The Insolvency (Amendment) Rules 2003

Insertion of new Chapter 21A of Part 6 of the principal Rules

46.  After Rule 6.214 there is inserted—

“CHAPTER 21A NOTICE UNDER SECTION 279(2)

Notice under section 279(2) that an investigation of the conduct and affairs of a bankrupt is unnecessary or concluded

6.214A.— (1) Where the official receiver intends to file a notice that an investigation of the conduct and affairs of a bankrupt is unnecessary or concluded under section 279(2), he shall give notice in writing to all creditors of which he is aware and any trustee of his intention to file such a notice.

(2) Where a creditor or a trustee receives written notice of the official receiver’s intention to file a notice under section 279(2) and he has any objection to the official receiver filing such a notice, he may, within 28 days of the date of such written notice, inform the official receiver in writing of his objection and give reasons for that objection.

(3) The official receiver shall not file a notice under section 279(2) until the period allowed for creditors or a trustee to object under paragraph (2) has expired.

(4) Where the official receiver receives no objection from either a creditor or a trustee he may file a notice under section 279(2) in Form [[FORM 6.82]] 6.82 with the court and send a copy to the bankrupt.

(5) Where the official receiver receives an objection under this Rule and he rejects that objection, he shall not file the notice under section 279(2) until he has—

(a) given notice of the rejection (and his reasons) to the complainant; and

(b) the period of time for an appeal by the complainant under Rule 7.50(2) has expired,

or an appeal under that Rule has been determined by the court.”.