(1)These Rules may be cited as the Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 and come into force on 8th December 2017.
(2)Parts 1-2 and 4-5 of these Rules extend to England and Wales only.
(3)Part 3 of these Rules extends to Scotland only.
After rule 10.1(9) insert—“10 When the statutory demand is to be served out of the jurisdiction, the time limits of 18 days and 21 days referred to in sub-paragraphs 10.1(1)(m) and (n) above must be amended as follows—a for any reference to 18 days there must be substituted the number of days which is the appropriate number of days set out in the table accompanying the Practice Direction supplementing Section IV of CPR Part 6 plus 4 days; andb for any reference to 21 days there must be substituted the number of days which is the appropriate number of days set out in the table accompanying the Practice Direction supplementing Section IV of CPR Part 6 plus 7 days.”
After rule 10.9(3) insert—“4 The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed by rule 10.2.”
(2)For sub-paragraph (d) substitute—“d the fee payable under any order made under section 415 for the performance by the official receiver of the general duties of the official receiver and any repayable sum deposited under any such order as security for the fee;”
For rule 16.3(4) substitute—“4 When it is delivered, a blank proxy must not have inserted into it the name or description of any person as proxy-holder or as a nominee for the office-holder, or instructions as to how a person appointed as proxy-holder is to act.”
(2)In paragraph (1) after “decision procedure” insert “or convener of the deemed consent process”.
(3)For paragraph (5) substitute—“5 The committee is not established (and accordingly cannot act) until the office-holder has sent a notice of its membership in order to comply with paragraph (9) or (10).”
Article 12Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation)#
In rule 21.12(2) after “in this rule includes” insert “as the context requires”.
Article 13Schedule 2 (Transitional and savings provisions)#
(1)Schedule 2 is amended as follows.
(2)In paragraph 7(5) after “ceased to act” insert “, or an administrator has sent a progress report to creditors in support of a request for their consent to an extension of the administration,”.
(3)In paragraph 14(3) after “rescind” insert “, vary”, and for “14(2)(a)” substitute “14(2)”.
(4)In the title of paragraph 21 for “fee” substitute “fees and expenses”.
(5)For the introductory words to paragraph 21(1) substitute—“1 Rules 18.4(1)(e), 18.16(4) to (10), and 18.30 do not apply in a case where before 1st October 2015—”
(6)For the title of paragraph 22 substitute—“Transitional provision for companies entering administration before 6th April 2010 and moving to voluntary liquidation between 6th April 2010 and 8th December 2017 inclusive of those dates”
(7)For paragraph 22 substitute—“22 Where—a a company goes into administration before 6th April 2010; andb the company goes into voluntary liquidation under paragraph 83 of Schedule B1 between 6th April 2010 and 8th December 2017 inclusive of those dates;the 1986 Rules as amended by the Insolvency (Amendment) Rules 2010 apply to the extent necessary to give effect to section 104A of the Act notwithstanding that by virtue of paragraph 1(6)(a) or (b) of Schedule 4 to the Insolvency (Amendment) Rules 2010 those amendments to the Insolvency Rules 1986 would otherwise not apply.”
In Schedule 4 for paragraph 6(3) substitute—“3 Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.”
The Insolvency Regulations 1994 are amended as follows.
Article 16Provision of accounts by liquidator and audit of accounts#
(1)Regulation 14 is amended as follows.
(2)In paragraph (2) for “the holding of the final general meeting of creditors” substitute “sending the final account to creditors”.
(3)For paragraph (3) substitute—“3 In the case of a winding up by the court, where an account has been sent pursuant to section 146(3)(a), the liquidator shall, within 14 days of sending the account, send to the Secretary of State an account of his receipts and payments as liquidator which are not covered by any previous account so sent by him, or if no such account has been sent an account of his receipts and payments in respect of the whole period of his office.”
Article 17Provision of accounts by trustee and audit of accounts#
(1)Regulation 28 is amended as follows.
(2)In paragraph (2) for “the holding of the final general meeting of creditors” substitute “sending the final report to creditors”.
(3)For paragraph (3) substitute—“3 Where a report has been sent pursuant to section 331(2A)(a), the trustee shall, within 14 days of sending the report, send to the Secretary of State an account of his receipts and payments as trustee which are not covered by any previous account so sent by him, or if no such account has been sent, an account of his receipts and payments in respect of the whole period of his office.”
In Schedule 2 paragraph 1 sub-paragraph 1 in the definition of “the Rules”, for “Insolvency Rules 1986” substitute “Insolvency (England and Wales) Rules 2016”.