The Insolvency (Amendment) Rules 1991

Statutory Instruments

1991 No. 495

INSOLVENCY

COMPANIES

INDIVIDUALS, ENGLAND & WALES

The Insolvency (Amendment) Rules 1991

Made

4th March 1991

Laid before Parliament

12th March 1991

Coming into force

2nd April 1991

The Lord Chancellor, in the exercise of his powers under sections 411 and 412 of the Insolvency Act 1986(1), with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of the Act, hereby makes the following Rules:–

Citation and commencement

1.  These Rules may be cited as the Insolvency (Amendment) Rules 1991 and shall come into force on 2nd April 1991.

Interpretation

2.  In these Rules references to “the principal Rules” are to the Insolvency Rules 1986(2), and a Rule or Schedule or Form referred to by number means the Rule or Schedule or Form so numbered in the principal Rules.

Application

3.  The principal Rules shall have effect subject to the amendments set out in the Schedule to these Rules.

Mackay of Clashfern, C.

4th March 1991

I concur, on behalf of the Secretary of State

John Redwood

Minister of State,

Department of Tradeand Industry

4th March 1991

Rule 3

SCHEDULE

Amendment of Rule 4.11

1.  In paragraph (3) of Rule 4.11 the words “London morning newspaper, or other” shall be omitted.

Amendment of Rules 4.21 and 6.35

2.  In paragraph (4) of Rule 4.21and paragraph (2) of Rule 6.35 the word “local” shall be omitted.

Amendment of Rules 6.34, 6.46 and 6.47

3.  In paragraph (2) of Rule 6.34, paragraph (2) of Rule 6.46 and paragraph (2) of Rule 6.47 there shall be substituted “newspaper” for the words “local paper”.

Amendment of Schedule 3

4.  For paragraphs 1-3 of Schedule 3 there shall be substituted the following–

“1.   For attendance	£66.20.
2.   Per folio of written record	92.4p plus 5p per folio for all copies.
3.   Travelling time	£7.00 per hour after first hour of each journey.”

Amendment of Schedule 4

5.  In the liquidator’s statement of account in Forms 4.71 and 4.72, for the words “Local Paper” there shall in each case be substituted the word “newspaper”.

6.  In the order of annulment in Form 6.71, the order granting discharge in Form 6.76and the certificate of discharge in Form 6.77 the word “local” shall be omitted.

Explanatory Note

(This note is not part of the Rules)

These Rules further amend the Insolvency Rules 1986, which set out detailed procedures for the conduct of all company and individual insolvency proceedings in England & Wales under the Insolvency Act 1986, with effect from 2nd April 1991. The amendments increase the rates of remuneration for shorthand writers in insolvency proceedings from £56.43 to £66.20 for attendance, from 78.8p per folio of written record plus 4p per folio for all copies to 92.4p and 5p respectively and from £5.93 per hour travelling time to £7.00. The also amend provisions requiring or referring to advertisement in newspapers so that such advertisement can be in any newspaper.

(1)

1986 c. 45.

(2)

S.I. 1986/1925, amended by S.I. 1987/1919and 1989/397.