The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014.

(2) They come into force on 22nd April 2014.

(3) In these Rules—

“the Act” means the Insolvency Act 1986;

“the London insolvency district” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014(1); and

“the Rules” means the Insolvency Rules 1986(2).

Commencement of insolvency proceedings under Parts 1 to 7 of the Act

2.—(1) Where section 117(3) of the Act gives jurisdiction to the County Court in respect of proceedings under Parts 1 to 7 of the Act any such proceedings when they are commenced in the county court may only be commenced in the county court hearing centre which serves the area in which the company’s registered office is situated.

(2) However if the registered office is situated in an area served by a county court hearing centre for which Schedule 1 lists an alternative county court hearing centre then any such proceedings in the county court may only be commenced in the alternative county court hearing centre

(3) For the purposes of this rule a company’s registered office is situated in the place which has been its registered office for the longest during the six months before the presentation of the petition for winding up.

Commencement of insolvency proceedings under Parts 7A to 11 of the Act

3.—(1) Proceedings under Parts 7A to 11(4) of the Act that are allocated in accordance with the Insolvency Rules to the London Insolvency District when they are commenced in the county court may only be commenced in the County Court at Central London.

(2) Elsewhere such proceedings when they are commenced in the County Court may only be commenced in the county court hearing centre determined in accordance with the Rules.

(3) However if the county court hearing centre so determined is one for which Schedule 1 lists an alternative county court hearing centre then such proceedings when they are commenced in the county court may only be commenced in the alternative county court hearing centre.

Amendments to the Insolvency Rules 1986

4.  Schedule 2 contains amendments to the Rules.

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

31st March 2014

I concur, by the authority of the Lord Chief Justice

Sir Terence Etherton

Chancellor of the High Court

31st March 2014

I concur, on behalf of the Secretary of State

Jenny Willott

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

1st April 2014