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Insolvency Act 1986

[F1379CCreditors' 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.]

Textual Amendments

F1S. 379C inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 125(3), 164(1); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(d)