Statutory Instruments
2016 No. 692
Insolvency, England And Wales
Fees
The Insolvency Proceedings (Fees) Order 2016
Made
29th June 2016
Laid before Parliament
30th June 2016
Coming into force in accordance with article 1
The Lord Chancellor, in exercise of the powers conferred 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) Order 2016 and comes into force twenty-one days after the day on which it is laid.
Interpretation
2. In this Order—
“the Act” means the Insolvency Act 1986(2);
“chargeable receipts” means the sums which are paid into the Insolvency Services Account after deducting any amounts which are paid out to secured creditors or paid out in carrying on the business of the bankrupt or the company;
“the commencement date” means the date this Order comes into force;
“deposit” means—
on the making of a bankruptcy application, the sum of £550,
on the presentation of a bankruptcy petition, the sum of £1,500 ,
on the presentation of a winding up petition, other than a petition presented under section 124A(3) of the Act, the sum of £2,600 ,
on the presentation of a winding-up petition under section 124A of the Act, the sum of £13,500 ;
“official receiver’s administration fee” means the fee payable to the official receiver on the making of a bankruptcy or winding up order out of the chargeable receipts of the estate of the bankrupt or, as the case may be, the assets of the insolvent company for the performance of the official receiver’s functions under the Act.
Fees payable in connection with individual voluntary arrangements, debt relief orders and bankruptcy and winding up
3. The fees payable to the Secretary of State in respect of the matters specified in column 1 of the Table of Fees in Schedule 1 (Fees payable in insolvency proceedings) are the fees specified in column 2 to that Table.
Deposit
4.—(1) On the making of a bankruptcy application, the debtor must pay a deposit to the adjudicator as security for the payment of the official receiver’s administration fee.
(2) On the presentation of a bankruptcy petition or a winding-up petition, the petitioner must pay a deposit to the court as security for the payment of the official receiver’s administration fee.
(3) Where a deposit is paid to the court, the courtmust transmit the deposit paid to the official receiver attached to the court.
(4) The depositmust be used to discharge the official receiver’s administration fee to the extent that the assets comprised in the estate of the bankrupt or, as the case may be, the assets of the company are insufficient to discharge the official receiver’s administration fee.
(5) Where a bankruptcy order or a winding up order is made (including any case where a bankruptcy order or a winding up is subsequently annulled, rescinded or recalled), the depositmust be returned to the person who paid it save to the extent that the assets comprised in the estate of the bankrupt or, as the case may be, the assets of the company are insufficient to discharge the official receiver’s administration fee.
(6) The depositmust be repaid to the debtor where—
(a)the adjudicator has refused to make a bankruptcy order,
(b)14 days have elapsed from the date of delivery of the notice of refusal, and
(c)the debtor has not made a request to the adjudicator to review the decision.
(7) Where the debtor has made a request to the adjudicator to review the decision to refuse to make a bankruptcy order the depositmust be repaid to the debtor where—
(a)the adjudicator has confirmed the refusal to make a bankruptcy order,
(b)28 days have elapsed from the date of delivery of the confirmation of the notice of refusal, and
(c)the debtor has not appealed to the court against the refusal to make a bankruptcy order.
(8) Where the debtor has appealed to the court against the refusal to make a bankruptcy order the depositmust be repaid to the debtor where the appeal is dismissed or withdrawn.
(9) Where—
(a)a deposit was paid by the petitioner to the court, and
(b)the petition is withdrawn or dismissed by the court
that deposit, less an administration fee of £50, must be repaid to the petitioner.
Value Added Tax
5. Where Value Added Tax is chargeable in respect of the provision of a service for which a fee is payable by virtue of any provision of this Order, Value Added Tax must be paid on that fee.
Revocation
6. The enactments listed in Schedule 2 are revoked.
Transitional and saving provisions
7.—(1) This Order has no effect in respect of any fees payable in respect of—
(a)the preparation and submission of a report under section 274 (action on report of insolvency practitioner) of the Act; and
(b)bankruptcy orders and winding-up orders made following the making of a bankruptcy application or presentation of a petition before the commencement date.
