10.49.—(1) An application to the court under section 286 M1 for the appointment of the official receiver or an insolvency practitioner as interim receiver may be made by—
(a)a creditor;
(b)the debtor; [F1or]
(c)a temporary administrator; F2...
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The application must be supported by a witness statement stating—
(a)the grounds on which it is proposed that the interim receiver should be appointed;
(b)whether or not the official receiver has been informed of the application and, if so, whether a copy of it has been delivered to that person;
(c)if the proposed interim receiver is an insolvency practitioner, that the insolvency practitioner has consented to act;
(d)whether to the applicant's knowledge there has been proposed or is in force an IVA M2; and
(e)the applicant's estimate of the value of the property or business in relation to which the interim receiver is to be appointed;
[F3(f)a statement whether the proceedings will be [F4COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply] with the reasons for so stating.]
(3) The applicant must deliver copies of the application and the witness statement to the proposed interim receiver and to the official receiver.
(4) If for any reason it is not practicable to deliver a copy of the application to the proposed interim receiver that person must be informed of the application in sufficient time to be able to be present at the hearing.
(5) The official receiver may attend the hearing of the application and make representations.
(6) If satisfied that sufficient grounds are shown for the appointment, the court may appoint an interim receiver on such terms as it thinks just.
Textual Amendments
F1Word in rule 10.49(1)(b) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 94(a)(i) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Rule 10.49(1)(d) and word omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 94(a)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Rule 10.49(2)(f) inserted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 42(b) (with reg. 3)
F4Words in rule 10.49(2)(f) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 94(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1Section 286 is amended by paragraph 17 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c.24), paragraph 13 of Schedule 6 to the Deregulation Act 2015 (c.20) and paragraph 2 of Schedule 10 to the Small Business, Enterprise and Employment Act 2015 (c.26).
M2Part 8 is amended by paragraph 2 of Schedule 6 to the Deregulation Act 2015 (c.20), paragraphs 2 to 4 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c.24) and sections 124 and 15 and paragraphs 61 to 72 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).