Citation, commencement and revocation

1. —(1) This Order may be cited as the Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2009 and comes into force on 6th April 2009.

(2)The Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) (No.2) Order 2005( 2 ) and the Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2008( 3 ) are revoked.

Amendment to the Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003

2.The Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003( 4 ) (“the principal Order”) is amended as set out below.

3. In article 2 of the principal Order, for paragraph (2), substitute—

“ (2) On or before 6th April 2009 and on or before 6th April in each subsequent year, there shall be paid to the Secretary of State by each body recognised pursuant to section 391 in respect of the maintenance of that body’s recognition pursuant to that section, a fee calculated by multiplying £300 by the number of persons who as at the 1st January in that year were authorised to act as insolvency practitioners by virtue of membership of that body. ” .

4. —(1) This article applies to a body recognised pursuant to section 391 of the Insolvency Act 1986 that—

(a) pursuant to article 2(2) of the principal Order (as it stood before the coming into force of this Order) makes a payment by reference to the number of persons who as at 1st January 2009 were authorised to act as insolvency practitioners by virtue of membership of that body; and

(b) makes that payment in the period commencing on 1st January 2009 and ending immediately before 6th April 2009.

(2) The substitution of article 2(2) of the principal Order by article 3 of this Order shall not require a body to which this article applies to make any further payment by reference to the number of persons who as at 1st January 2009 were authorised to act as insolvency practitioners by virtue of membership of that body.

5. In each of paragraphs (3), (4) and (5) of article 3 of the principal Order, for “£2,550” substitute “£3,250”.

6. In the Table of fees in paragraph 2 of the Schedule to the principal Order—

(a) in relation to fee No. 1 (banking fee: winding up by the court and bankruptcy), for the amount of the fee in the third column, substitute “£18”;

(b) in relation to fee No. 2 (banking fee: voluntary winding up), for the amount of the fee in the third column, substitute “£23”;

(c) in the first column, between the reference to fee No. 2B and the reference to fee No. 3, insert a reference to fee No 2C;

(d) for the description of fee No. 2C in the second column and the circumstances in which it is payable, insert—

“ Payment of unclaimed dividends or other money – voluntary winding up

Where any money is paid into the Insolvency Services Account pursuant to regulation 18(2)(a), that payment shall be accompanied by a fee in respect of each company to which it relates of— ” ;

(e) for the amount of fee No. 2C in the third column, insert “£25.00”;

(f) in relation to fee No.3 (cheque etc issue fee), for the amount of the fee in the third column payable in respect of item (ii), substitute “£1”.