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The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

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Rule 80

SCHEDULE 1Minor amendments

[Note: in rule 1.2 (defined terms), in the Note appearing after the definition of “convener”, for “Part 1” substitute “Part A1”.]

1.  The Insolvency Rules are amended as follows.

2.  In the provisions of the Insolvency Rules specified in the first column in the Table in paragraph (3), at the appropriate place, (as specified in the third column in the Table), for “Part 1” substitute “Part A1”.

3.  This is the Table referred to in paragraph 2—

Insolvency RulesTopicAppropriate place
Rule 1.1ScopeIn both places it occurs.
Rule 1.2Defined termsIn the definition of “business day” and “the Gazette”.
Rule 1.28Standard contents of notices to be delivered to persons other than the registrar of companiesIn paragraph (1).
Rule 1.35Standard contents and authentication of applications to the court under Parts 1 to 11 of the Act

In—

(a)

the heading, and

(b)

paragraph (1).

Rule 1.54Right to copies of documentsIn the place it occurs.
Rule 12.1Court rules and practice to applyIn paragraph (1).
Rule 12.3Commencement of insolvency proceedings under Parts 1 to 7 of the Act (corporate insolvency proceedings)

In—

(a)

the heading, and

(b)

paragraph (1).

Rule 12.39The court fileIn paragraph (4)(a).
Rule 12.59Appeals and reviews of court orders in corporate insolvencyIn both places it occurs.
Schedule 6Insolvency jurisdiction of county court hearing centresIn each place it occurs.

Rule 81

SCHEDULE 2Amendments in consequence of the repeal of Schedule A1 to the Insolvency Act 1986

1.  The Insolvency Rules are amended as follows.

2.  In the provisions in the Insolvency Rules specified in the first column in the Table in paragraph 3, at the appropriate place (as specified in the third column in the Table), the amendments specified in the fourth column in the Table have effect.

3.  This is the Table referred to in paragraph (2)—

Insolvency RulesTopicAppropriate placeAmendment
Rule 1.2Defined termsIn paragraph (2) in the definition of “the Act”For “Schedule A1” substitute “Schedule ZA1, ZA2,”.
In paragraph (2) in the definition of “hire-purchase agreement”Omit the words from “purposes of the Act and” to “Schedule B1”.
Rule 1.20Registrar of companies: covering noticesIn paragraph (1)(m)(iv)Omit the words after “sections 4(6) and 6A”.
Rule 1.21Standard contents of all documentsIn paragraph (1)(b)(ii)Omit “A1 or”.
Rule 1.27Standard contents of documents relating to other eventsIn sub-paragraph (a)Omit “A1 or”
Rule 1.29Standard contents of all noticesIn sub-paragraph (d)Omit “A1 or”
Rule 2.3Proposal: contentsIn the table in paragraph (1)In sub-paragraph (v) omit “or paragraph 37(2)(b)(ii) of Schedule A1”.
Chapter 3 of Part 2Procedure for a CVA without a moratoriumIn the headingOmit “without a moratorium”.
Chapter 4 of Part 2 (rules 2.11 to 2.24)Procedure for a CVA with a moratoriumOmit
Rule 2.29Creditors’ approval of modified proposalOmit
Rule 2.37Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1In the heading and paragraph (1)Omit the words after “section 4A(6)”.
Rule 2.38Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1In the headingOmit the words after “section 4(6) and (6A)”.
In paragraph (1)Omit “or paragraph 30(3) and (4) of Schedule A1”.
In paragraph (6)Omit “or paragraph 36 of Schedule A1”.
Rule 2.39Hand-over of property etc. to supervisorIn paragraph (1)Omit “or paragraph 36 of Schedule A1”.
Rule 2.40Revocation or suspension of CVAIn paragraph (1)Omit the words after “section 6”.
In paragraph (4)Omit “or under paragraph 38(4)(b) or (c) of Schedule A1”.
Rule 2.43Fees and expensesIn sub-paragraph (a)Omit the words after “section 4A”.
Rule 7.8Court to which petition is to be presented where the company is subject to a CVA or is in administrationIn paragraph (1)Omit the words after “submitted”.
Rule 12.37Application for a block transfer orderIn paragraphs (2)(a) and (3)(a)Omit the words after “section 7(5)”.
Rule 15.11Notice of decision procedures or of seeking deemed consent: when and to whom deliveredIn the table in paragraph (1) in the fourth column of the entry for “proposed CVA”Omit the words from “7 days for a decision on proposed modifications” up to and including “Schedule A1;”.
Rule 15.23Adjournment by chairParagraph (3)Omit
Rule 15.35Appeals against decisions under this ChapterIn paragraph (5)(a)Omit “or paragraph 30(3) of Schedule A1”.

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