The Insolvency (England and Wales) Rules 2016

Consideration of the proposal

8.22.—(1) This rule applies where the nominee is required to seek a decision from the debtor’s creditors as to whether they approve the debtor’s proposal.

(2) The nominee must deliver to each creditor a notice which complies with rule 15.8 so far as is relevant.

(3) The notice must also contain—

(a) identification details for the proceedings;

(b) where an interim order has not been obtained, details of the court or hearing centre to which an application relating to the proposal or the IVA must be made under rule 8.20(2);

(c) where an interim order is in force, details of the court or hearing centre in which the nominee’s report on the debtor’s proposal has been filed under section 256(1);

(d) a statement as to how a person entitled to vote for the proposal may propose a modification to it, and how the nominee will deal with such a proposal for a modification.

(4) The notice may contain or be accompanied by a notice that the results of the consideration of the proposal will be made available for viewing and downloading on a website and that no other notice will be delivered to the creditors to whom the notice under this rule was sent.

(5) Where the results of the consideration of the proposal are to be made available for viewing and downloading on a website the nominee must comply with the requirements for use of a website to deliver a document set out in rule 1.49(2)(a) to (c), (3) and (4) with any necessary adaptations and rule 1.49(5)(a) applies to determine the time of delivery of the document.

(6) The notice must be accompanied by the following (unless they have been delivered already under rule 8.19)—

(a) a copy of the proposal;

(b) a copy of the statement of affairs, or a summary including a list of creditors with the amounts of their debts; and

(c) a copy of the nominee’s report on the proposal.

(7) The decision date must be not less than 14 days from the date of delivery of the notice and not more than 28 days from the date on which—

(a) the nominee received the document and statement of affairs referred to in section 256A(2) in a case where an interim order has not been obtained; or

(b) the nominee’s report was considered by the court in a case where an interim order is in force.

(1)

Section 256 is amended by paragraph 61 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).