The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

Regulation 3

[F1 SCHEDULE 1] E+W APPLICATION OF THE INSOLVENCY ACT 1986 TO CIOS

Textual Amendments

F1 Sch. renumbered as Sch. 1 (4.7.2018) by virtue of The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 3(5)

Application to CIOs of the 1986 Act E+W

1.—(1) The provisions of the 1986 Act specified in sub-paragraph (2) apply in relation to CIOs as they apply in relation to companies registered in England and Wales with—

(a) the general modifications set out in sub-paragraph (3);

(b) the substitution of the provision specified in sub-paragraph (4) for section 84 of that Act M1 ;

(c) the substitution of the provision specified in sub-paragraph (5) for section 122 of that Act M2 ;

(d) the substitution of the provision specified in sub-paragraph (6) for section 154 of that Act;

(e) the further modifications specified in the Table in sub-paragraph (7); and

(f) any other necessary modification.

(2) The specified provisions of the 1986 Act are—

(a) Parts 1 to 4 M3 other than—

(i) section 28;

(ii) Chapters 2 and 3 of Part 3;

(iii) sections 72B to 72F, 72GA, 76 to 78, 83, 93, 105, 111, 113, 120, 121, 124A to 124C, 138, 142, 157, 161, 162, 169, 185, 193, 198, 199 and 204;

(iv) paragraphs 3, 4A to 5, 21, 23 and 44 of Schedule A1 M4 ;

(v) paragraphs 9, 111A to 116 of Schedule B1 M5 ;

(vi) paragraph 19 of Schedule 1 M6 ;

(vii) paragraph 3 of Schedule 4 M7 ;

(b) Parts 6 and 7 M8 other than section 242, 243 and 250;

(c) the Third Group of Parts (miscellaneous matters bearing on both company and individual insolvency; general interpretation; final provisions) M9 other than sections 389B, 402, 412, 415, 417, 418, 420, 421, 421A, 422, 426, 426A, 426B, 426C, 427, 428, 429, 434E, 437, 438, 439, 440, 441 and 442.

(3) The general modifications are—

(a) any reference to a company or a company registered under the Companies Act 2006 M10 in England and Wales, is to be read as a reference to a CIO;

(b) any reference to a company being wound up by the court in England and Wales is to be read as a reference to a CIO being wound by the court;

(c) any reference to a company being wound up in England and Wales is to be read as a reference to a CIO being wound up;

(d) any reference to a winding up in England and Wales is to be read as a reference to the winding up of a CIO;

(e) any reference to the registrar of companies is to be read as a reference to the Charity Commission;

(f) in any provision which requires an original document to be sent to the Charity Commission, any reference to an original document is to be read as a reference to a copy of that document;

(g) any reference to the registered office of a company is to be read as a reference to the principal office of a CIO;

(h) any reference to a general meeting of a company is to be read as a general meeting of a CIO;

(i) any reference to a director of a company is to be read as a reference to a charity trustee of a CIO;

(j) any reference to an officer of a company is to be read as a reference to a charity trustee of a CIO;

(k) any reference to a shadow director is to be treated as omitted;

(l) in any enactment of the 1986 Act which makes provision (for any purpose) for “officer” to include a shadow director, any such provision is to be treated as omitted;

(m) any reference to a company's articles of association is to be read as a reference to a CIO's constitution;

(n) any reference to the interests of a member is to be read as a reference to the interests of the relevant CIO;

(o) any reference to the business of a company is to be read as a reference to the activities the CIO undertakes in furtherance of its charitable purposes;

in each case, unless the context otherwise requires.

(4) The provision to be substituted for section 84 of the 1986 Act is—

“84    Circumstances in which CIO may be wound up voluntarily

(1) A CIO may be wound up voluntarily if its members pass a resolution that it be wound up voluntarily.

(2) A resolution under subsection (1) must be passed—

(a) at a general meeting of the CIO—

(i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or

(ii) where the CIO's constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or

(b) unanimously, otherwise than at a general meeting.

(3) In this Act “a resolution for voluntary winding up” means a resolution passed under subsection (1).

(4) Before the members of a CIO pass a resolution for voluntary winding up, they must give written notice of the resolution to the holder of any qualifying floating charge to which section 72A applies.

(5) Where notice is given under subsection (4), a resolution for voluntary winding-up may be passed only—

(a) after the end of the period of five business days beginning with the day on which the notice was given; or

(b) if the person to whom the notice was given has consented in writing to the passing of the resolution.

(6) If a resolution for voluntary winding up is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to—

(a) all members of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, all members entitled to take part in the decision to be made as to whether to pass the resolution at the meeting; and

(b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting;

and the notice must contain particulars of the resolution that is to be proposed.

(7) For the purpose of calculating the period of notice to be given under subsection (6) the following are to be excluded—

(a) the day of the meeting; and

(b) the day on which notice is given.

(8) If a qualifying majority agrees, a resolution for voluntary winding up which is to be proposed at a general meeting may be passed without the notice provisions in subsection (6) being satisfied.

(9) Where a resolution for voluntary winding up is passed otherwise than at a general meeting it is treated as having been passed on the date on which the last member agreed to it, unless the CIO's constitution provides that it is to be treated as having been passed on a later date.

(10) A copy of every resolution for voluntary winding up or (in the case of a resolution that is not in writing) a written memorandum setting out its terms must be sent to the Charity Commission within 15 days of the date on which it is passed.

(11) If a CIO fails to comply with subsection (10) an offence is committed by the liquidator and by every charity trustee of the CIO who is in default.

(12) In this section—

“qualifying majority” means—

(a)

in relation to a CIO whose members take decisions by voting, a majority in number of the members having a right to attend and vote at the meeting, who together represent not less than the requisite percentage of the total voting rights at that meeting of all the members;

(b)

in relation to a CIO whose members take decisions otherwise than by voting, all of the members having the right to attend the meeting and to take part in the decisions to be made at that meeting;

“requisite percentage” means 90% or such higher percentage (not exceeding 95%) as may be specified in the CIO's constitution for the purposes of this section.”.

(5) The provision to be substituted for section 122 of the 1986 Act is—

“122    Circumstances in which CIO may be wound up by the court

(1) A CIO may be wound up by the court if—

(a) the members of the CIO have passed a resolution that the CIO be wound up by the court (“resolution for court winding up”);

(b) the CIO does not commence its business within a year of its registration in the register of charities or suspends its business for a whole year;

(c) the CIO is unable to pay its debts;

(d) at the time when a moratorium for the CIO under section 1A comes to an end, no voluntary arrangement approved under Part 1 has effect in relation to the CIO;

(e) it is just and equitable in the opinion of the court that the CIO should be wound up.

