Citation, commencement and interpretation1

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 20143; and

  • “the Rules” means the Insolvency Rules 19864.

Commencement of insolvency proceedings under Parts 1 to 7 of the Act2

1

Where section 1175 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 Act3

1

Proceedings under Parts 7A to 116 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 19864

Schedule 2 contains amendments to the Rules.

Shailesh VaraParliamentary Under Secretary of StateMinistry of Justice

I concur, by the authority of the Lord Chief Justice

Sir Terence EthertonChancellor of the High Court

I concur, on behalf of the Secretary of State

Jenny WillottParliamentary Under Secretary of State for Employment Relations and Consumer AffairsDepartment for Business, Innovation and Skills