SCHEDULE 1REVOCATIONS

Article 3

Reference

Extent of revocation

The Bankruptcy Fees Order 19845

All the entries in the Schedule to that Order except for the entry relating to Fee 13 in Table B.

The Bankruptcy Fees (Amendment) Order 19856

The whole Order.

The Companies (Department of Trade and Industry) Fees Order 19857

The entries in the Schedule to that Order except for the entry relating to Fee 3.

The Insolvency Fees Order 19868

The whole Order is revoked except in relation to any case where a winding-up or bankruptcy order is made under the Act before the commencement date but in such a case the Order shall continue to have effect with the deletion of all the entries in the Schedule to the Order except, in relation to a winding up by the court, that relating to Fee 10 in Part 1 of the Schedule and, in relation to a bankruptcy, that relating to Fee 13 in Part 2 of the Schedule.

The Insolvency Fees (Amendment) Order 19889

The whole Order.

The Bankruptcy and Companies (Department of Trade and Industry) Fees (Amendment) Order 199010

The whole Order.

The Insolvency Fees (Amendment) Order 199011

The whole Order.

The Bankruptcy and Companies (Department of Trade and Industry) Fees (Amendment) Order 199112

The whole Order.

The Insolvency Fees (Amendment) Order 199113

The whole Order.

The Insolvency Fees (Amendment) Order 199214

The whole Order.

The Insolvency Fees (Amendment) Order 199415

The whole Order.

Reference

Extent of Revocation

The Insolvency Fees (Amendment) Order 200116

The whole Order.

SCHEDULE 2FEES PAYABLE IN INSOLVENCY PROCEEDINGS

Article 4

1.

(1)

In this Schedule—

“the bankruptcy ceiling” means in relation to a bankruptcy, the sum which is arrived at by adding together—

(a)

the bankruptcy debts required to be paid under the Rules

(b)

any interest payable by virtue of section 328(4); and

(c)

the expenses of the bankruptcy as set out in Rule 6.224 other than—

  1. (i)

    any sums spent out of money received in carrying on the business of the bankrupt; and

  2. (ii)

    fee B2 in the Table set out in paragraph 2;

“chargeable receipts” means those sums which are paid into the Insolvency Services Account after first deducting any amounts paid into the Insolvency Services Account which are subsequently paid out to secured creditors in respect of their securities or in carrying on the business of the company or the bankrupt; and

“the insolvency legislation” means the Insolvency Act 198617, the Insolvency Rules 198618 and the Insolvency Regulations 199419.

(2)

In this Schedule, references to the performance of the “general duties” of the official receiver on the making of a winding-up or bankruptcy order—

(a)

include the payment by the official receiver of any fees, costs or disbursements except for those associated with the realisation of assets or the distribution of funds to creditors; but

(b)

does not include anything done by the official receiver—

(i)

in connection with the appointment of agents for the purposes of, or in connection with, the realisation of assets or

(ii)

anything done in connection with or, for the purposes of, distributing assets to creditors.

2.

Fees payable to the Secretary of State in respect of proceedings under Parts I to XI of the Act and the performance by the official receiver and the Secretary of State of functions under those Parts shall be determined in accordance with the provisions of the Table of Fees set out below—

Table of Fees

Fees payable in respect of individual voluntary arrangements only

Designation of Fee

Description of fee and circumstances in which it is charged

Amount of fee or applicable %

IVA1

Individual voluntary arrangement registration fee

On the registration of an individual voluntary arrangement by the Secretary of State there is payable a fee of—

£35

IVA2

Individual voluntary arrangement – official receiver’s nominee fee

For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of nominee there shall be payable on the agreement of the official receiver so to act a fee of—

£300

IVA3

Individual voluntary arrangement – official receiver’s supervisor fee

For the performance by the official receiver in relation to an individual voluntary arrangement of the functions of supervisor, there shall be payable, a fee calculated as a percentage of any monies realised whilst he acts as supervisor at the rate of—

15%

Fees payable in bankruptcies only

Designation of Fee

Description of fee and circumstances in which it is charged

Amount of fee or applicable %

B1

Bankruptcy – Official receiver’s administration fee

For the performance by the official receiver of his general duties as official receiver on the making of a bankruptcy order there shall be payable a fee of—

£1,625

B2

Bankruptcy – Secretary of State’s administration fee

For the performance by the Secretary of State of her general duties under the insolvency legislation in relation to the administration of the estate of each bankrupt, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the bankruptcy (but ignoring the first £2000 and that part of the total receipts which exceeds the bankruptcy ceiling) at the rate of—

17%

Fees payable in relation to winding up by the court only

Designation of Fee

Description of fee and circumstances in which it is charged

Amount of fee or applicable %

W1

Winding up by the court – official receiver’s administration fee

For the performance by the official receiver of his general duties as official receiver on the making of a winding-up order there shall be payable a fee of—

£1,950

W2

Winding up by the court – Secretary of State’s administration fee

For the performance by the Secretary of State of her general duties under the insolvency legislation in relation to the administration of the affairs of each company which is being wound up by the court, there shall be payable a fee (up to a maximum of £100,000) calculated as a percentage of total chargeable receipts relating to the company (but ignoring the first £2000) at the rate of—

17%

Fees payable in bankruptcies and both types of winding up

Designation of Fee

Description of fee and circumstances in which it is charged

Amount of fee or applicable %

INV1

Investment fee – all cases

Each request made by a trustee in bankruptcy or a liquidator in a compulsory or a voluntary winding up for the purchase of any government securities shall be accompanied by a fee of—

£50