(2) The resolution for court winding up must be passed by the members of the CIO in accordance with section 84(2).

(3) Subsections (6) to (12) of section 84 apply in relation to a resolution for court winding up as they apply to a resolution for voluntary winding up.”.

(6) The provision to be substituted for section 154 of the 1986 Act is—

“154.    Application of surplus

The court shall make such directions as it considers necessary to secure the application of the surplus in accordance with the directions contained in the CIO's constitution pursuant to section 206(2)(c) of the Charities Act 2011.”.

(7) The Table of further modifications is as follows—

TABLE OF FURTHER MODIFICATIONS TO PROVISIONS OF THE 1986 ACT APPLIED TO CIOS

Provision of the 1986 Act	Modification(s)
FIRST GROUP OF PARTS (Company insolvency; companies winding up)
Section 1 (Those who may propose an arrangement) M11	Omit subsections (4) to (6).
Section 4A (Approval of arrangement) M12	Omit subsection (5).
Section 5 (Effect of approval) M13
Subsection (3)	In paragraph (a) omit “or sist”.
Subsections (5) and (6)	Omit subsections (5) and (6).
Section 6 (Challenge of decisions) M14
Subsection (1)	In paragraph (a) omit “, member”.
Subsection (2A)	Omit subsection (2A).
Subsection (4)	Omit “or in the case of an application under subsection (2A), as to the ground mentioned in that subsection”.
Subsection (8)	Omit subsection (8).
Section 7A (Prosecution of delinquent officers of CIO)
Subsection (2)	In the full out words omit paragraph (ii).
Subsection (3)	After “1985” substitute “ to investigate the CIO's affairs as if the CIO were a company ”.
Subsection (7)	Omit paragraph (b).
Subsection (8)	Omit the reference to “the Lord Advocate”.
Section 30 (Disqualification of body corporate from acting as receiver)	Any reference to a body corporate is to be read as a reference to a body corporate other than a body corporate appointed as an interim manager under section 76(3)(g) of the Charities Act 2011.
Section 38 (Receivership accounts to be delivered to Charity Commission)	In subsection (1) omit “for registration”.
Section 47 (Statement of affairs to be submitted) M15	For subsection (3)(d) substitute: “ those who are or have been within that year officers of, or in the employment of, a company or a CIO which is, or within that year was, a charity trustee of the CIO. ”.
Section 72A (Floating charge holder not to appoint an administrative receiver) M16
Subsection (2)	Omit subsection (2).
Subsection (3)	For “subsections (1) and (2)” substitute “ subsection (1) ”.
Subsection (6)	For “sections 72B to 72GA” substitute “ section 72G ”.
Section 72G (Sixth exception: registered social landlords) M17	Omit “or under Part 3 of the Housing (Scotland) Act 2001 (asp. 10)”.
Section 72H (Sections 72A to 72G: supplementary)
Subsection (1)	For “sections 72B to 72G” substitute “ section 72G ”.
Subsection (2)	In paragraph (d) for “sections 72B to 72G” substitute “ section 72G ”.
Subsection (5)	Omit paragraph (b).
Section 73 (Scheme of this Part) M18	Omit “or Scotland”.
Section 74 (Liability as contributories of present and past members) M19
Subsection (1)	For subsection (1) substitute: “(1) When— (a) a CIO is wound up; and (b) its constitution states that its members are liable to contribute to its assets if it is wound up, every present and past member of the CIO is liable to contribute to its assets to any amount sufficient for the payment of its debts and liabilities, and the expenses of winding up, and for the adjustment of the rights of the contributories amongst themselves.”.
Subsection (2)	Omit paragraphs (d) and (f); in paragraph (e) for “the Companies Acts” substitute “ the Charities Act 2011 ”.
Subsection (3)	For subsection (3) substitute: “(3) No contribution is required from any member of a CIO exceeding the amount specified in the CIO's constitution under section 206(1)(d) of the Charities Act 2011 as the amount to be contributed by that member in the event of the CIO being wound up.”.
Section 79 (Meaning of contributory) M20	Omit subsection (3).
Section 81 (Contributories in case of death of a member)
Subsection (1)	Omit the words from “, and the heirs and legatees” to “in Scotland,”.
Subsection (2)	Omit subsection (2).
Subsection (3)	Omit the words “in England and Wales”.
Section 88 (Avoidance of share transfers, etc after winding-up resolution)	Omit the words from “Any transfer” to “liquidator, and”.
Section 95 (Effect of a CIO's insolvency) M21	Omit subsections (2), (4A)(b) and (5) to (7).
Section 98 (Meeting of creditors) M22
Subsection (1)	Omit subsection (1).
Subsections (3) to (5)	Omit subsections (3) to (5).
Subsection (6)	For “(1), (1A) or (2)” substitute “ (1A) or (2) ”.
Section 99 (Charity trustees to lay statement of affairs before creditors) M23	Omit subsection (2A)(b).
Section 101 (Appointment of liquidation committee)	Omit subsection (4).
Section 107 (Distribution of CIO's property)	For “shall (unless the articles otherwise provide) be distributed among the members according to their rights and interests in the company” substitute “ shall be applied in accordance with the directions contained in the CIO's constitution pursuant to section 206(2)(c) of the Charities Act 2011; and for this purpose the liquidator may require the charity trustees of the CIO to take any necessary action to secure that application. ”.
Section 109 (Notice by liquidator of his appointment)	In subsection (1) omit “for registration”.
Section 110 (Acceptance of shares, etc, as consideration for sale of CIO property) M24
Subsection (1)	For paragraph (a) substitute: “ to a company (“the transferee company”), whether or not the latter is a company registered under the Companies Act 2006, or ”.
Subsection (2)	In paragraphs (a) and (b) for “distribution among members of the transferor company” substitute “ to be applied in accordance with the directions contained in the CIO's constitution pursuant to section 206(2)(c) of the Charities Act 2011 ”.
Subsection (3)	In paragraph (a) for “company” substitute “ members of the CIO ”.
Subsection (4)	Omit subsection (4).
New subsections (7) to (11)	After subsection (6) insert: “(7) For the purposes of this section, a resolution of the members of a CIO is to be treated as a special resolution if it is passed— (a) at a general meeting of the CIO— (i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or (ii) where the CIO's constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or (b) unanimously, otherwise than at a general meeting. (8) Subject to subsection (10), if a resolution under subsection (3)(a) is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to— (a) all members of the CIO entitled to vote at the meeting or take part in the decision to be made as to whether to pass the resolution at the meeting; and (b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting; and the notice must contain particulars of the resolution that is to be proposed. (9) For the purpose of calculating the period of notice to be given under subsection (8) the following are to be excluded— (a) the day of the meeting; and (b) the day on which notice is given. (10) If a qualifying majority agrees, a resolution under subsection (3)(a) which is to be proposed at a general meeting of a CIO may be passed without the notice provisions in subsection (8) being satisfied. (11) In this section “qualifying majority” has the meaning given by section 84.”.
