any provision of this Act or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—
a
in accordance with the rules, and
b
in such circumstances as may be prescribed.
379CF3Creditors' ability to opt out of receiving certain notices
1
Any provision of the rules which requires an office-holder to give a notice to creditors of an individual does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.
2
Subsection (1)—
a
does not apply in relation to a notice of a distribution or proposed distribution to creditors;
b
is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
3
Except as provided by the rules, a creditor may participate and vote in a creditors' decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
4
In this section—
“give” includes deliver, furnish or send;
“notice” includes any document or information in any other form;
“office-holder”, in relation to an individual, means—
- a
where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;
- b
where an interim receiver of the individual's property is appointed, the interim receiver;
- c
the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.
- a
Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)
Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)