(2) This Order has no effect in respect of any deposit paid on the making of a bankruptcy application or the presentation of a petition for bankruptcy or winding up before the commencement date.
Signed by authority of the Lord Chancellor
Edward Faulks
Parliamentary Under Secretary of State
Ministry of Justice
27th June 2016
We concur
Charlie Elphicke
Mel Stride
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 2016
Article 3
SCHEDULE 1Fees payable in insolvency proceedings
Table of Fees
| Description of fee and circumstances in which it is charged | Amount of fee or applicable % |
|---|---|
Individual voluntary arrangement registration fee On the registration by the Secretary of State of an individual voluntary arrangement made under Part 8 of the Act, the fee of— | £15 |
Application for a debt relief order – official receiver’s administration fee and costs of persons acting as approved intermediaries On the application for a debt relief order, for the performance of the official receiver’s functions and for the payment of an amount not exceeding £10 in respect of the costs of persons acting as approved intermediaries under Part 7A of the Act, the fee of— | £90 |
Application for a bankruptcy order – adjudicator’s administration fee On the application to the adjudicator for a bankruptcy order, for the performance of the adjudicator functions, the fee of— | £130 |
Bankruptcy – official receiver’s administration fee following debtor’s application On the making of a bankruptcy order on a debtor’s application, for the performance of the official receiver’s duties as official receiver the fee of— | £2,390 |
Bankruptcy – official receiver’s administration fee following creditor’s petition On the making of a bankruptcy order on a creditor’s petition, for the performance of the official receiver’s duties as official receiver the fee of— | £3,300 |
Bankruptcy – trustee in bankruptcy fee For the performance of the official receiver’s duties while acting as trustee in bankruptcy of the bankrupt’s estate a fee calculated as a percentage of chargeable receipts realised by the official receiver in the capacity of trustee in bankruptcy at the rate of— | 15% |
Bankruptcy – income payments agreement fee On entering into an income payments agreement with the official receiver under section 310A of the Act, the fee of— | £150 |
Bankruptcy –income payments order fee On the making of an income payments order by the court under section 310 of the Act, the fee of— | £150 |
Winding up by the court other than a winding up on a petition presented under section 124A – official receiver’s administration fee On the making of a winding-up order, other than on a petition presented under section 124A, for the performance of the official receiver’s duties as official receiver, including the duty to investigate and report on the affairs of bodies in liquidation, the fee of— | £6,000 |
Winding up by the court on a petition presented under section 124A – official receiver’s administration fee On the making of a winding-up order on a petition presented under section 124A, for the performance of the official receiver’s duties as official receiver, including the duty to investigate and report on the affairs of bodies in liquidation, the fee of— | £13,500 |
Winding up – liquidator fee For the performance of the official receiver’s duties while acting as liquidator of the insolvent estate a fee calculated as a percentage of chargeable receipts realised by the official receiver in the capacity of liquidator at the rate of— | 15% |
Official receiver’s general fee On the making of a bankruptcy order or the making of a winding up order by the court for the costs not recovered out of the official receiver’s administration fee of administering— (a) bankruptcy orders, (b) winding up orders made by the court the fee of— | £7,200 |
Article 6
SCHEDULE 2Revocations
| Orders revoked | References | Extent of revocation |
|---|---|---|
| Insolvency Proceedings (Fees) Order 2004 | S.I. 2004/593 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2005 | S.I. 2005/544 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2006 | S.I. 2006/561 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2007 | S.I. 2007/521 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2008 | S.I. 2008/714 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2009 | S.I. 2009/645 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2010 | S.I. 2010/732 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2011 | S.I. 2011/1167 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2014 | S.I. 2014/583 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2015 | S.I. 2015/1819 | The whole Order |
| Insolvency Proceedings (Fees) (Amendment) Order 2016 | S.I. 2016/184 | The whole Order |