Section 117 (High Court and county court jurisdiction) M25
Subsection (2)	Omit the words from “Where the amount” to “(subject to this section)”.
Subsection (3)	Omit subsection (3).
Subsection (7)	Omit subsection (7).
Section 123 (Definition of inability to pay debts)	Omit subsection (1)(c) and (d).
Section 124 (Application for winding up) M26
Subsection (1)	Omit the words from “or by the designated officer” to “fines imposed on companies)”.
Subsections (2) and (3)	Omit subsections (2) and (3).
Subsection (3A)	For “section 122(1)(fa)” substitute “ section 122(1)(d) ”.
Subsections (4) to (4A)	Omit subsections (4) to (4A).
Section 126 (Power to stay or restrain proceedings against company) M27
Subsection (1)	In paragraph (a) omit “or Northern Ireland”; and in the full out words omit “sist”.
Subsection (2)	Omit subsection (2).
Section 127 (Avoidance of property dispositions, etc)	M28 In subsection (1) omit the words from “and any transfer” to “the company's members,”.
Section 128 (Avoidance of attachments etc.)	Omit subsection (2).
Section 130 (Consequences of a winding up order)	Omit subsection (3).
Section 131 (CIO's statement of affairs) M29
Subsection (2A)	Omit paragraph (b).
Subsection (3)	For paragraph (d) substitute: “ those who are or have been within that year officers of, or in the employment of, a company or a CIO which is, or within that year was, a charity trustee of the CIO. ”.
Subsection (8)	Omit subsection (8).
Section 133 (Public examination of officers)
Subsection (1)	In the opening words omit “or in Scotland, the liquidator”; in paragraph (b) omit “or, in Scotland, receiver of its property”.
Subsection (2)	Omit “or, in Scotland, the liquidator”.
Subsection (4)(d)	Omit “or, in Scotland, submitted a claim”.
Section 135 (Appointment and powers of provisional liquidator)	Omit subsection (3).
Section 143 (General functions in winding up the court)	In subsection (1) for “to the persons entitled to it” substitute “ applied in accordance with the directions contained in the CIO's constitution pursuant to section 206(2)(c) of the Charities Act 2011 ”.
Section 144 (Custody of CIO's property)	Omit subsection (2).
Section 147 (Power to stay winding up)	Omit all references to the sisting of proceedings.
Section 149 (Debts due from contributory to company) M30
Subsection (2)	Omit subsection (2).
Subsection (3)	Omit “whether limited or unlimited”.
Section 152 (Order on contributory to be conclusive evidence)	In subsection (2) omit from “except proceedings in Scotland” to the end.
Section 165 (Voluntary winding up) M31
Subsection (2)	In paragraph (a) for “company” substitute “ members of the CIO ”.
New subsections (7) to (11)	After subsection (6) insert: “(7) For the purposes of this section, a resolution of the members of a CIO is to be treated as a special resolution if it is passed— (a) at a general meeting of the CIO— (i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or (ii) where the CIO's constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or (b) unanimously, otherwise than at a general meeting. (8) Subject to subsection (10), if a resolution under subsection (2)(a) is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to— (a) all members of the CIO entitled to vote at the meeting or take part in the decision to be made as to whether to pass the resolution at the meeting; and (b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting; and the notice must contain particulars of the resolution that is to be proposed. (9) For the purpose of calculating the period of notice to be given under subsection (8) the following are to be excluded— (a) the day of the meeting; and (b) the day on which notice is given. (10) If a qualifying majority agrees, a resolution under subsection (2)(a) which is to be proposed at a general meeting of a CIO may be passed without the notice provisions of subsection (8) being satisfied. (11) In this section “qualifying majority” has the meaning given by section 84.”.
Section 172 (Removal, etc (winding up by the court))	Omit subsection (7).
Section 173 (Release (voluntary winding up))	Omit subsection (3).
Section 174 (Release (winding up by court))	Omit subsection (7).
Section 176A (Share of assets for unsecured creditors) M32	Omit subsection (4)(b).
Section 177 (Power to appoint special manager)
Subsection (2)	Omit “or members generally”.
Subsection (5)(a)	Omit “or, in Scotland, caution”.
Section 184 (Duties of officers charges with execution of writs and other processes (England and Wales)) M33	Omit subsection (8).
Section 187 (Power to make over assets to employees) M34
Subsection (1)	In subsection (1) for the words from “payment” to “business)” substitute “ ex-gratia payment authorised, before the commencement of the winding up, by the Charity Commission under section 106 of the Charities Act 2011 or the Attorney General ”.
Subsection (2)	For subsection (2) substitute: “(2) The liquidator may, after the winding up has commenced, make any relevant payment if the CIO's liabilities have been fully satisfied and provision has been made for the expenses of the winding up. (2A) For the purposes of subsection (2) a payment is a relevant payment if it is an ex-gratia payment authorised, after the commencement of the winding-up, by the Charity Commission under section 106 of the Charities Act 2011 or the Attorney General.”.
Subsection (3)	For “the members on winding up” substitute “ be applied in accordance with the directions contained in the CIO's constitution in compliance with section 206(2)(c) of the Charities Act 2011. ”.
Section 189 (Interest on debts)	Omit subsection (5).
Section 190 (Documents exempt from stamp duty)
Subsection (2)	Omit “If the company is registered in England and Wales”.
Subsection (3)	Omit subsection (3).
Section 196 (Judicial notice of court documents) M35	Omit references to the Court of Session, sheriff court and High Court in Northern Ireland; in paragraph (b) omit “or the Companies Acts”.
Section 197 (Commission for receiving evidence)
Subsection (1)	In the opening words omit “in England and Wales or in Scotland”; omit paragraphs (b) and (c).
