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The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

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  1. Introductory Text

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    PART 1 Introductory provision

    1. 1.Citation commencement and interpretation

    2. 2.In these rules the “Insolvency Rules” means the Insolvency (England...

    3. 3.Extent

    4. 4.Saving provisions

    5. 5.Nothing in Parts 2 to 4 of these Rules affects...

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    PART 2 Insertion of Part 1A into the Insolvency Rules

    1. 6.New Part 1A of the Insolvency Rules

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    PART 3 Miscellaneous amendments of the Insolvency Rules

    1. 7.Amendment of Part 1 of the Insolvency Rules

    2. 8.In rule 1.22 (standard contents of documents relating to the...

    3. 9.In rule 1.30 (standard contents of notices relating to the...

    4. 10.In rule 1.38 (creditor’s election to opt-out), before paragraph (1)...

    5. 11.In rule 1.39 (office-holder to provide information to creditors on...

    6. 12.In rule 1.57 (right to list of creditors), before paragraph...

    7. 13.Amendment of Part 2 of the Insolvency Rules

    8. 14.In rule 2.3 (proposal: contents), in the Table in paragraph...

    9. 15.(1) Rule 2.6 (statement of affairs (section 2(3)) is amended...

    10. 16.In rule 2.26 (members’ consideration at a meeting), for paragraph...

    11. 17.For rule 2.27 (creditors’ consideration by a decision procedure) substitute—...

    12. 18.Amendment of Part 3 of the Insolvency Rules

    13. 19.In rule 3.12 (the hearing), after sub-paragraph (1)(c) insert—

    14. 20.In rule 3.23 (notice of intention to appoint), in paragraph...

    15. 21.In rule 3.25 (notice of appointment without prior notice of...

    16. 22.In rule 3.27 (publication of administrator’s appointment), before sub-paragraph (3)(a)...

    17. 23.(1) Rule 3.30 (statement of affairs: content (paragraph 47 of...

    18. 24.(1) Rule 3.35 (administrator’s proposals: additional content) is amended as...

    19. 25.In rule 3.50 (expenses), after paragraph (4) insert—

    20. 26.In rule 3.51 (order of priority), for paragraph (1) substitute—...

    21. 27.After rule 3.51 insert— Priority of moratorium debts in subsequent...

    22. 28.Amendment of Part 6 of the Insolvency Rules

    23. 29.After rule 6.23 (advertisement of appointment) insert— Additional requirements as...

    24. 30.After rule 6.42 (general rule as to priority) insert— Priority...

    25. 31.In rule 6.44 (interpretation), in paragraph (1), in the definition...

    26. 32.In rule 6.46 (request for approval or authorisation), for paragraph...

    27. 33.(1) Rule 6.47 (grant of approval or authorisation) is amended...

    28. 34.Amendment of Part 7 of the Insolvency Rules

    29. 35.In rule 7.11 (persons entitled to request a copy of...

    30. 36.In rule 7.22 (delivery and notice of the order), for...

    31. 37.In rule 7.33 (application for appointment of provisional liquidator (section...

    32. 38.In rule 7.35 (order of appointment of provisional liquidator), after...

    33. 39.In rule 7.39 (termination of appointment), for paragraph (4)(a) substitute—...

    34. 40.(1) Rule 7.41 (statement of affairs) is amended as follows....

    35. 41.(1) Rule 7.108 (general rule as to priority) is amended...

    36. 42.After rule 7.108 insert— Priority of moratorium debts in subsequent...

    37. 43.In rule 7.111 (interpretation), in the definition of “the creditor”...

    38. 44.In rule 7.114 (request for approval or authorisation), for paragraph...

    39. 45.(1) Rule 7.115 (grant of approval or authorisation) is amended...

    40. 46.Amendment of Part 12 of the Insolvency Rules

    41. 47.In rule 12.29 (evidence provided by the official receiver, an...

    42. 48.In rule 12.36 (power to make a block transfer order),...

    43. 49.(1) Rule 12.37 (application for a block transfer order) is...

    44. 50.(1) Rule 12.48 (application for costs) is amended as follows....

    45. 51.(1) Rule 12.52 (orders enforcing compliance) is amended as follows....

    46. 52.Amendment of Part 14 of the Insolvency Rules

    47. 53.(1) Rule 14.1 (interpretation) is amended as follows.

    48. 54.In the heading of Chapter 2 of Part 14, after...

    49. 55.(1) Rule 14.14 (administration and winding up: estimate of value...

    50. 56.In rule 14.16 (secured creditor: surrender for non-disclosure), before paragraph...

    51. 57.In rule 14.17 (secured creditor: redemption by office-holder), before paragraph...

    52. 58.In rule 14.18 (secured creditor: test of security’s value), before...

    53. 59.In rule 14.23 (interest), in paragraph (4)(a), after “in respect...

    54. 60.After rule 14.23 insert— Moratoriums under Part A1 of the...

    55. 61.In rule 14.28 (Gazette notice of intended first dividend or...

    56. 62.(1) Rule 14.29 (individual notices to creditors etc. of intended...

    57. 63.(1) Rule 14.35 (Notice of declaration of a dividend) is...

    58. 64.Amendment of Part 15 of the Insolvency Rules

    59. 65.In rule 15.6 (physical meetings), in paragraph (1), after “business...

    60. 66.In rule 15.8 (notices to creditors of decision procedure), at...

    61. 67.In rule 15.9 (voting in a decision procedure), in paragraph...

    62. 68.In rule 15.11 (notice of decision procedures or of seeking...

    63. 69.In rule 15.14 (notice to company officers, bankrupts etc. in...

    64. 70.In rule 15.23 (adjournment by chair), in paragraph (1), after...

    65. 71.After rule 15.23 insert— Adjournment of meeting in, or for...

    66. 72.In rule 15.25 (adjournment in absence of chair), in paragraph...

    67. 73.In rule 15.26 (proofs in adjournment), before “in an administration”,...

    68. 74.In rule 15.28 (creditors’ voting rights), before paragraph (1) insert—...

    69. 75.(1) Rule 15.31 (calculation of voting rights) is amended as...

    70. 76.In rule 15.32 (calculation of voting rights: special cases), before...

    71. 77.(1) Rule 15.34 (requisite majorities) is amended as follows.

    72. 78.(1) Rule 15.35 (appeals against decisions under this Chapter) is...

    73. 79.Amendment of Schedule 4 to the Insolvency Rules

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    PART 4 Minor amendments of the Insolvency Rules

    1. 80.Schedule 1 makes minor amendments of the Insolvency Rules to...

    2. 81.Schedule 2 makes amendments of the Insolvency Rules in consequence...

  6. Signature

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      SCHEDULE 1

      Minor amendments

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      SCHEDULE 2

      Amendments in consequence of the repeal of Schedule A1 to the Insolvency Act 1986

      1. 1.The Insolvency Rules are amended as follows.

      2. 2.In the provisions in the Insolvency Rules specified in the...

      3. 3.This is the Table referred to in paragraph (2)— Insolvency...

  7. Explanatory Note

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