Statutory Instruments
2008 No. 714
Insolvency, England And Wales
Fees
The Insolvency Proceedings (Fees) (Amendment) Order 2008
Made
10th March 2008
Laid before Parliament
13th March 2008
Coming into force
6th April 2008
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, makes the following Order:—
Citation and commencement
1. This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2008 and shall come into force on 6th April 2008 (“the commencement date”).
Amendment to the Insolvency Proceedings (Fees) Order 2004
2. —(1) Subject to article 3 of this Order, the Insolvency Proceedings (Fees) Order 2004( 2 ) (“the principal Order”) is amended as set out below.
(2) In article 5, for “£335”, there is substituted “£345”.
(3) In the definition of “appropriate deposit” in article 6—
(a) in paragraph (a), for “£670”, there is substituted “£690”;
(b) in paragraph (b), for “£335”, there is substituted “£345”; and
(c) in paragraph (c), for “£400”, there is substituted “£415”.
(4) In the Table of Fees in Schedule 2,
(a) in respect of the fee designated as fee B2, in the description of the fee and the circumstances in which it is charged in the second column, for the figure “£100,000”, there is substituted “£80,000”;
(b) in respect of the fee designated as fee W1, for “£2,090” prescribed as the amount of that fee, there is substituted “£2,160”; and
(c) in respect of the fee designated as fee W2, in the description of the fee and the circumstances in which it is charged in the second column, for the figure “£100,000”, there is substituted “£80,000”.
Transitional provisions
3. —(1) The amendments made by article 2 of this Order shall apply as set out below.
(2) The amendment made by article 2(2) shall only apply to reports submitted to the court in respect of debtors’ petitions presented on or after the commencement date.
(3) The amendments made by article 2(3), increasing the fees prescribed by article 6 of the principal Order, shall only apply to petitions presented on or after the commencement date.
(4) The amendments made by article 2(4)(a) and (c) shall not affect any liability to pay a fee in excess of £80,000 which has arisen prior to the commencement date.
(5) The amendment made by article 2(4)(b) shall only apply in respect of winding up orders made on or after the commencement date.
Jack Straw
Lord Chancellor
4th March 2008
We concur
Frank Roy
Dave Watts
Two of the Lord’s Commissioners of Her Majesty’s Treasury
10th March 2008
S.I. 2004/593 , as amended by S.I. 2005/544 , S.I. 2006/561 and S.I. 2007/521 .