Subsections (2) and (3)	Omit references to the sheriff principal.
Subsection (5)	Omit subsection (5).
Section 201 (Dissolution (voluntary winding up) M36
Subsection (2)	For subsection (2), substitute: “(2) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the account and return and the CIO is dissolved on the date on which it is removed from the register.”.
Subsection (4)	Omit “for registration”.
New subsections (5) and (6)	After subsection (4) insert: “(5) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating— (a) that the CIO has been removed from the register of charities; and (b) the date on which the CIO was so removed. (6) In determining the manner in which to publish a notice under subsection (5) the Charity Commission must have regard in particular to— (a) the location of the CIO's principal office; (b) the area in which the CIO operated; and (c) the charitable purposes of the CIO.”.
Section 202 (Early Dissolution (England and Wales))	For subsection (5), substitute: “(5) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the official receiver's application under subsection (2) and the CIO is dissolved on the date on which it is removed from the register. However the Secretary of State may, on the application of the official receiver or any other person who appears to the Secretary of State to be interested, give directions under section 203 at any time before the end of that period. (6) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating— (a) that the CIO has been removed from the register of charities; and (b) the date on which the CIO was so removed. (7) In determining the manner in which to publish a notice under subsection (6), the Charity Commission must have regard in particular to— (a) the location of the CIO's principal office; (c) the area in which the CIO operated; and (c) the charitable purposes of the CIO.”.
Section 203 (Consequence of notice under s 202)	In subsection (5) omit “for registration”.
Section 205 (Dissolution otherwise than under ss 202-204)
Subsection (2)	For subsection (2), substitute: “(2) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the notice and the CIO is dissolved on the date on which it is removed from the register.”.
Subsection (5)	Omit subsection (5).
Subsection (6)	Omit paragraph (c); and in the full out words omit “for registration”.
New subsections (8) and (9)	After subsection (7), insert: “(8) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating— (a) that the CIO has been removed from the register of charities; and (b) the date on which the CIO was so removed. (9) In determining the manner in which to publish a notice under subsection (8), the Charity Commission must have regard in particular to— (a) the location of the CIO's principal office; (b) the area in which the CIO operated; and (c) the charitable purposes of the CIO.”.
Section 216 (Restriction on re-use of company names)	Omit subsection (8).
Section 217 (Personal liability for debts, following contravention of s 216)	Omit subsection (6).
Section 218 (Prosecution of delinquent officers and members of CIO) M37
Subsection (1)	Omit paragraph (b).
Subsection (4)	Omit paragraph (b); and in the full out words omit “or (as the case may be) the Lord Advocate” in both places it occurs.
Subsection (5)	After “1985” substitute “ to investigate the CIO's affairs as if the CIO were a company ”.
Section 219 (Obligations arising under s 218) M38
Subsection (2B)	Omit paragraph (b)
Subsection (3)	Omit the references to the “Lord Advocate” and “defender”.
Subsection (4)	Omit the reference to the “Lord Advocate”.
Section 233 (Supplies of gas, water, electricity, etc) M39	In subsection (3)(c) omit the reference to Scottish Water.
Section 235 (Duty to co-operate with office-holder) M40	For subsection (3)(d) substitute: “ those who are, or have within that year been, officers of or in the employment (including employment under a contract for services) of a company or a CIO which is, or within that year was, a charity trustee of the CIO in question ”.
Section 236 (Inquiry into CIO's dealings, etc) M41	In subsection (3A) omit from “(in England and Wales)” to the end.
Section 244 (Extortionate credit transactions) M42	In subsection (5) omit “or under section 242 (gratuitous alienations in Scotland)”.
Section 245 (Avoidance of certain floating charges) M43	In subsection (1) omit “but applies to Scotland as well as to England and Wales”.
Section 246A (Remote attendance at meetings) M44	Omit subsection (2).
Section 246B (Use of websites)	Omit subsection (2).
Section 248 (“Secured creditor” etc)	Omit paragraph (b)(ii).
Section 251 (Expressions used generally) M45
Definition of administrative receiver	Omit paragraph (b).
Definition of “chattel leasing agreement”	Omit “or, in Scotland, the hiring”.
Definition of “floating charge”	Omit the words from “and includes” to “(Scottish floating charges)”.
Definition of “the Gazette”	Omit paragraph (b).
Definition of “receiver”	Omit the definition.
Section 387 (“The relevant date”) M46	Omit subsections (4)(b), (5) and (6).
Section 388 (Meaning of “to act as an insolvency practitioner”) M47
Subsection (2)	Omit subsection (2).
Subsection (2A)	Omit subsection (2A).
Subsection (3)	Omit subsection (3).
Subsection (4)	Omit the definitions of “company”, “interim trustee” and “permanent trustee”.
Subsection (5)	Omit paragraph (b).
Section 389 (Acting without qualification an offence) M48	In subsection (2) omit the words from “or the Accountant” to “Act 1985”.
Section 389A (Authorisation of nominees and supervisors) M49
Subsection (1)	Omit “or Part 8”.
Subsection (2)(b)	Omit “(in Scotland, caution)”; and “or caution”.
Section 390 (Persons not qualified to act as insolvency practitioners) M50
Subsection (3)	In paragraph (a) omit “or, in Scotland, caution”; in paragraph (b) omit “or caution”.
New subsection (6)	After subsection (5) insert: “(6) This section does not apply to a body corporate appointed as an interim manager under section 76(3)(g) of the Charities Act 2011.”.
Section 399 (Appointment, etc of official receivers)
Subsections (1) and (4)	Omit each reference to bankruptcy; individual voluntary arrangement; debt relief order or application for such an order.
Section 411 (CIO insolvency rules) M51
Subsection (1)	Omit paragraph (b).
Subsections (1A) and (1B)	Omit subsections (1A) and (1B).
Subsection (2)	Omit the reference to subsections (1A) and (1B) and to the Treasury.
Subsections (2C) and (2D)	Omit subsections (2C) and (2D).
Subsection (3)	Omit “bank liquidator or administrator” and the references to the Banking Act 2009.
Subsection (3A)	Omit subsection (3A).
Section 413 (Insolvency Rules Committee) M52	In subsection (2) omit the reference to section 412.
Section 414 (Fees orders (CIO insolvency proceedings) M53
Subsection (2)	Omit paragraph (b).
