The Insolvency (England and Wales) Rules 2016

CHAPTER 4 Standard contents of Gazette notices and the Gazette as evidence etc.

[Note: (1) the requirements in Chapter 4 must be read with rule 1.6 which sets out the information required to identify an office-holder, a company etc.;

(2) this Chapter does not apply to the notice of a liquidator’s appointment prescribed under section 109 by SI 1987/752.]

Contents of notices to be gazetted under the Act or Rules

1.10.—(1) Where the Act or these Rules require or permit a notice to be gazetted, the notice must also contain the standard contents set out in this Chapter in addition to any content specifically required by the Act or any other provision of these Rules.

(2) Information which this Chapter requires to be included in a Gazette notice may be omitted if it is not reasonably practicable to obtain it.

Standard contents of all notices

1.11.—(1) A notice must identify the proceedings, if it is relevant to the particular notice, identify the office-holder and state—

(a) the office-holder’s contact details;

(b) the office-holder’s IP number (except for the official receiver);

(c) the name of any person other than the office-holder who may be contacted about the proceedings; and

(d) the date of the office-holder’s appointment.

(2) This rule does not apply to a notice under rule 22.4(3) (Permission to act as a director: first excepted case).

Gazette notices relating to a company

1.12.—(1) A notice relating to a registered company must also state—

(a) its registered office;

(b) any principal trading address if this is different from its registered office;

(c) any name under which it was registered in the period of 12 months before the date of the commencement of the proceedings which are the subject of the Gazette notice; and

(d) any other name or style (not being a registered name)—

(i) under which the company carried on business, and

(ii) in which any debt owed to a creditor was incurred.

(2) A notice relating to an unregistered company must also identify the company and specify any name or style—

(a) under which the company carried on business; and

(b) in which any debt owed to a creditor was incurred.

Gazette notices relating to a bankruptcy

1.13.  A notice relating to a bankruptcy must also identify the bankrupt and state—

(a) any other address at which the bankrupt has resided in the period of 12 months before the making of the bankruptcy order;

(b) any principal trading address if different from the bankrupt’s residential address;

(c) the bankrupt’s date of birth;

(d) the bankrupt’s occupation;

(e) any other name by which the bankrupt has been known; and

(f) any name or style (other than the bankrupt’s own name) under which—

(i) the bankrupt carried on business, and

(ii) any debt owed to a creditor was incurred.

The Gazette: evidence, variations and errors

1.14.—(1) A copy of the Gazette containing a notice required or permitted by the Act or these Rules to be gazetted is evidence of any facts stated in the notice.

(2) Where the Act or these Rules require an order of the court or of the adjudicator to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice.

(3) Where an order of the court or of the adjudicator which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.