The Insolvency (Amendment) Rules 2010

General

2.—(1) In this paragraph, “the general Parts of the 1986 Rules” mean Parts 0 and 7 to 13 of the 1986 Rules; and—

(a) the unamended general Parts are those Parts as they have effect immediately before 6th April 2010;

(b) the amended general Parts are those Parts (including Part 12A) as they have effect on and after that date.

(2) The amended general Parts of the 1986 Rules apply in relation to Part 2 of the former Rules in any case in which a petition for an administration order is presented on or after 6th April 2010, except as provided in sub-paragraphs (3) to (6).

(3) The following amendments to the general Parts apply in relation to Part 2 of the former Rules on and after 6th April 2010 in all cases—

(a) the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 558 (so far as it relates to Forms 7.1 and 7.2 and new Form 7.1A) and 559(5) and (6);

(b) the insertion by Rule 4 into the 1986 Rules of new Rules 12A.6 to 12A.14, 12A.22 to 12A.27, 12A.31, 12A.32 and 12A.55 as set out in Schedule 3 to these Rules.

(4) In all cases on or after 6th April 2010—

(a) subject to new Rules 12A.31 and 12A.32 and sub-paragraphs (b) and (c), the forms contained in Schedule 4 to the former Rules must continue to be used, with such variations, if any, as the circumstances may require, in proceedings to which Part 2 of the former Rules apply;

(b) where an amendment provided for in paragraphs 502(3) to (6) of Schedule 1 to these Rules is capable of being applied, with or without variation, to such a form, that amendment must be so applied;

(c) where in consequence of an amendment made or applied by this Schedule, a form contained in Schedule 4 to the 1986 Rules as amended by these Rules (a “new form”) is more apt, with or without variation, than a form contained in Schedule 4 to the former Rules, with or without variation, the new form (with or without variation, as the case may be) must be used;

(d) the Secretary of State, the official receiver or an insolvency practitioner may incorporate a barcode or other reference or recognition mark into any such form a copy of which is received by any of them or is sent to any person by any of them.

(5) The insertion of new Rule 13.9A into the 1986 Rules by paragraph 497 of Schedule 1 to these Rules applies in relation to Part 2 of the former Rules on and after 6th April 2010 in all cases for the purposes of new Rules 12A.24 and 12A.25, but otherwise applies in accordance with sub-paragraph (2).

(6) Where the interpretation or application of anything in Part 2 of the former Rules is related to a provision in the unamended general Parts of the 1986 Rules and there is no provision corresponding to that provision in the amended general Parts, that provision in the unamended general Parts continues to have effect for the purposes of that interpretation or application.