Subsection (5)	Omit the reference to the Secretary of State.
Subsection (8A) to (8C)	Omit subsections (8A) to (8C).
Subsection (9)	Omit the words from “and the application of” to the end.
Section 415A (Fees orders (general)) M54	Omit subsection (A1).
Section 416 (Monetary limits (companies winding up))
Subsection (1)	Omit the entries relating to sections 117(2) and 120(3).
Subsection (3)	Omit “117(2), 120(3) or”.
Section 423 (Transactions defrauding creditors) M55	For subsection (4) substitute: “(4) In this section “the court” means— (a) the High Court; or (b) any county court having jurisdiction to wind up the CIO.”.
Section 424 (Those who may apply for an order under s423) M56 Subsection (1)	For paragraph (a) substitute: “(a) in a case where the debtor is being wound up or is in administration, by the official receiver, by the liquidator or administrator or (with the leave of the court) by a victim of the transaction;”.
Section 431 (Summary proceedings) M57
Subsection (3)	Omit subsection (3).
Subsection (4)	Omit the reference to the Lord Advocate.
Section 432 (Offences by bodies corporate)
Subsection (2)	The reference to any director, manager, secretary or other similar officer of a body corporate is to be read as including a reference to a charity trustee of a CIO.
Subsection (4)	Omit the words “51, 53, 54, 62, 64, 66,” and “and 23(1)(a)”.
Section 433 (Admissibility in evidence of statements of affairs, etc) M58
Subsection (1)	Omit paragraphs (aa) and (ab).
Subsection (3)	In paragraph (a) omit the words “66(6), 67(8),” and from “, 353(1)” to “(2)(a) or (b)”; omit paragraph (e).
Section 434A (Introductory) M59	For “416 and 417” substitute “ 416 ”.
Section 434D (Enforcement of a CIO's filing obligations) M60	In subsection (4) omit “(in Scotland, expenses)”.
Section 436 (Expressions used generally) M61	In subsection (2) in the opening words after “Companies Acts” insert: “with the substitution, in relation to CIOs, of references to charity trustees for references to directors; omit the entries relating to: “articles”, “the Joint Stock Companies Acts”, “overseas company”, “paid up”, “private company”, “public company” and “registrar of companies”.
Section 436B (References to things in writing) M62	In subsection (2) ignore paragraphs (a), (b), (c) (e), (h) and (i).
SCHEDULE A1 (Moratorium where directors propose voluntary arrangements) M63
Paragraph 1	M64 Omit the definitions of “market contract”, “market charge”, “settlement finality regulations” and “system-charge”.
Paragraph 2	M65 For paragraph 2 substitute: “2.   A CIO is eligible for a moratorium unless it is excluded from being eligible by virtue of paragraph 4.”.
Paragraph 7
Sub-paragraph (1)	Omit “(in Scotland, lodge)”.
Sub-paragraph (4)	Omit “(in Scotland, lodged)”.
Paragraph 12
M66 Sub-paragraph (3)	Omit sub-paragraph (3).
Sub-paragraph (5)	For sub-paragraph (5) substitute: “(5) For the purposes of this paragraph “excepted petition” means a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.
Paragraph 17	In sub-paragraph (2) omit “(in Scotland, hired)”.
Paragraph 22	In sub-paragraph (1)(c) omit the reference to paragraph 21.
Paragraph 38	In sub-paragraph (1)(a) omit “, member”.
Paragraph 40	M67 In sub-paragraph (2) omit references to a “member” or “members”.
Paragraph 45
Sub-paragraph (4)	Omit the words “(except regulations under paragraph 5)”.
Sub-paragraph (5)	Omit sub-paragraph (5).
SCHEDULE B1 (Administration) M68
Paragraph 14	Omit sub-paragraph (2)(d).
Paragraph 15	Omit sub-paragraph (3).
Paragraph 39	In sub-paragraph (1)(d) omit “or under any rule of the law of Scotland”.
Paragraph 40	M69 For sub-paragraph (2) substitute: “(2) Sub-paragraph (1)(b) does not apply to a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011”.
Paragraph 42	M70 For sub-paragraph (4) substitute: “(4) Sub-paragraph (3) does not apply to a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.
Paragraph 43	M71 Omit sub-paragraph (5).
Paragraph 47
Sub-paragraph (3)	For sub-paragraph (3)(d) substitute: “ a person who is or has been during that period an officer or employee of a company or a CIO which is or has been during that year a charity trustee of the CIO. ”
Sub-paragraph (5)	Omit sub-paragraph (5).
Paragraph 49	M72 Omit sub-paragraph (3)(b).
Paragraph 73	M73 Omit sub-paragraph (2)(c) and (d).
Paragraph 74
M74 The whole paragraph	Omit all references to a “member” or “members”.
Sub-paragraph (6)	Omit sub-paragraphs (b) and (ba).
Paragraph 82	M75 For sub-paragraph (1) substitute: “(1) This paragraph applies where a winding-up order is made for the winding up of a CIO in administration on a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.
Paragraph 83
Sub-paragraph (2)	Omit sub-paragraph (2).
Sub-paragraph (4)	For sub-paragraph (4) substitute: “(4) On receipt of a notice under sub-paragraph (3), the Charity Commission must publish it in such manner as it thinks fit. (4A) In determining the manner in which to publish the notice under sub-paragraph (3) the Charity Commission must have regard in particular to— (a) the location of the principal office of the CIO; (b) the area in which the CIO operates; and (c) the charitable purposes of the CIO.”.
Sub-paragraph (6)	For “registration” substitute “ publication ” and for “registered” substitute “ published ”.
Paragraph 84
Sub-paragraph (3)	For sub-paragraph (3) substitute: “(3) On receipt of a notice under sub-paragraph (1), the Charity Commission must publish it in such manner as it thinks fit. (3A) In determining the manner in which to publish the notice under sub-paragraph (1) the Charity Commission must have regard in particular to— (a) the location of the principal office of the CIO; (b) the area in which the CIO operates; and (c) the charitable purposes of the CIO.”.
Sub-paragraph (4)	For “registration” substitute “ publication ”.
Sub-paragraph (6)	For “registration” substitute “ publication ”.
Paragraph 96	Omit sub-paragraph (4).
Paragraph 111	M76 Omit sub-paragraphs (1A) and (1B).
SCHEDULE 1 (Powers of administrator or administrative receiver)
Paragraph 2	M77 Omit the words from “or, in Scotland,” to “private bargain”.
SCHEDULE 4 (Powers of liquidator in a winding up)
Paragraph 3 Paragraph 3A	M78 Omit the paragraph. Omit “, 242, 243”.
SCHEDULE 6 (The categories of preferential debts)
Paragraph 14	M79 Omit sub-paragraphs (1)(b) and (c).
SCHEDULE 8 (Provisions capable of inclusion in CIO insolvency rules)
Paragraph 14	Omit the words “or in the Bankruptcy (Scotland) Act 1985”.
Paragraph 29	M80 Omit “, 66”.
SCHEDULE 10 (Punishment of offences under this Act)	In the table, after the entry relating to section 67(8) insert:
	“84(11) Failing to comply with requirement to send resolution to Charity Commission. Summary. One-fifth of the statutory maximum. One-fiftieth of the statutory maximum. ”

