Modifications etc. (not altering text)
C1Pts. 11-14 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))
C2Pts. 11-14 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
376. In all proceedings under this Order, all courts, judges and persons judicially acting, and all officers, judicial or ministerial, of any court, or employed in enforcing the process of any court shall take judicial notice—
(a)of the signature of any officer of the High Court in Northern Ireland or of the High Court or a county court in England and Wales, or of the Court of Session or a sheriff court in Scotland, and also
(b)of the official seal or stamp of the several offices of the High Court in Northern Ireland or England and Wales or of the Court of Session, appended to or impressed on any document made, issued or signed under the provisions of this Order or [F1the Companies Acts], or any official copy of such a document.
F1Words in art. 376(b) substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 63 (with art. 12)
Modifications etc. (not altering text)
C3Art. 376 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
377. Stamp duty shall not be charged on—
(a)any document, being a deed, conveyance, assignment, surrender, admission or other assurance relating solely to property which—
(i)in the case of a winding up by the High Court or of a creditors' voluntary winding up, forms part of the company's assets; or
(ii)is comprised in a bankrupt's estate;
and which, after the execution of that document, is or remains at law or in equity part of that company's assets or the property of the bankrupt or of the trustee in bankruptcy, as the case may require,
(b)any order, certificate or other instrument relating solely to—
(i)the assets of any company which is being wound up as mentioned in head (a)(i) or any proceedings under such a winding up, or
(ii)the property of a bankrupt or any bankruptcy proceedings.
378. For the avoidance of doubt it is hereby declared that provisions of this Order bind the Crown, including the Crown in right of Her Majesty's government in the United Kingdom, so far as affecting or relating to the following matters, namely—
(a)remedies against, or against the property of, companies or individuals;
(b)priorities of debts;
(c)transactions at an undervalue or preferences;
(d)voluntary arrangements approved under Part II or Part VIII, and
(e)discharge from bankruptcy.
379 .F2 The transitional provisions and savings set out in Schedule 8 shall have effect, the Schedule comprising the following Parts—
Part I: company insolvency and winding up (matters arising before the date of the coming into operation of this Order, and continuance of proceedings in certain cases as before that date);
Part II: individual insolvency (matters so arising, and continuance of bankruptcy proceedings in certain cases as before that date); and
Part III: other general transitional provisions and savings.
F2mod. by SR 2004/307
Art.380 rep. by 1996 NI 16
Art.381—Amendments
Art.382—Repeals