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Changes over time for: Section 12
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 19/03/2024.
Changes to legislation:
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Section 12.
Changes to Legislation
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Costs of proceedings under sections 236, 251N and 366E+W
This section has no associated Explanatory Memorandum
12.22.—(1) Where the court has ordered an examination of a person under an applicable section, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the respondent pay the costs of the examination.
(2) Where the court makes an order against a person under—
(a)section 237(1) or 367(1) (to deliver up property in any person's possession which belongs to the insolvent estate); or
(b)section 237(2) or 367(2) (to pay any amount in discharge of a debt due to the insolvent);
the costs of the application for the order may be ordered by the court to be paid by the respondent.
(3) Subject to paragraphs (1) and (2), the applicant's costs must, unless the court orders otherwise, be paid—
(a)in relation to a company insolvency, as an expense of the insolvency proceedings; and
(b)in relation to an individual insolvency, but not in proceedings relating to debt relief orders or applications for debt relief orders, out of the bankrupt's estate or (as the case may be) the debtor's property.
(4) A person summoned to attend for examination must be tendered a reasonable sum for travelling expenses incurred in connection with that person's attendance but any other costs falling on that person are at the court's discretion.
(5) Where the examination is on the application of the official receiver otherwise than in the capacity of liquidator or trustee, no order may be made for the payment of costs by the official receiver.
Modifications etc. (not altering text)
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