Marginal Citations

M1 There are amendments to section 84 not relevant to these Regulations.

M2 There are amendments to section 122 not relevant to these Regulations.

M3 Part 1 of the 1986 Act was amended by the Insolvency Act 2000 (c.39), Schedule 1, paragraphs 2 to 10 and Schedule 2, paragraphs 1 to 10; and by the Enterprise Act 2002 (c.40), Schedule 17, paragraphs 10 to 12. Part 2 of the 1986 Act was substituted by the Enterprise Act 2002, section 248(1). Part 3 of the 1986 Act was amended by the Companies Act 1989 (c.40), Schedule 16, paragraph 3, and Schedule 24; by the Insolvency Act 1994 (c.7), section 2; by the Enterprise Act 2002 (c.40), section 250 and Schedule 21, paragraph 1; by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 20, paragraph 2; by S.I. 2003/1832, article 2; by S.I. 2008/1897, regulation 2(1); by S.I. 2009/1941, Schedule 1, paragraph 74; by S.I. 2010/18, article 5(1); and by S.I. 2010/866, Schedule 2, paragraph 61. Part 4 of the 1986 Act was amended by the Companies Act 1989 (c.40), section 60(3); by the Insolvency Act 2000, sections 10 and 11; by the Enterprise Act 2002, sections 252 and 253 and Schedule 17, paragraphs 14 to 18, and Schedule 26; by the Courts Act 2003, Schedule 8, paragraphs 295 and 296; by the Civil Partnerships Act 2004 (c.33), Schedule 27, paragraph 112; by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 186; by the Companies Act 2006 (c.46), section 1282; by S.I. 1986/1996, Schedule, Part 1; by S.I. 1994/2421, article 14; by S.I. 1999/1820, Schedule 2, paragraph 85; by S.I. 2001/1090, Schedule 5, paragraph 15; by S.I. 2002/1240, regulation 8; by S.I. 2002/1555, article 15; by S.I. 2006/3429, regulation 7(1); by S.I. 2007/2194, Schedule 4, paragraph 40; by S.I. 2008/1897, regulation 5(1); by S.I. 2009/864, article 3; by S.I. 2009/1941, Schedule 1, paragraph 75; and by S.I. 2010/18, articles 5 to 7 and 10. There are other amendments not relevant to these Regulations.

M4 Schedule A1 was inserted by the Insolvency Act 2000, Schedule 1, paragraph 4. It was amended by the Enterprise Act 2002, Schedule 17, paragraph 37; by S.I. 2004/2312, article 2; by S.I. 2008/1897, regulation 3; and by S.I. 2009/1941, Schedule 1, paragraph 71. There are other amendments not relevant to these Regulations.

M5 Schedule B1 to the 1986 Act was inserted by the Enterprise Act 2002,section 248 and Schedule 16. It was amended by the Courts Act 2003 (c.39), Schedule 8, paragraph 299; by S.I. 2003/2096, article 2; by S.I. 2005/879, regulation 2(4); by S.I. 2007/2974, regulation 65(2); by S.I. 2008/1897, regulation 4; and by S.I. 2010/18, article 4(2). There are other amendments not relevant to these Regulations.

M6 There are amendments to Schedule 1 not relevant to these Regulations.

M7 Schedule 4 was amended by the Enterprise Act 2002, section 253 and by S.I. 2010/18, article 10(2).

M8 Part 6 of the 1986 Act was amended by the Water Act 1989 (c.15), Schedule 25, paragraph 78; by the Insolvency (No.2) Act 1994 (c.12), section 1; by the Gas Act 1995 (c.45), Schedule 4, paragraph 14; by the Utilities Act 2000 (c.27), Schedule 6, paragraph 47; by the Insolvency Act 2000 (c.39), Schedule 1, paragraph 8; by the Enterprise Act 2002, Schedule 17, paragraphs 19 to 23 to 27 and 30 to 32, and Schedule 26; by the Communications Act 2003 (c.21), Schedule 17, paragraph 82; and by S.I. 2010/18, article 3. Part 7 of the 1986 Act was amended by the Enterprise Act 2002, Schedule 17, paragraph 33, and by S.I. 2009/1941, Schedule 1, paragraph 77. There are other amendments not relevant to these Regulations.

M9 The Third Group of Parts of the 1986 Act was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 18; by the Youth Justice and Criminal Evidence Act 1999 (c.23), Schedule 3, paragraph 7; by the Insolvency Act 2000, sections 4 and 13, Schedule 1, paragraphs 9 to 11, and Schedule 4, paragraph 16; by the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 18; by the Enterprise Act 2002, sections 251, 270 to 272, Schedule 17, paragraphs 36 and 38, Schedule 21, paragraph 4, Schedule 23, paragraph 14, and Schedule 26; by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraphs 121 and 122; by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 188 and 190; by the Mental Capacity Act 2005 (c.9), Schedule 6, paragraph 31 and Schedule 7; by the Tribunals, Courts and Enforcement Act 2007, Schedule 20, paragraphs 6, 7, 10 and 15; by S.I. 2002/1037, regulations 3 and 4; by S.I. 2002/1240, regulation 18; by S.I. 2005/879, regulation 3; by S.I. 2005/2078, article 15; by S.I. 2005/3129, Schedule 4, paragraph 8; by S.I. 2007/2194, Schedule 4, paragraph 44; by S.I. 2008/948, Schedule 1, paragraph 105; by S.I. 2009/3081 regulation 2; by S.I. 2009/1941, Schedule 1, paragraphs 78 to 82; and by S.I. 2010/18, article 4. There are other amendments not relevant to these Regulations.

