The Insolvency (England and Wales) Rules 2016

Statutory Instruments

2016 No. 1024

Insolvency, England And Wales

Companies

Individuals

The Insolvency (England and Wales) Rules 2016

Made

18th October 2016

Laid before Parliament

25th October 2016

Coming into force

6th April 2017

M1 The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986 (“the Act”).

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 411 and 412 M2 of the Act, with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice under sections 411(7) and 412(6) of the Act) in relation to those rules which affect court procedure, and with the concurrence of the Secretary of State.

Modifications etc. (not altering text)

C1 Rules applied (with modifications) (6.4.2017) by S.I. 2015/1493, regs. 2, 8 (as amended by The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017 (S.I. 2017/369), Sch. 2 para. 1)

C2 Rules modified (8.12.2017) by S.I. 2001/1090, Sch. 7 (as inserted by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 para. 55)

C3 Rules applied (with modifications) (4.8.2018) by The Financial Market Infrastructure Administration (England and Wales) Rules 2018 (S.I. 2018/833), rules 1(1), 12

C4 Rules modified in part (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 5 (with regs. 1(2), 3(a)(i))

C5 Rules modified in part (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 33 (with regs. 1(2), 3(a)(ii))

C6 Rules modified (23.4.2019) by S.I. 2001/3634, rules 3-8 (as amended by The Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 and the Insurers (Winding Up) Rules 2001 (Amendment) Rules 2019 (S.I. 2019/754), rules 1(2), 2)

C7 Rules modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 7(6) (with ss. 2(2), 5(2))

C8 Rules restricted (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 19(1)(2) (with ss. 2(2), 5(2))

C9 Rules modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 4(4) (with ss. 2(2), 5(2))

C10 Rules excluded (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 4(2) (with rule 4(1))

Marginal Citations

M1 1986 c.45. Relevant amendments to section 413 have been made by paragraph 190 of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

M2 Section 411 and 412 confer on the Lord Chancellor the power to make rules in relation to insolvency in England and Wales with the concurrence of the Secretary of State and the Lord Chief Justice (in the case of rules that affect court procedure). The power to make rules in relation to corporate insolvency in Scotland is conferred on the Secretary of State and is exercisable by the Scottish Ministers. The provisions in the second group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) do not extend to Scotland. Relevant amendments to sections 411 and 412 are made by regulations 2 and 3 of S.I. 2002/1037; paragraphs 185, 188 and 189 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); paragraphs 1 and 8 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c.15); paragraph 44 of Schedule 4 to S.I. 2007/2194; and paragraph 79 of Schedule 1 to S.I. 2009/1941.