C7C8C9Part XV Subordinate Legislation

Annotations:
Modifications etc. (not altering text)
C7

Pt. XV (ss. 411-422) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

C8

Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))

General insolvency rules

C1C2413 Insolvency Rules Committee.

1

The committee established under section 10 of the M1Insolvency Act 1976 (advisory committee on bankruptcy and winding-up rules) continues to exist for the purpose of being consulted under this section.

C3C4C5C62

The Lord Chancellor shall consult the committee before making any rules under section 411 or 412 F1other than rules which contain a statement that the only provision made by the rules is provision applying rules made under section 411, with or without modifications, for the purposes of provision made by section F2any of sections 23 to 26 of the Water Industry Act 1991 or Schedule 3 to that ActF3or by any of sections 59 to 65 of, or Schedule 6 or 7 to, the Railways Act 1993..

3

Subject to the next subsection, the committee shall consist of—

a

a judge of the High Court attached to the Chancery Division;

b

a circuit judge;

c

a registrar in bankruptcy of the High Court;

F7d

a district judge;

e

a practising barrister;

f

a practising solictor; and

g

a practising accountant;

and the appointment of any person as a member of the committee shall be made F4in accordance with subsection (3A) or (3B).

F53A

The Lord Chief Justice must appoint the persons referred to in paragraphs (a) to (d) of subsection (3), after consulting the Lord Chancellor.

3B

The Lord Chancellor must appoint the persons referred to in paragraphs (e) to (g) of subsection (3), after consulting the Lord Chief Justice.

4

The Lord Chancellor may appoint as additional members of the committee any persons appearing to him to have qualifications or experience that would be of value to the committee in considering any matter with which it is concerned.

F65

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.