M10 2006 c.48.

M11 Section 1 was amended by the Insolvency Act 2000, Schedule 2, paragraph 2 and by the Enterprise Act 2002, Schedule 17, paragraph 10. There are other amendments to section 1 not relevant to these Regulations.

M12 Section 4A was inserted by the Insolvency Act 2000, Schedule 2, paragraph 5.

M13 Section 5 was amended by the Insolvency Act 2000, Schedule 2, paragraph 6 and by the Enterprise Act 2002, Schedule 17, paragraph 11. There are other amendments to section 5 not relevant to these Regulations.

M14 Section 6 was amended by the Insolvency Act 2000, Schedule 2, paragraph 7 and by the Enterprise Act 2002, Schedule 17, paragraph 12. There are other amendments to section 6 not relevant to these Regulations.

M15 Section 47 was amended by S.I. 2010/18, article 5(1).

M16 Section 72A was inserted by the Enterprise Act 2002, section 250. It was amended by S.I. 2003/2093, Schedule 1.

M17 Section 72G was inserted by the Enterprise Act 2002, section 250. It was amended by S.I. 2010/866, Schedule 2.

M18 Section 73 was substituted by S.I. 2009/1941, Schedule 1, paragraph 75.

M19 Section 74 was amended by S.I. 2009/1941, Schedule 1, paragraph 75.

M20 Section 79 was amended by S.I. 2009/1941, Schedule 1, paragraph 75.

M21 Section 95 was amended by S.I. 2009/864, article 3 and by S.I. 2010/18, articles 5(2) and 7.

M22 Section 98 was amended by S.I. 2009/864, article 3 and by S.I. 2010/18, article 7.

M23 Section 99 was amended by S.I. 2010/18, article 5(3).

M24 Section 110 was amended by S.I. 2001/1090, Schedule 5, paragraph 15 and by S.I. 2009/1941, Schedule 1, paragraph 75. There are other amendments to section 110 not relevant to these Regulations.

M25 There are amendments to section 117 not relevant to these Regulations.

M26 Section 124 was amended by the Companies Act 1989, section 60(2); by the Insolvency Act 2000, Schedule 1, paragraph 7; by the Courts Act 2003, Schedule 8, paragraph 294; by S.I. 2002/1240, regulation 8; by S.I. 2006/2078, regulation 33(2); and by S.I. 2009/1941, Schedule 1, paragraph 75. There are other amendments to section 124 not relevant to these Regulations.

M27 Section 126 was amended by S.I. 2009/1941, Schedule 1, paragraph 75.

M28 Section 127 was amended by the Enterprise Act 2002, Schedule 17, paragraph 15.

M29 Section 131 was amended by S.I. 2010/18, article 5(4).

M30 Section 149 was amended by S.I. 2009/1941, Schedule 1, paragraph 75.

M31 Section 165 was amended by S.I. 2007/2194, Schedule 4, paragraph 41.

M32 Section 176A was inserted by the Enterprise Act 2002, section 252. It was amended by S.I. 2008/948, Schedule 1, paragraph 103.

M33 Section 184 was amended by the Courts Act 2003, Schedule 8 paragraph 296.

M34 Section 187 was amended by S.I. 2007/2194, Schedule 4, paragraph 42, and by S.I. 2009/1941, Schedule 1, paragraph 75.

M35 Section 196 was amended by S.I. 2009/1941, Schedule 1, paragraph 75.

M36 Section 201 was amended by S.I. 2006/3429, regulation 3.

M37 Section 218 was amended by the Insolvency Act 2000, section 10, and by S.I. 2009/1941, Schedule 1, paragraph 75.

M38 Section 219 was amended by the Insolvency Act 2000, sections 10 and 11, and by S.I. 2009/1941, Schedule 1, paragraph 75.

M39 Section 233 was amended by the Water Act 1989, Schedule 25, paragraph 78; by the Gas Act 1995, Schedule 4, paragraph 14 and Schedule 6; by the Utilities Act 2011, Schedule 6, paragraph 47; by the Insolvency Act 2000, Schedule 1, paragraph 8; by the Enterprise Act 2002, Schedule 17, paragraph 22; by the Communications Act 2003, Schedule 17, paragraph 82 and by S.I. 2004/1822, paragraph 14 of the Schedule.

M40 Section 235 was amended by the Enterprise Act 2002, Schedule 17, paragraph 24.

M41 Section 236 was amended by S.I. 2010/18, article 5(6).

M42 Section 244 was amended by the Enterprise Act 2002, Schedule 17, paragraph 30.

M43 Section 245 was amended by the Enterprise Act 2002, Schedule 17, paragraph 31.

M44 Sections 246A and 246B were inserted by S.I. 2010/18, article 3.

M45 Section 251 was amended by S.I. 2009/1941, Schedule 1, paragraph 77.

M46 Section 387 was amended by the Insolvency Act 2000, Schedule 1, paragraph 9, and Schedule 3, paragraph 15; by the Enterprise Act 2002, Schedule 17, paragraph 34, and by S.I. 2002/1240, regulation 16.

M47 Section 388 was amended by the Insolvency Act 2000, section 4; by S.I. 2002/1240, regulation 17; by S.I. 2002/2708, article 3; by S.I. 1994/2421, article 15; and by S.I. 2009/1941, Schedule 1, paragraph 78.

M48 Section 389 was amended by the Insolvency Act 2000, section 4.

M49 Section 389A was inserted by the Insolvency Act 2000. It was amended by the Mental Capacity Act 2005 (c.9), Schedule 6, paragraph 31, and Schedule 7; by S.I. 2004/1941, Schedule, paragraph 2; by S.I. 2005/2078, Schedule 1, paragraph 3; and by S.I. 2009/1941, Schedule 1, paragraph 78,

M50 Section 390 was amended by the Adults with Incapacity (Scotland) Act 2000 (asp. 4), Schedule 5, paragraph 18; by Insolvency Act 2000, Schedule 4, paragraph 16; by the Enterprise Act 2002, Schedule 21, paragraph 4; by the Mental Capacity Act 2005, Schedule 6, paragraph 31, and Schedule 7; by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 20, paragraph 6; by S.I. 2004/1941, Schedule, paragraph 3; by S.I. 2005/2078, Schedule 1, paragraph 3; and by S.I. 2009/1941, Schedule 1, paragraph 78. There are other amendments to section 390 not relevant to these Regulations.

