The Insolvency (England and Wales) Rules 2016

Introductory rule 2

SCHEDULE 1 E+W Revocations

The Insolvency Rules 1986	1986/1925
The Insolvency (Amendment) Rules 1987	1987/1919
The Insolvency (Amendment) Rules 1989	1989/397
The Insolvency (Amendment) Rules 1991	1991/495
The Insolvency (Amendment) Rules 1993	1993/602
The Insolvency (Amendment) Rules 1995	1995/586
The Insolvency (Amendment) Rules 1999	1999/359
The Insolvency (Amendment) (No. 2) Rules 1999	1999/1022
The Insolvency (Amendment) Rules 2001	2001/763
The Insolvency (Amendment) Rules 2002	2002/1307
The Insolvency (Amendment) (No. 2) Rules 2002	2002/2712
The Insolvency (Amendment) Rules 2003	2003/1730
The Insolvency (Amendment) Rules 2004	2004/584
The Insolvency (Amendment) (No. 2) Rules 2004	2004/1070
The Insolvency (Amendment) Rules 2005	2005/527
The Insolvency (Amendment) Rules 2006	2006/1272
The Insolvency (Amendment) Rules 2007	2007/1974
The Insolvency (Amendment) Rules 2008	2008/737
The Insolvency (Amendment) Rules 2009	2009/642
The Insolvency (Amendment No. 2) Rules 2009	2009/2472
The Insolvency (Amendment) Rules 2010	2010/686
The Insolvency (Amendment) (No. 2) Rules 2010	2010/734
The Insolvency (Amendment) Rules 2011	2011/785
The Insolvency (Amendment) Rules 2012	2012/469
The Insolvency (Amendment) Rules 2013	2013/2135
The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014	2014/817
The Insolvency (Amendment) Rules 2015	2015/443
The Insolvency (Amendment) Rules 2016	2016/187
The Insolvency (Amendment) (No. 2) Rules 2016	2016/903

Introductory rule 4

SCHEDULE 2 E+W Transitional and savings provisions

General E+W

1.  In this Schedule—

“the 1986 Rules” means the Insolvency Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 rule” followed by a rule number is a reference to a rule in the 1986 Rules; and

“the commencement date” means the date these Rules come into force.

Requirement for office-holder to provide information to creditors on opting out E+W

2.—(1) Rule 1.39, which requires an office-holder to provide information to a creditor on the right to opt out under rule 1.38 in the first communication to the creditor, does not apply to an office-holder who has delivered the first communication before the commencement date.

(2) However, such an office-holder may choose to deliver information on the right to opt out in which case the communication to the creditor must contain the information required by rule 1.39(2).

Electronic communication E+W

3.—(1) Rule 1.45(4) does not apply where the relevant proceedings commenced before the commencement date.

(2) In this paragraph “commenced” means—

(a) the delivery of a proposal for a voluntary arrangement to the intended nominee;

(b) the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(c) the making of an administration order;

(d) the appointment of an administrative receiver;

(e) the passing or deemed passing of a resolution to wind up a company;

(f) the making of a winding-up order; or

(g) the making of a bankruptcy order.

Statements of affairs E+W

4.—(1) The provisions of these Rules relating to statements of affairs in administration, administrative receivership, company winding up and bankruptcy do not apply and the following rules in the 1986 Rules continue to apply where relevant proceedings commenced before the commencement date and a person is required to provide a statement of affairs—

(a) 1986 rules 2.28 to 2.32 (administration);

(b) 1986 rules 3.3 to 3.8 (administrative receivership);

(c) 1986 rules 4.32 to 4.42 (company winding up); and

(d) 1986 rules 6.58 to 6.72 (bankruptcy).

(2) In this paragraph “commenced” means—

(a) the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(b) the making of an administration order;

(c) the appointment of an administrative receiver

(d) the passing or deemed passing of a resolution to wind up a company;

(e) the making of a winding-up order; or

(f) the making of a bankruptcy order.

Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence E+W

5.—(1) This paragraph applies where on or after the commencement date—

(a) a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;

(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c) a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors' meeting;

(d) a F1 ... meeting is required by [F2 sections 93 or 105] of the 1986 Act M1 in the winding up of a company where the resolution to wind up was passed before 6th April 2010.

