Part XVE+W+S Subordinate Legislation

Modifications etc. (not altering text)

C2Third 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; (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4); (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 Pts. 2, 3; and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 1 (with reg. 3(2)))

C5Third Group of Parts (Pts. 12-19) applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 1 para. 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)

General insolvency rulesE+W+S

413 Insolvency Rules Committee.E+W

(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.

(2)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 Act]] [F3or 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 ofโ€”

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

(b)a circuit judge;

(c)[F4an insolvency and companies court judge];

[F5(d)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 [F6in accordance with subsection (3A) or (3B)].

[F7(3A)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.

[F8(5)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.]

Textual Amendments

F3Words in s. 413(2) added (1.4.1994) by 1993 c. 43. ss. 150(1)(o), 152(1), Sch. 12 para.25; S.I. 1994/571, art. 5

F5S. 413(3)(d) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(k); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C6S. 413 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

C7S. 413 applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(e), 6(3)(e)

C9S. 413(2) excluded (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 125(8), 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.

C10S. 413(2) excluded (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 160(6), 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.

C12S. 413(2) excluded (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73(4), 93(2)(3); S.I. 2011/2329, art. 3 (with arts. 4, 5)

Marginal Citations