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SCHEDULES

SCHEDULE 8E+W+S Provisions Capable of Inclusion in Company Insolvency Rules

Modifications etc. (not altering text)

C1Sch. 8 applied (with modifications) (S.) (6.4.2001 to the extent that that Sch. does not apply to voluntary arrangements or administrations within the meaning of Pts. I, II of the Act) by S.S.I. 2001/128, reg. 4(1), Sch. 2

C2Sch. 8 applied in part (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1 para. 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 20)

Information and recordsE+W+S

20E+W+SProvision requiring registrars and other officers of courts having jurisdiction in England and Wales in relation to, or to matters connected with or arising out of, the insolvency or winding up of companies—

(a)to keep books and other records with respect to the exercise of that jurisdiction, and

(b)to make returns to the Secretary of State of the business of those courts.

21E+W+SProvision requiring a creditor, member or contributory, or such a committee as is mentioned in paragraph 10 above, to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.

22E+W+SProvision as to the manner in which public examinations under section 133 and 134 of this Act and proceedings under sections 236 and 237 are to be conducted, as to the circumstances in which records of such examinations or proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.

23E+W+SProvision imposing requirements with respect to—

(a)the preparation and keeping by the liquidator, administrator or administrative receiver of a company, or by the supervisor of a voluntary arrangement approved under Part I of this Act, of prescribed books, accounts and other records;

(b)the production of those books, accounts and records for inspection by prescribed persons;

(c)the auditing of accounts kept by the liquidator, administrator or administrative receiver of a company, or the supervisor of such a voluntary arrangement; and

(d)the issue by the administrator or administrative receiver of a company of such a certificate as is mentioned in section 22(3)(b) of the M1Value Added Tax Act 1983 (refund of tax in cases of bad debts) and the supply of copies of the certificate to creditors of the company.

Marginal Citations

24E+W+SProvision requiring the person who is the supervisor of a voluntary arrangement approved under Part I, when it appears to him that the voluntary arrangement has been fully implemented and that nothing remains to be done by him under the arrangement—

(a)to give notice of that fact to persons bound by the voluntary arrangement, and

(b)to report to those persons on the carrying out of the functions conferred on the supervisor of the arrangement.

25E+W+SProvision as to the manner in which the liquidator of a company is to act in relation to the books, papers and other records of the company, including provision authorising their disposal.

26E+W+SProvision imposing requirements in connection with the carrying out of functions under section [F17A] of the M2Company Directors Disqualification Act 1986 (including, in particular, requirements with respect to the making of periodic returns).