(2) Where a meeting is to be held under sub-paragraph (1)(a) to (1)(d), Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a) the requirement to hold the meeting;

(b) notice and advertisement of the meeting;

(c) governance of the meeting;

(d) recording and taking minutes of the meeting;

(e) the report or return of the meeting;

(f) membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;

(g) the office-holder's resignation or removal at the meeting;

(h) the office-holder's release;

(i) fixing the office-holder's remuneration;

F3 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

(l) the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

(m) the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;

(n) claims that remuneration is or that other expenses are excessive; and

(o) complaints about exclusion at the meeting.

(3) Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 2.48, 4.63A or 6.88A, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.

(4) However, any application to the court in respect of such a meeting or vote is to be made in accordance with Part 12 of these Rules.

Textual Amendments

F1 Word in Sch. 2 para. 5(1)(d) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(a)

F2 Words in Sch. 2 para. 5(1)(d) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(b)

F3 Sch. 2 para. 5(2)(j) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 46

Marginal Citations

M1 1986 c.45. Article 12 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 S.I. 2010/18 saves section 104A of the Act in relation to companies where the resolution to wind up was passed before 6th April 2010.

Savings in respect of final meetings taking place on or after the commencement date E+W

6.—(1) This paragraph applies where—

(a) before the commencement date—

(i) a final report to creditors has been sent under 1986 rule 4.49D (final report to creditors in liquidation),

(ii) a final report to creditors and bankrupt has been sent under 1986 rule 6.78B (final report to creditors and bankrupt), or

(iii) a meeting has been called under [F4 sections 94, 106, 146 or 331] of the 1986 Act (final meeting F5 ...); and

(b) a meeting under section 94, 106, 146 or 331 of the 1986 Act is held on or after the commencement date.

(2) Where a meeting is held to which this paragraph applies, Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a) the requirement to hold the meeting;

(b) notice and advertisement of the meeting;

(c) governance of the meeting;

(d) recording and taking minutes of the meeting;

(e) the form and content of the final report;

(f) the office-holder's resignation or removal;

(g) the office-holder's release;

(h) fixing the office-holder's remuneration;

(i) requests for further information from creditors;

(j) claims that remuneration is or other expenses are excessive; and

(k) complaints about exclusion at the meeting.

(3) However, any application to the court in respect of such a meeting is to be made in accordance with Part 12 of these Rules.

Textual Amendments

F4 Words in Sch. 2 para. 6(1)(a)(iii) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 47(a)

F5 Words in Sch. 2 para. 6(1)(a)(iii) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 47(b)

Progress reports and statements to the registrar of companies E+W

7.—(1) Where an obligation to prepare a progress report arises before the commencement date but has not yet been fulfilled the following provisions of the 1986 Rules continue to apply—

(a) 1986 rule 2.47 (reports to creditors in administration;

(b) 1986 rules 4.49B and 4.49C (progress reports—winding up); and

(c) 1986 rule 6.78A (reports to creditors in bankruptcy).

(2) Where before the commencement date, a conversion notice under paragraph 83 of Schedule B1 was sent to the registrar of companies F6 ..., 1986 rule 2.117A(1) continues to apply F6 ....

(3) The provisions of these Rules relating to progress reporting do not apply—

(a) in the case of a bankruptcy, where the bankruptcy order was made on a petition presented before 6th April 2010; or

(b) in the case of a winding up, where the winding-up order was made on a petition presented before 6th April 2010.

(4) Where a voluntary winding up commenced before 6th April 2010, 1986 rule 4.223-CVL as it had effect immediately before that date, continues to apply.

[F7 (5) Where rules 18.6, 18.7 or 18.8 prescribe the periods for which progress reports must be made but before the commencement date an office-holder has ceased to act [F8 , or an administrator has sent a progress report to creditors in support of a request for their consent to an extension of the administration,] resulting in a change in reporting period under 1986 rule 2.47(3A), 2.47(3B) 4.49B(5), 4.49C(3), or 6.78A(4), the period for which reports must be made is the period for which reports were required to be made under the 1986 Rules immediately before the commencement date.]

Textual Amendments

F6 Words in Sch. 2 para. 7(2) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 48

F7 Sch. 2 para. 7(5) inserted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 49

F8 Words in Sch. 2 para. 7(5) inserted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(2)

Foreign currency E+W

8.—(1) Where, before the commencement date an amount stated in a foreign currency on an application, claim or proof of debt is converted into sterling by the office-holder under 1986 rule 2.86, 1986 rule 4.91, 1986 rule 5A.3 or 1986 rule 6.111, the office-holder and any successor to the office-holder must continue to use that exchange rate for subsequent conversions of that currency into sterling for the purpose of distributing any assets of the insolvent estate.

