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

The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986(1) (“the Act”).

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 411 and 412(2) 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.

(1)

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).

(2)

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.