PART 12COURT PROCEDURE AND PRACTICE
CHAPTER 6Transfer of proceedings
Sub-division B : Block transfer of cases where insolvency practitioner has died etc.
Application for a block transfer orderC1C212
1
An application for a block transfer order may be made to the registrar or District Judge for—
a
the transfer to the High Court of the cases specified in the schedule to the application under paragraph (8);
b
the transfer of the cases back to the court or hearing centre from which they were transferred when a replacement office-holder has been appointed;
c
the removal of the outgoing office-holder by the exercise of any of the powers in paragraph (2);
d
the appointment of a replacement office-holder by the exercise of any of the powers in paragraph (3); or
e
such other order or direction as may be necessary or expedient in connection with any of the matters referred to above.
2
The powers referred to in paragraph (1)(c) are those in—
F1za
section A39 (moratorium under Part A1 of the Act);
a
section 7(5) F3...;
b
section 19 M1, paragraph 88 of Schedule B1 and rule 12.36(2) (administration);
c
section 108 (voluntary winding up);
d
section 172(2) M2 and rule 12.36(2) (winding up by the court);
e
section 263(5) M3 (IVA); and
f
section 298 M4 and rule 12.36(2) (bankruptcy).
3
The powers referred to in paragraph (1)(d) are those in—
F2za
section A39 (moratorium under Part A1 of the Act);
a
section 7(5) F4...;
b
section 13 M5, paragraphs 63, 91 and 95 of Schedule B1 and rule 12.36(2) (administration);
c
section 108 (voluntary winding up);
d
section 168(3) and (5) and rule 12.36(2) (winding up by the court);
e
section 263(5) (IVA); and
f
sections 298 and 303(2) and rule 12.36(2) (bankruptcy).
4
Subject to paragraph (5), the application may be made by any of the following—
a
the outgoing office-holder (if able and willing to do so);
b
any person who holds office jointly with the outgoing office-holder;
c
any person who is proposed to be appointed as the replacement office-holder;
d
any creditor in a case subject to the application;
e
the recognised professional body which was the source of the outgoing office-holder's authorisation; or
f
the Secretary of State.
5
Where one or more outgoing office-holder in the schedule under paragraph (8) is an administrator, an application may not be made unless the applicant is a person permitted to apply to replace that office-holder under section 13 or paragraph 63, 91 or 95 of Schedule B1 or such a person is joined as applicant in relation to the replacement of that office-holder.
6
An applicant (other than the Secretary of State) must deliver a notice of the intended application to the Secretary of State on or before the date the application is made.
7
The following must be made a respondent to the application and served with it—
a
the outgoing office-holder (if not the applicant or deceased);
b
any person who holds office jointly with the outgoing office-holder; and
c
such other person as the registrar or District Judge directs.
8
The application must contain a schedule setting out—
a
identification details for the proceedings; and
b
the capacity in which the outgoing office-holder was appointed.
9
The application must be supported by evidence—
a
setting out the circumstances as a result of which it is expedient to appoint a replacement office-holder; and
b
exhibiting the consent to act of each person who is proposed to be appointed as replacement office-holder.
10
Where all the cases in the schedule under paragraph (8) are in the County Court—
a
the application may be made to a District Judge of a convenient hearing centre in which insolvency proceedings of such type may be commenced; and
b
this rule applies with appropriate modifications.