The Insolvency (England and Wales) Rules 2016

Commencement of insolvency proceedings under [F1 Part A1] to 7 of the Act (corporate insolvency proceedings) E+W

12.3.—(1) Where section 117 M1 of the Act, as extended in its application by section 251, gives jurisdiction to the County Court in respect of proceedings under [F1 Part A1] to 7 of the Act any such proceedings when they are commenced in the County Court may only be commenced in the 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 hearing centre for which Schedule 6 lists an alternative court or hearing centre then any such proceedings in the County Court may only be commenced in that alternative court or hearing centre.

Textual Amendments

F1 Words in rule 12.3 substituted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 1 paras. 2, 3 Table (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rule 12.3 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

C2 Rule 12.3 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

Marginal Citations

M1 Section 117 is amended by regulation 6 of S.I. 2002/1240; by paragraphs 185 and 186 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); and by paragraph 93(a) and 93(b) of Schedule 9 to the Crime and Courts Act 2013 (c.22). Section 117 only gives jurisdiction to the County Court in relation to winding up proceedings. In so far as rule 12.2 relates to corporate insolvency proceedings under Parts 1 to 7 other than winding up proceedings the rule relies on section 251 of the Act which defines “court” for the purposes of Parts 1 to 7 of the Act as meaning in relation to a company the court that has jurisdiction to wind up the company.