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The Insolvency (England and Wales) Rules 2016

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Changes over time for: Section 12

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There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Section 12. Help about Changes to Legislation

Commencement of insolvency proceedings under [F1Part A1] to 7 of the Act (corporate insolvency proceedings)E+W

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12.3.—(1) Where section 117 M1 of the Act, as extended in its application by section 251, gives jurisdiction to the County Court in respect of proceedings under [F1Part A1] to 7 of the Act any such proceedings when they are commenced in the County Court may only be commenced in the hearing centre which serves the area in which the company's registered office is situated.

(2) However if the registered office is situated in an area served by a hearing centre for which Schedule 6 lists an alternative court or hearing centre then any such proceedings in the County Court may only be commenced in that alternative court or hearing centre.

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M1Section 117 is amended by regulation 6 of S.I. 2002/1240; by paragraphs 185 and 186 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); and by paragraph 93(a) and 93(b) of Schedule 9 to the Crime and Courts Act 2013 (c.22). Section 117 only gives jurisdiction to the County Court in relation to winding up proceedings. In so far as rule 12.2 relates to corporate insolvency proceedings under Parts 1 to 7 other than winding up proceedings the rule relies on section 251 of the Act which defines “court” for the purposes of Parts 1 to 7 of the Act as meaning in relation to a company the court that has jurisdiction to wind up the company.

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