(2) However when an office-holder, convener, appointed person or chair uses an exchange rate to convert an application, claim or proof in a foreign currency into sterling solely for voting purposes before the commencement date, it does not prevent the office-holder from using an alternative rate for subsequent conversions.

CVA moratoria E+W

9.  Where, before the commencement date, the directors of a company submit to the nominee the documents required under paragraph 6(1) of Schedule A1, the 1986 Rules relating to moratoria continue to apply to that proposed voluntary arrangement.

Priority of expenses of voluntary arrangements E+W

10.  1986 rule 4.21A (expenses of CVA in a liquidation) and 1986 rule 6.46A (expenses of IVA in a bankruptcy) continue to apply where a winding up or bankruptcy petition is presented or a bankruptcy application is made (as the case may be) before the commencement date.

General powers of liquidator E+W

11.  1986 rule 4.184 (General powers of liquidator) continues to apply as regards a person dealing in good faith and for value with a liquidator and in respect of the power of the court or the liquidation committee to ratify anything done by the liquidator without permission before the amendments made to sections 165 and 167 of the Act by section 120(2) and (3) of the Small Business, Enterprise and Employment Act 2015 M2 (which removed the requirements for the liquidator to obtain such permission) came into force.

Marginal Citations

M2 2015 c.26.

Fast-track voluntary arrangements E+W

12.  Where a fast-track voluntary arrangement is in effect on the commencement date the following 1986 Rules continue to apply to it after the commencement date —

(a) 1986 rules 5.35 to 5.50 (fast-track voluntary arrangement);

(b) 1986 rules 5.57 to 5.59 (application by official receiver to annul a bankruptcy order under section 263D(3)); and

(c) 1986 rules 5.60 to 5.61 (other matters arising on annulments under sections 261(2)(a), 261(2)(b) or 263D(3)).

First trustee in bankruptcy E+W

13.  On the commencement date the official receiver becomes trustee of the bankrupt's estate where—

(a) a bankruptcy order was made before the commencement date; and

(b) no trustee has yet been appointed.

Applications before the court E+W

14.—(1)  [F9 Subject to paragraph (1A), where] an application to court is filed or a petition is presented under the Act or under the 1986 Rules before the commencement date and the court remains seised of that application or petition on the commencement date, the 1986 rules continue to apply to that application or petition.

[F10 (1A) Where the 1986 Rules apply by virtue of paragraph (1) they are to apply as though —

(a) in rules 7.47(2)(a)(ii), (b)(iii) and (c) and 13.2(3A)(a) for “a Registrar in Bankruptcy of the High Court” there were substituted “an Insolvency and Companies Court Judge”, and

(b) in rule 7.47(5), for the words “Registrar in Bankruptcy of the High Court” both times they appear there were substituted “Insolvency and Companies Court Judge.]

(2) For the purpose of paragraph (1), the court is no longer seised of an application when—

(a) it makes an order having the effect of determining of the application; or

(b) in relation to a petition for bankruptcy or winding up when—

(i) the court makes a bankruptcy order or a winding up order,

(ii) the court dismisses the petition, or

(iii) the petition is withdrawn.

(3) Any application to the court to review, rescind [F11 , vary] or appeal an order made under paragraph [F12 14(2)] is to be made in accordance with Part 12 of these Rules.

Textual Amendments

F9 Words in Sch. 2 para. 14(1) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(c)(i)

F10 Sch. 2 para. 14(1A) inserted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(c)(ii)

F11 Word in Sch. 2 para. 14(3) inserted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(3)

F12 Word in Sch. 2 para. 14(3) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(3)

Forms E+W

15.  A form contained in Schedule 4 to the 1986 Rules may be used on or after the commencement date if—

(a) the form is used to provide a statement of affairs pursuant to paragraph 4 of this Schedule;

(b) the form relates to a meeting held under the 1986 Rules as described in paragraph 5(1) of this Schedule;

(c) the form is required for the administration of a fast-track voluntary arrangement pursuant to paragraph 12 of this Schedule;

(d) the form is required because before the commencement date, the office-holder sought to obtain the passing of a resolution by correspondence; or

(e) the form relates to any application to the court or petition presented before the commencement date.

Registers E+W

16.—(1) The Secretary of State must maintain on the individual insolvency register, the bankruptcy restrictions register and the debt relief restrictions register information which is on the registers immediately before the commencement date.

(2) The Secretary of State must also enter on the appropriate register referred to in paragraph (1) information received (but not yet entered on the register) before the commencement date.

(3) The Court's power under Part 20 to order that information must not be entered in those registers where there is a risk of violence applies equally to information received by the Secretary of State before the commencement date but not yet entered on a register.