M51 Section 411 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 188; S.I. 2002/1037, regulation 3; S.I. 2007/2194, Schedule 4, paragraph 44; S.I. 2009/1941, Schedule 1, paragraph 79. There are other amendments to section 411 not relevant to these Regulations.

M52 Section 413 was amended by the Water Act 1985, Schedule 25; by the Water Consolidation (Consequential Provisions) Act 1991, Schedule 1; by the Railways Act 1993, Schedule 12; and by the Constitutional Reform Act 2005, Schedule 4.

M53 Section 414 was amended by S.I. 2007/2194, Schedule 4, paragraph 44. There are other amendments to section 414 not relevant to these Regulations.

M54 Section 415A was inserted by the Enterprise Act 2002, section 270(1). There are other amendments to section 415A not relevant to these Regulations.

M55 Section 423 was amended by the Civil Partnerships Act 2004 (c.33), Schedule 27, paragraph 121.

M56 There is an amendments to section 424 not relevant to these Regulations.

M57 There are amendments to section 431 not relevant to these Regulations.

M58 Section 433 was amended by the Youth Justice and Criminal Evidence Act 1999 (c.23), Schedule 3, paragraph 7. There are other amendments to section 433 not relevant to these Regulations.

M59 Sections 434A to 434C were inserted by S.I. 2008/948, Schedule 1, paragraph 105.

M60 Section 424D was inserted by S.I. 2009/1941, Schedule 1, paragraph 81.

M61 Section 436 was amended by the Tribunals, Courts and Enforcement Act 2007, Schedule 13; by S.I. 2002/1037, regulation 4; by S.I. 2005/879, regulation 2; by S.I. 2007/2194, Schedule 4, paragraph 45; and by S.I. 2009/1941, Schedule 1, paragraph 82.

M62 Section 436B was inserted by S.I. 2010/18, article 4(1).

M63 Schedule A1 to the 1986 Act is footnoted at Schedule 2 paragraph 1(2)(iv). Where a provision of Schedule A1 is applied subject to modifications specified in the Table, relevant amendments to that provision are footnoted below.

M64 Paragraph 1 was amended by S.I. 2002/1555, article 28.

M65 Paragraph 2 was amended by S.I. 2002/155, article 29. There are other amendments to paragraph 2 not relevant to these Regulations.

M66 Paragraph 12 was amended by the Enterprise Act 2002, Schedule 17, paragraph 37. There are other amendments to paragraph 12 not relevant to these Regulations.

M67 Paragraph 40 was amended by the Enterprise Act 2002, Schedule 17, paragraph 37 and by S.I. 2004/2312, article 2.

M68 Schedule B1 to the 1986 Act is footnoted at regulation 10. Where a provision of Schedule B1 is applied subject to modifications specified in the Table, relevant amendments to that provision are footnoted below.

M69 There are amendments to paragraph 40 not relevant to these Regulations.

M70 There are amendments to paragraph 42 not relevant to these Regulations.

M71 Paragraph 43 was amended by the Enterprise Act 2002, section 248 and Schedule 16, as amended by S.I. 2003/2096.

M72 There are amendments to paragraph 49 not relevant to these Regulations.

M73 Paragraph 73 was amended by S.I. 2007/2974, regulation 65. There are other amendments to paragraph 73 not relevant to these Regulations.

M74 There are amendments to paragraph 74 not relevant to these Regulations.

M75 There are amendments to paragraph 82 not relevant to these Regulations.

M76 Paragraph 111 was amended by S.I. 2005/879, regulation 2; by S.I. 2009/1941, Schedule 1, paragraph 72; and by S.I. 2010/18, article 4(2).

M77 There are amendments to paragraph 2 not relevant to these Regulations.

M78 Paragraph 3A was inserted by the Enterprise Act 2002, section 253.

M79 Paragraph 14 was amended by the Enterprise Act 2002, Schedule 17, paragraphs 38(4) and (5).

M80 Paragraph 29 was amended by the Enterprise Act 2002, Schedule 17, paragraph 38(6).

Application to CIOs of subordinate legislation made under the 1986 Act E+W

2.—(1) The legislation made under the 1986 Act specified in sub-paragraph (3) applies to CIOs with any necessary modifications for the purpose of giving effect to the provisions of the 1986 Act which are applied to CIOs by paragraph 1 above.

(2) Where there is a conflict between a provision of the subordinate legislation applied by sub-paragraph (1) and any provision of these Regulations, the latter prevails.

(3) The specified legislation is—

(a) the Insolvency Rules 1986 M81 ;

(b) the Insolvency Practitioners (Recognised Professional Bodies) Order 1986 M82 ;

(c) the Insolvency Proceedings (Monetary Limits) Order 1986 M83 ;

(d) the Insolvency Practitioners Tribunal (Conduct of Investigations) Rules 1986 M84 ;

(e) the Insolvency Regulations 1994 M85 ;

(f) the Insolvency Act 1986 (Prescribed Part) Order 2003 M86 ;

(g) the Insolvency Proceedings (Fees) Order 2004 M87 ;

(h) the Insolvency Practitioners Regulations 2005 M88 ; and

(i) the Civil Proceedings Fees Order 2008 M89 .

Marginal Citations

M81 S.I. 1986/1925. The Rules are amended regularly; the most recent relevant amendments are made by S.I. 2010/686.

M82 S.I. 1986/1764.

M83 S.I. 1986/1996. There are amendments not relevant to these Regulations.

M84 S.I. 1986/952.

M85 S.I. 1994/2507, amended by S.I. 2000/485, 2001/3649, 2004/472, 2005/512, 2008/670, 2009/482, 2009/2748, 2011/2203. There are further amendments not relevant to these Regulations.

M86 S.I. 2003/2097.

M87 S.I. 2004/593, amended by S.I. 2005/544, 2007/521, 2009/645, 2010/732, 2011/1167.

M88 S.I. 2005/524, amended by S.I. 2009/2748, 2009/3081.

M89 S.I. 2008/1053, amended by S.I. 2008/2853, 2009/1498, 2011/586.