Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2016.

(2) These Rules come into force on 3rd October 2016.

(3) In these Rules “the 1986 Rules” means the Insolvency Rules 1986( 3 ).

Amendments to the 1986 Rules

2. The 1986 Rules are amended as follows.

3. In rule 7.47(2) (appeals to and from single judge of High Court), for sub-paragraphs (a) and (b) substitute—

“ (a) where the decision appealed against is made by a district judge sitting in the county court hearing centre specified in the first column of the table in Schedule 2D—

(i) to a High Court Judge sitting in a district registry; or

(ii) to a Registrar in Bankruptcy of the High Court,

as specified in the corresponding entry in the second column of the table;

(b) to a High Court Judge where the decision appealed against is made by—

(i) a Circuit Judge sitting in the county court;

(ii) a Master;

(iii) a Registrar in Bankruptcy of the High Court, if that decision is made at first instance; or

(iv) a district judge sitting in a district registry;

(c) to the Civil Division of the Court of Appeal where the decision appealed against is made by a Registrar in Bankruptcy of the High Court, if that decision is an appeal from a decision made by a District Judge; and

(d) to the Civil Division of the Court of Appeal where the decision appealed against is made by a High Court Judge. ” .

4. After rule 7.47(4), insert—

“ (5) In this rule—

“Circuit Judge sitting in the county court” means a judge sitting pursuant to section 5(1)(a) of the County Courts Act 1984 ( 4 ) ;

“Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981 ( 5 ) ;

“Chancery Division of the High Court” means the division of the High Court established by section 5(1)(a) of the Senior Courts Act 1981;

“county court” means the court established by section A1 of the County Courts Act 1984;

“district judge” means a person appointed a district judge under section 6(1) of the County Courts Act 1984;

“district judge sitting in a district registry” means a district judge sitting in an assigned district registry as a district judge of the High Court under section 100 of the Senior Courts Act 1981;

“district registry” means a district registry of the High Court under section 99 of the Senior Courts Act 1981;

“High Court Judge” means a judge listed in section 4(1) of the Senior Courts Act 1981;

“Master” means a person appointed to the office of Master, Chancery Division under section 89(1) of the Senior Courts Act 1981;

“Registrar in Bankruptcy of the High Court” means a person appointed to the office of Registrar in Bankruptcy of the High Court under section 89(1) of the Senior Courts Act 1981;

and for the purposes of each definition a person appointed to act as a deputy for any person holding that office is included.. ” .

5. Before Schedule 3 (Shorthand Writers’ Remuneration) insert Schedule 2D set out in the Schedule to these Rules.

Transitional Provision

6. Where a person has filed a notice of appeal or applied for permission to appeal before the date on which these Rules come into force, the 1986 Rules apply without the amendments made by these Rules.

Rule 5

SCHEDULE Schedule to be inserted into the 1986 Rules

“ SCHEDULE 2D Destination of appeals from decisions of district judges in insolvency matters