(4) Any obligation in Part 11 to delete information from a register or to rectify a register applies equally to information entered on the register before these rules come into force.

Administrations commenced before 15th September 2003 E+W

17.  The 1986 Rules continue to apply to administrations where the petition for an administration order was presented before 15th September 2003.

Set-off in insolvency proceedings commenced before 1st April 2005 E+W

18.  Where before 1st April 2005 a company has entered administration or gone into liquidation, the office-holder, when calculating any set-off must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005 E+W

19.  Where before 1st April 2005 a company has entered administration or gone into liquidation or a bankruptcy order has been made, the office-holder, when calculating the value of a future debt for the purpose of dividend (and no other purpose) must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005 E+W

20.  Rule 12.3 of the 1986 Rules applies, without the amendments made by rule 44 of the Insolvency (Amendment) Rules 2005 M3 to an obligation arising under an order made in family proceedings in any case where a bankruptcy order was made on or before 31 March 2005.

Marginal Citations

M3 S.I. 2005/527.

Insolvency practitioner [F13 fees and expenses] estimates E+W

21.—(1)  [F14 Rules 18.4(1)(e), 18.16(4) to (10), and 18.30 do not apply in a case where before 1st October 2015—]

(a) the appointment of an administrator took effect;

(b) a liquidator was nominated under section 100(2), or 139(3) of the Act;

(c) a liquidator was appointed under section 139(4) or 140 of the Act;

(d) a person was directed by the court or appointed to be a liquidator under section 100(3) of the Act;

(e) a liquidator was nominated or the administrator became the liquidator under paragraph 83(7) of Schedule B1 to the Act; or

(f) a trustee of a bankrupt's estate was appointed.

(2) Paragraphs (4) and (5) of rule 18.20 do not apply where an administrator was appointed before 1st October 2015 and—

(a) the company is wound up under paragraph 83 of Schedule B1 on or after the commencement date and the administrator becomes the liquidator; or

(b) a winding-up order is made upon the appointment of an administrator ceasing to have effect on or after the commencement date and the court under section 140(1) appoints as liquidator the person whose appointment as administrator has ceased to have effect.

Textual Amendments

F13 Words in Sch. 2 para. 21 heading substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(4)

F14 Words in Sch. 2 para. 21(1) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(5)

[F15 Transitional provision for companies entering administration before 6th April 2010 and moving to voluntary liquidation between 6th April 2010 and 8th December 2017 inclusive of those dates] E+W

[F16 22.   Where—

(a) a company goes into administration before 6th April 2010; and

(b) the company goes into voluntary liquidation under paragraph 83 of Schedule B1 between 6th April 2010 and 8th December 2017 inclusive of those dates;

the 1986 Rules as amended by the Insolvency (Amendment) Rules 2010( ) apply to the extent necessary to give effect to section 104A of the Act notwithstanding that by virtue of paragraph 1(6)(a) or (b) of Schedule 4 to the Insolvency (Amendment) Rules 2010 those amendments to the Insolvency Rules 1986 would otherwise not apply.]

Textual Amendments

F15 Sch. 2 para. 22 heading substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(6)

F16 Sch. 2 para. 22 substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(7)

Introductory rule 6

SCHEDULE 3 E+W Punishment of offences under these Rules

Rule creating offence	General nature of the offence	Mode of prosecution	Punishment	Daily default fine (if applicable)
1.56(3)	Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.	1. On indictment. 2. Summary.	2 years, or a fine, or both. 6 months, or a fine, or both.	Not applicable.
3.55(7)	Former administrator failing to file a notice of automatic end of administration and progress report.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
3.70(2)	Failing to comply with administrator's duties on vacating office.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
4.17(6)	Administrative receiver failing to deliver required accounts of receipts and payments.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.
6.14(13)	Directors failing to seek a decision on the nomination of a liquidator.	1. On indictment. 2. Summary.	1. A fine. 2. A fine.	Not applicable.
18.6(5)	Administrator failing to deliver required progress reports in accordance with rule 18.6.	Summary.	Level 3 on the standard scale.	One tenth of level 3 on the standard scale.

Rule 1.2(2)

SCHEDULE 4 E+W Service of documents

1.—(1) This Schedule sets out the requirements for service where a document is required to be served. E+W

(2) Service is to be carried out in accordance with Part 6 of the CPR M4 as that Part applies to either a “claim form” or a “document other than the claim form” except where this Schedule provides otherwise or the court otherwise approves or directs.

