This Statutory Instrument has been printed to correct errors in SI 2010/686 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2010 No. 734
Insolvency
The Insolvency (Amendment) (No. 2) Rules 2010
Made
10th March 2010
Laid before Parliament
12th March 2010
Coming into force
6th April 2010
The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986( 1 ) (“the Act”).
The Lord Chancellor makes the following Rules—
in exercise of the powers conferred by sections 411 and 412( 2 ) of the Act,
with the concurrence of the Secretary of State, and
with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice under sections 411(7) and 412(6)( 3 ) of the Act) in relation to those Rules which affect court procedure.
Citation and commencement
1. These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2010 and come into force on 6th April 2010.
Amendment of Insolvency (Amendment) Rules 2010
2. The Insolvency (Amendment) Rules 2010( 4 ) are amended as provided in Rules 3 to 12 below.
3. In Rule 3, for “paragraph 558” substitute “paragraph 559”.
4. In paragraph 190(2) of Schedule 1, for “creditors’ committee” substitute “liquidation committee”.
5. In paragraph 204(3) of Schedule 1, for “paragraph (1)” substitute “paragraph (1A)”.
6. In paragraph 502 of Schedule 1, in each of sub-paragraphs (3) to (6), for “paragraph 558” substitute “paragraph 559”.
7. In paragraph 529 of Schedule 1—
(a) number the unnumbered first sub-paragraph as (1);
(b) renumber the second sub-paragraph (numbered (1)) as (2).
8. In sub-paragraph (2) of each of paragraphs 531, 532 and 556 of Schedule 1, at the beginning of the words in quotation marks “HM Land Registry is cancelled” insert “at”.
9. Omit paragraph 538 of Schedule 1.
10. In the heading of Schedule 2, for the reference to paragraph 558 of Schedule 1 substitute a reference to paragraph 559.
11. For paragraph 2(1)(b) of Schedule 4 substitute—
“ (b) the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 21(3), 22, 35, 36(2) to (4), 37, 40(3), 42, 43(4), 45(4), 66(5) and (6), 95, 97(2), 99(3), 106, 108(3), 109, 113, 114, 116(2) and (3)(a), 117, 142(2), 143, 146(2) to (5), (7) and (8)(a), 149(3), 150(2), (3)(a) and (4), 154 to 156, 161, 162(2) to (6) and (8), 165(2) and (3)(a) and (c), 166, 168(2), 169, 170(2) and (3), 171, 173, 210(2)(a) and (c), 211(2)(a) and (c), 222(4)(a) and (c), 226(2)(a) and (c), 248(2) and (3)(b), 250, 254(3), 255(4) and (5), 256, 260, 266(2)(a) and (b), (3) and (4), 282, 291(2), (3) and (4)(a), 296, 297, 300, 301(2) and (3), 302(2), 303, 304(3) and (4), 307(2) and (3), 308, 309, 310(2), 314, 315(3), 317(3), 320, 326, 328, 330(2)(a) and (c), 331 to 335, 337, 365(a) and (c), 383, 384(2), (3)(a) and (4), 385, 391(2), 393(2) and (3)(b), 395, 397(2)(a) and (c), 398(2) and (3), 399, 401(2) and (3)(a), 402(2), 403, 404(3)(b), 406, 416, 419, 420, 422, 423, 424(2) and (3)(b), 425, 426, 428, 429, 430(2) and (3)(b), 431, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 503, 504, 505(3) and (4), 513 to 516, 518(2) and (3), 519 to 523, 525, 526, 529, 531 to 537, 540 to 545, 547, 549, 552, 555, 556, 559 (so far as it relates to Forms 6.13, 6.17, 6.18, 7.1 and 7.2 and new Forms 6.13A, 6.17A, 6.18A and 7.1A) and 560(5) and (6); ” .
12. For paragraph 2(3)(a) of Schedule 5 substitute—
“ (a) the amendments in the following paragraphs of Schedule 1 to these Rules: 1, 440(2) and (3)(a), 441, 443 to 445, 451, 453, 456, 464(3), 465, 473(3), 478, 479, 480(3), 482, 493, 495, 499(9), 502(3) to (6), 559 (so far as it relates to Forms 7.1 and 7.2 and new Form 7.1A) and 560(5) and (6); ” .
Additional transitional provision
13. Where a company goes into voluntary liquidation under paragraph 83 of Schedule B1 to the Act( 5 ) in a case in which article 12(1) and (2) of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010( 6 ) causes section 104A of the Act( 7 ) and the amendments to section 105 of the Act( 8 ) to apply, the amendments to the Insolvency Rules 1986( 9 ) made by the Insolvency (Amendment) Rules 2010 apply to the extent necessary to give effect to section 104A and the amendments to section 105 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.
Jack Straw
Lord Chancellor and Secretary of State for Justice
9th March 2010
I concur, by the authority of the Lord Chief Justice
The Rt Hon Sir Andrew Morritt
The Chancellor of the High Court
10th March 2010
I concur, on behalf of the Secretary of State
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
10th March 2010
Sections 411 and 412 were amended by the Insolvency Act 1986 (Amendment) Regulations 2002 ( S.I. 2002/1037 ).
Subsections (7) of section 411 and (6) of section 412 were inserted by 2005 c. 4 , s. 15(1) and Schedule 4, paragraphs 185, 188(1) and (3) and 189(1) and (3).
Schedule B1 was inserted by 2002 c. 40 , s. 248(2) and Schedule 16.
Section 104A was inserted by S.I. 2010/18 , article 6(3).
Section 105 was amended by S.I. 2010/18 , article 6(4).