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Statutory Instruments

2005 No. 544

INSOLVENCY, ENGLAND AND WALES

FEES

The Insolvency Proceedings (Fees) (Amendment) Order 2005

Made

7th March 2005

Laid before Parliament

8th March 2005

Coming into force

1st April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 414 and 415 of the Insolvency Act 1986( 1 ) and with the sanction of the Treasury hereby makes the following Order:

Citation and commencement

1. —(1) This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2005 and shall come into force on 1 st April 2005 (“the commencement date”).

Interpretation

2. In this Order references to the “principal Order” are to the Insolvency Proceedings (Fees) Order 2004( 2 ) and a reference in this Order (other than in article 3) to a numbered article or Schedule is to the article or Schedule so numbered in the principal Order.

Transitional provision

3. The amendments made by article 6 of this Order only apply in relation to any case where a winding-up or a bankruptcy order is made on or after the commencement date.

Amendments to the principal Order

4. The principal Order shall be amended as set out in this Order.

Amendments to article 6 of the principal Order

5. In article 6—

(a) in paragraph (1)(c) after the words “sections 264(1)(a),” there is inserted “(ba), (bb),”; and

(b) in paragraph (2) for the words “The deposit” there are substituted “Where a bankruptcy or winding-up petition is presented the appropriate deposit is payable by the petitioner and the deposit”.

Amendments to Schedule 2 to the principal Order

6. In Schedule 2 for paragraph 1(2)(b) there is substituted—

(b) does not include anything done by the official receiver in connection with or for the purposes of—

(i) the appointment of agents for the purposes of, or in connection with, the realisation of assets;

(ii) the making of a distribution to creditors (including preferential or secured creditors or both such classes of creditor);

(iii) the realisation of assets on behalf of the holder of a fixed or floating charge or both types of those charges; or

(iv) the supervision of a special manager. .

Falconer of Thoroton, C

3rd March 2005

We concur

Nick Ainger

Jim Murphy

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2005

( 1 )

1986 c. 45 .

( 2 )

S.I. 2004/593 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Insolvency Proceedings (Fees) (Amendment) Order 2005 (2005/544)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
principal Orderart. 2.principal__rtuKT5M
the commencement dateart. 1.the_commen_rtWSc7M
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The Insolvency Proceedings (Fees) (Amendment) Order 2005 2005 No. 544 Order revoked The Insolvency Proceedings (Fees) Order 2016 2016 No. 692 Sch. 2 Not yet

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