- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.11.—(1) Notices of decision procedures, and notices seeking deemed consent, must be delivered in accordance with the following table.
Proceedings | Decisions | Persons to whom notice must be delivered | Minimum notice required |
---|---|---|---|
[F1moratorium under Part A1 of the Act | decision of pre-moratorium creditors under section A11 and decision of creditors required by virtue of an order under section A44(3) | in the case of a decision under section A11 the pre-moratorium creditors, or, where the decision is required by virtue of an order under section A44(3), the creditors | 5 days] |
administration | decisions of creditors | the creditors who had claims against the company at the date when the company entered administration (except for those who have subsequently been paid in full) | 14 days |
administrative receivership | decisions of creditors | the creditors | 14 days |
creditors' voluntary winding up | decisions of creditors for appointment of liquidator (including any decision made at the same time on the liquidator's remuneration or the establishment of a liquidation committee) | the creditors | 14 days on conversion from members' voluntary liquidation, 7 days on conversion from member's voluntary liquidation where deemed consent has been objected to and in other cases, 3 business days |
creditors' voluntary winding up or a winding up by the court | decisions of creditors to consider whether a replacement should be appointed after a liquidator's resignation | the creditors | 28 days |
winding up by the court | decisions of creditors to consider whether to remove or replace the liquidator (other than after a liquidator's resignation) | the creditors and the official receiver | 14 days |
creditors' voluntary winding up or a winding up by the court | other decisions of creditors | the creditors | 14 days |
winding up by the court | decisions of contributories | every person appearing (by the company's records or otherwise) to be a contributory | 14 days |
proposed CVA | decisions of creditors | the creditors | F2... |
7 days for consideration of proposal where physical meeting requisitioned; | |||
in other cases, 14 days | |||
proposed IVA | decisions of creditors | the creditors | 14 days |
bankruptcy | decisions of creditors to consider whether a replacement should be appointed after the resignation of a trustee | the creditors and the official receiver | 28 days |
bankruptcy | decisions of creditors to consider removing the trustee | the creditors and the official receiver | 14 days |
bankruptcy | decisions of creditors on appointment of new trustee following removal of previous trustee (including any decision made at the same time on the establishment of a creditors' committee) | the creditors | 7 days |
bankruptcy | other decisions of creditors | the creditors | 14 days |
F3. . . | F3. . . | F3. . . | F3. . . |
(2) This rule does not apply where the court orders under rule 15.12 that notice of a decision procedure be given by advertisement only.
Textual Amendments
F1Words in rule 15.11(1) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 68 (with rules 4, 5)
F2Words in rule 15.11(1) table omitted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 2 para. 3 table (with rules 4, 5)
F3Words in rule 15.11(1) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 100 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Rules 15.2-15.15 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 115-123, Sch. (with rule 2(2))
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: