Statutory Instruments
2006 No. 561
INSOLVENCY, ENGLAND AND WALES
FEES
The Insolvency Proceedings (Fees) (Amendment) Order 2006
Made
2nd March 2006
Laid before Parliament
6th March 2006
Coming into force
1st April 2006
Citation and commencement
1. This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2006 and shall come into force on 1st April 2006 (“the commencement date”).
Amendments to the Insolvency Proceedings (Fees) Order 2004
2. —(1) Subject to article 6, the Insolvency Proceedings (Fees) Order 2004( 4 ) (“the principal Order”), shall be amended as set out below.
(2) In the definition of appropriate deposit in article 6—
(a) in paragraph (a), for “£620”, there is substituted “£655”;
(b) in paragraph (b), for “£310”, there is substituted “£325”; and
(c) in paragraph (c), for “£370”, there is substituted “£390”.
(3) In article 7(1), for “£335”, there is substituted “£315”.
(4) In the Table of Fees in Schedule 2, in respect of the fee designated as fee IVA1, for the amount of “£35” prescribed as payable on the registration of an individual voluntary arrangement by the Secretary of State, there is substituted “£15”.
Amendments to the continuing application of the Insolvency Fees Order 1986
3. —(1) —Article 3 of, and the entry in Schedule 1 to the principal Order, revoking the Insolvency Fees Order 1986( 5 ) (“the 1986 Order”) to the extent set out in that Schedule, shall be read subject to paragraphs (2) and (3).
(2) In relation to a winding up to which the 1986 Order continues to apply by virtue of the provisions of the principal Order referred to in paragraph (1), paragraphs (iii) to (viii) shown in relation to Fee No. 10 in Part 1 of the Schedule to the 1986 Order shall cease to have effect in relation to any payments into the Insolvency Services Account made on or after the commencement date.
(3) In relation to a bankruptcy to which the 1986 Order continues to apply by virtue of the provisions of the principal Order referred to in paragraph (1), paragraphs (c) to (h) shown in relation to Fee No. 13 in Part 2 of the Schedule to the 1986 Order shall cease to have effect in relation to any payments into the Insolvency Services Account made on or after the commencement date.
Amendment to the Companies (Department of Trade and Industry) Fees Order 1985
4.The Companies (Department of Trade and Industry) Fees Order 1985( 6 ) shall be amended by omitting paragraphs (c) to (f) shown in relation to Fee No. 3 in the Schedule to that Order.
Amendment to the Bankruptcy Fees Order 1984
5.The Bankruptcy Fees Order 1984( 7 ) shall be amended by omitting paragraphs (c) to (f) shown in relation to Fee No. 13 in Table B of the Schedule to that Order.
Transitional provisions
6. —(1) The amendments made by article 2(2)(a), (b) and (c) of this Order, increasing the fees prescribed by article 6 of the principal Order, shall only apply to petitions presented on or after the commencement date.
(2) The amendment made by article 2(3) of this Order, reducing the fee prescribed by article 7(1) of the principal Order, shall only apply to notifications sent to the official receiver on or after the commencement date.
(3) The amendment in respect of fee IVA1 made by Article 2(4) shall apply to a voluntary arrangement under Part VIII of the Insolvency Act 1986 in respect of which information required to be submitted to the Secretary of State by virtue of Part 5 of the Insolvency Rules 1986( 8 ) is first submitted in relation to that arrangement on or after the commencement date.
Falconer of Thoroton, C
1st March 2006
We concur
Gillian Merron
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2006
1985 c. 6 . Section 663 of the Companies Act 1985 was repealed by section 235 of, and Part II of Schedule 10 to, the Insolvency Act 1985. By virtue of paragraph 4 of Schedule 11 to the Insolvency Act 1986, section 663(4) of the Companies Act 1985 (and orders made under it which were in force immediately prior to 29th December 1986) remains in force in relation to a winding up by the court where the winding up commenced before 29th December 1986.
1914 c. 59 . The Bankruptcy Act 1914 was repealed by section 235 of, and Part III of Schedule 10 to, the Insolvency Act 1985. By virtue of paragraph 10 of Schedule 11 to the Insolvency Act 1986, the Bankruptcy Act 1914 and secondary legislation made thereunder which was in force immediately prior to the 29th December 1986 remain in effect in relation to bankruptcy proceedings where the petition was presented before 29th December 1986.
S.I. 2004/593 , amended by S.I. 2005/544 .
S.I. 2001/761 , was revoked by S.I. 2004/593 subject to savings in respect of Fee 10 and Fee 13 in the Schedule thereto.
S.I. 1985/1784 , amended by S.I. 1990/559 and S.I. 1991/494 , was revoked by S.I. 2004/593 subject to savings in respect of Fee 3 in the Schedule thereto.
S.I. 1984/880 , as amended by S.I. 1985/1783 , S.I. 1990/559 and S.I. 1991/494 , was revoked by S.I. 2004/593 subject to savings in respect of Fee 13 in Table B.