Part XV Subordinate Legislation

General insolvency rules

412 Individual insolvency rules (England and Wales).

(1)

The Lord Chancellor may, with the concurrence of the Secretary of State F1and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice, make rules for the purpose of giving effect to F2Parts 7A to 11 of this Act F3or the F4EU Regulation .

(2)

Without prejudice to the generality of subsection (1), or to any provision of those Parts by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—

(a)

any such provision as is specified in Schedule 9 to this Act or corresponds to provision contained immediately before the appointed day in rules made under section 132 of the M1Bankruptcy Act 1914; and

(b)

such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

F5(2A)

For the purposes of subsection (2), a reference in Schedule 9 to this Act to doing anything under or for the purposes of a provision of this Act includes a reference to doing anything under or for the purposes of the F6EU Regulation (in so far as the provision of this Act relates to a matter to which the F6EU Regulation applies).

(2B)

Rules under this section for the purpose of giving effect to the F7EU Regulation may not create F8a new relevant offence.

(3)

Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

(5)

Nothing in this section prejudices any power to make rules of court.

F9(6)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.