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Changes over time for: Section 379C
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Version Superseded: 06/04/2017
Status:
Point in time view as at 26/05/2015. This version of this provision has been superseded.
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Changes to legislation:
Insolvency Act 1986, Section 379C is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes to Legislation
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[379CCreditors' ability to opt out of receiving certain noticesE+W
(1)Any provision of the rules which requires an office-holder to give a notice to creditors of an individual does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.
(2)Subsection (1)—
(a)does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b)is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3)Except as provided by the rules, a creditor may participate and vote in a creditors' decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
(4)In this section—
“give” includes deliver, furnish or send;
“notice” includes any document or information in any other form;
“office-holder”, in relation to an individual, means—
(a)
where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;
(b)
where an interim receiver of the individual's property is appointed, the interim receiver;
(c)
the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.]
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