The Insolvency Proceedings (Fees) Order 2004

Article 3

SCHEDULE 1 REVOCATIONS

Reference	Extent of revocation
The Bankruptcy Fees Order 1984(1)	All the entries in the Schedule to that Order except for the entry relating to Fee 13 in Table B.
The Bankruptcy Fees (Amendment) Order 1985(2)	The whole Order.
The Companies (Department of Trade and Industry) Fees Order 1985(3)	The entries in the Schedule to that Order except for the entry relating to Fee 3.
The Insolvency Fees Order 1986(4)	The whole Order is revoked except in relation to any case where a winding-up or bankruptcy order is made under the Act before the commencement date but in such a case the Order shall continue to have effect with the deletion of all the entries in the Schedule to the Order except, in relation to a winding up by the court, that relating to Fee 10 in Part 1 of the Schedule and, in relation to a bankruptcy, that relating to Fee 13 in Part 2 of the Schedule.
The Insolvency Fees (Amendment) Order 1988(5)	The whole Order.
The Bankruptcy and Companies (Department of Trade and Industry) Fees (Amendment) Order 1990(6)	The whole Order.
The Insolvency Fees (Amendment) Order 1990(7)	The whole Order.
The Bankruptcy and Companies (Department of Trade and Industry) Fees (Amendment) Order 1991(8)	The whole Order.
The Insolvency Fees (Amendment) Order 1991(9)	The whole Order.
The Insolvency Fees (Amendment) Order 1992(10)	The whole Order.
The Insolvency Fees (Amendment) Order 1994(11)	The whole Order.
Reference	Extent of Revocation
The Insolvency Fees (Amendment) Order 2001(12)	The whole Order.

Article 4

SCHEDULE 2 FEES PAYABLE IN INSOLVENCY PROCEEDINGS

1.—(1) In this Schedule—

“the bankruptcy ceiling” means in relation to a bankruptcy, the sum which is arrived at by adding together—

(a)

the bankruptcy debts required to be paid under the Rules

(b)

any interest payable by virtue of section 328(4); and

(c)

the expenses of the bankruptcy as set out in Rule 6.224 other than—

(i)

any sums spent out of money received in carrying on the business of the bankrupt; and

(ii)

fee B2 in the Table set out in paragraph 2;

“chargeable receipts” means those sums which are paid into the Insolvency Services Account after first deducting any amounts paid into the Insolvency Services Account which are subsequently paid out to secured creditors in respect of their securities or in carrying on the business of the company or the bankrupt; and

“the insolvency legislation” means the Insolvency Act 1986(13), the Insolvency Rules 1986(14) and the Insolvency Regulations 1994(15).

(2) In this Schedule, references to the performance of the “general duties” of the official receiver on the making of a winding-up or bankruptcy order—

(a) include the payment by the official receiver of any fees, costs or disbursements except for those associated with the realisation of assets or the distribution of funds to creditors; but

(b) does not include anything done by the official receiver—

(i) in connection with the appointment of agents for the purposes of, or in connection with, the realisation of assets or

(ii) anything done in connection with or, for the purposes of, distributing assets to creditors.

2.  Fees payable to the Secretary of State in respect of proceedings under Parts I to XI of the Act and the performance by the official receiver and the Secretary of State of functions under those Parts shall be determined in accordance with the provisions of the Table of Fees set out below—

Table of Fees

Fees payable in respect of individual voluntary arrangements only
Designation of Fee	Description of fee and circumstances in which it is charged	Amount of fee or applicable %
IVA1	Individual voluntary arrangement registration fee On the registration of an individual voluntary arrangement by the Secretary of State there is payable a fee of—	£35
IVA2	Individual voluntary arrangement – official receiver’s nominee fee For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of nominee there shall be payable on the agreement of the official receiver so to act a fee of—	£300
IVA3	Individual voluntary arrangement – official receiver’s supervisor fee For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of supervisor, there shall be payable, a fee calculated as a percentage of any monies realised whilst he acts as supervisor at the rate of—	15%

Fees payable in bankruptcies only
Designation of Fee	Description of fee and circumstances in which it is charged	Amount of fee or applicable %
B1	Bankruptcy – Official receiver’s administration fee For the performance by the official receiver of his general duties as official receiver on the making of a bankruptcy order there shall be payable a fee of—	£1,625
B2	Bankruptcy – Secretary of State’s administration fee For the performance by the Secretary of State of her general duties under the insolvency legislation in relation to the administration of the estate of each bankrupt, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the bankruptcy (but ignoring the first £2000 and that part of the total receipts which exceeds the bankruptcy ceiling) at the rate of—	17%

Fees payable in relation to winding up by the court only
Designation of Fee	Description of fee and circumstances in which it is charged	Amount of fee or applicable %
W1	Winding up by the court – official receiver’s administration fee For the performance by the official receiver of his general duties as official receiver on the making of a winding-up order there shall be payable a fee of—	£1,950
W2	Winding up by the court – Secretary of State’s administration fee For the performance by the Secretary of State of her general duties under the insolvency legislation in relation to the administration of the affairs of each company which is being wound up by the court, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the company (but ignoring the first £2000) at the rate of—	17%

Fees payable in bankruptcies and both types of winding up
Designation of Fee	Description of fee and circumstances in which it is charged	Amount of fee or applicable %
INV1	Investment fee – all cases Each request made by a trustee in bankruptcy or a liquidator in a compulsory or a voluntary winding up for the purchase of any government securities shall be accompanied by a fee of—	£50

(1)

S.I. 1984/880 amended by S.I. 1985/1783, S.I. 1990/559 and S.I. 1991/494.

(2)

S.I. 1985/1783.

(3)

S.I. 1985/1784. amended by S.I. 1990/559 and S.I. 1991/494.

(4)

S.I. 1986/2030 amended by S.I. 1988/95, S.I. 1990/560, S.I. 1991/496, S.I.1992/34, S.I. 1994/2541 and S.I 2001/761.

(5)

S.I. 1988/95.

(6)

S.I. 1990/559.

(7)

S.I. 1990/560.

(8)

S.I. 1991/494.

(9)

S.I. 1991/496.

(10)

S.I. 1992/34.

(11)

S.I. 1994/2541.

(12)

S.I. 2001/761.

(13)

1986 c. 45.

(14)

S.I 1986/1925 amended by S.I. 1987/1919, S.I. 1989/397, S.I. 1991/495, S.I. 1993/602, S.I. 1995/586, S.I. 1999/359, S.I.1999/1022, S.I. 2001/763, S.I. 2002/1307, S.I. 2002/2712 and S.I. 2003/1730.

(15)

S.I. 1994/2507 amended by S.I. 2000/485, S.I. 2001/762, S.I. 2001/3649, S.I. 2003/1633 and S.I.2004/ 472.