The Insolvency (Amendment) Rules 2010

Citation and commencement

1.  These Rules may be cited as the Insolvency (Amendment) Rules 2010 and come into force on 6th April 2010.

Amendments to and revocations in the Insolvency Rules 1986

2.  The Insolvency Rules 1986(1) (“the 1986 Rules”) are amended as set out in Schedule 1 to these Rules.

3.  Schedule 2 to these Rules contains new forms substituted for existing forms as provided in paragraph 558 of Schedule 1 to these Rules.

4.  After Part 12 to the 1986 Rules insert Part 12A as set out in Schedule 3 to these Rules.

5.  The following Rules in the 1986 Rules are revoked—

• in Part 1, Rule 1.2;

• in Part 2, Rule 2.73;

• in Part 3, Rules 3.36 to 3.38;

• in Part 4, Rules 4.77, 4.148B, 4.175, 4.190 and 4.223;

• in Part 5, Rules 5.15, 5.16 and 5.44;

• in Part 6, Rules 6.20, 6.36, 6.99, 6.102 and 6.235;

• in Part 7, Rules 7.2, 7.18, 7.53, 7.54, 7.57 and 7.58;

• in Part 12, Rules 12.4 to 12.17, 12.19, 12.20 and 12.22.

Transitional provisions

6.—(1) The transitional provisions in Schedule 4 to these Rules have effect.

(2) Rule 4.54(6)(a) (notice of meeting in winding up to be gazetted) does not apply where the notice is of a meeting to be held under section 93 or 105 (annual meetings in voluntary liquidations)(2).

Special administration regimes and old administrations

7.  Schedule 5 to these Rules has effect in respect of companies and societies listed in section 249(1) of the Enterprise Act 2002(3) and any case in which a petition for an administration order was presented before 15th September 2003.

Amendments to the Insolvency (Amendment) Rules 2009

8.—(1) Rule 3 of the Insolvency (Amendment) Rules 2009(4) is amended as follows.

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (1A) and (2)”.

(3) After paragraph (1) insert—

“(1A) On and after 6th April 2010, the amendment made by Rule 62 of these Rules to the principal Rules applies in respect of an advertisement appearing in the Gazette or a newspaper after that date where before 6th April 2009 the conditions contained in paragraph (1)(a) or (b) of this Rule were met.”.

Jack Straw

Lord Chancellor and Secretary of State for Justice

3rd March 2010

Ministry of Justice

I concur, by the authority of the Lord Chief Justice

The Rt Hon Sir Andrew Morritt

The Chancellor of the High Court

3rd March 2010

I concur, {on behalf of the Secretary of State}

Ian Lucas

Minister for Business and Regulatory Reform

3rd March 2010

Department for Business, Innovation and Skills