(3) However, where a document is required or permitted to be served at a company's registered office service may be effected at a previous registered office in accordance with section 87(2) of the Companies Act.

(4) In the case of an overseas company service may be effected in any manner provided for by section 1139(2) of the Companies Act.

(5) If for any reason it is impracticable to effect service as provided for in paragraphs (2) to (4) then service may be effected in such other manner as the court may approve or direct.

(6) The third column of the table below sets out which documents are treated as “claim forms” for the purposes of applying Part 6 of the CPR and which are “documents other than the claim form” (called in this Schedule “other documents”).

(7) The fourth column of the table sets out modifications to Part 6 of the CPR which apply to the service of documents listed in the first and second columns.

(8) Part 6 of the CPR applies to the service of documents outside the jurisdiction with such modifications as the court may approve or direct.

Modifications etc. (not altering text)

C1 Sch. 4 para. 1 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)

Marginal Citations

M4 Part 6 is amended by S.I.s 2000/221, 2005/2292, 2008/2178, 2009/2092, 2009/3131, 2009/3390, 2011/88, 2011/1979 and 2014/2948 and Official Journals No. L 351, 20.12.2012, p.1 and No. L 299, 16.11.2005, p.62.

Service of winding-up petitions E+W

2.—(1) A winding-up petition must be served at a company's registered office by handing it to a person at that address who—

(a) at the time of service acknowledges being a director, other officer or employee of the company;

(b) is, to the best of the knowledge and belief of the person serving the petition, a director, other officer or employee of the company; or

(c) acknowledges being authorised to accept service of documents on the company's behalf.

(2) However if there is no one of the kind mentioned in sub-paragraph (1) at the registered office, the petition may be served by depositing it at or about the registered office in such a way that it is likely to come to the notice of a person attending the office.

(3) Sub-paragraph (4) applies if—

(a) for any reason it is not practicable to serve a petition at a company's registered office;

(b) the company has no registered office; or

(c) the company is an unregistered company.

(4) Where this paragraph applies the petition may be served—

(a) by leaving it at the company's last known principal place of business in England and Wales in such a way that it is likely to come to the attention of a person attending there; or

(b) on the secretary or a director, manager or principal officer of the company, wherever that person may be found.

Service of administration application (paragraph 12 of Schedule B1) E+W

3.—(1) An application to the court for an administration order must be served by delivering the documents as follows—

(a) on the company at its registered office or if service at its registered office is not practicable at its last known principal place of business in England and Wales;

(b) on any other person at that person's proper address.

(2) A person's proper address is any which he has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person's usual or last known address.

(3) Paragraph (4) sets out the proper address for service for an authorised deposit-taker who—

(a) has appointed, or is or may be entitled to appoint, an administrative receiver of the company; or

(b) is, or may be, entitled to appoint an administrative receiver of the company under paragraph 14 of Schedule B1; and

(c) has not notified an address for service.

(4) The proper address for service is—

(a) that of an office of the authorised-deposit taker where the applicant knows the company maintains a bank account; or

(b) where the applicant doesn't know of any such office, the registered office; or

(c) if there is no such registered office the usual or last known address.

Service on joint office-holders E+W

4.  Service of a document on one of joint office-holders is to be treated as service on all of them.

Modifications etc. (not altering text)

C2 Sch. 4 para. 4 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)

Service of orders staying proceedings E+W

5.—(1) This paragraph applies where the court makes an order staying an action, execution or other legal process against—

(a) the property of a company; or

(b) the property or person of an individual debtor or bankrupt.

(2) The order may be served within the jurisdiction by serving a sealed copy at the address for service of—

(a) the claimant; or

(b) another party having the carriage of the proceedings to be stayed.

Modifications etc. (not altering text)

C3 Sch. 4 para. 5 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)

Certificate of service E+W

6.—(1) The service of an application or petition must be verified by a certificate of service.

(2) The certificate of service must—

(a) identify the application or petition;

(b) identify the company, where the application or petition relates to a company;

(c) identify the debtor, where the application relates to an individual;

(d) identify the applicant or petitioner;

(e) specify—

(i) the court or hearing centre in which the application was made or at which the petition was filed, and the court reference number,

(ii) the date of the application or petition,

(iii) whether the copy served was a sealed copy,

(iv) the person(s) served, and

(v) the manner of service and the date of service; and

(f) be verified by a statement of truth.

[F17 (3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.]

Textual Amendments

F17 Sch. 4 para. 6(3) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 14

Modifications etc. (not altering text)

C4 Sch. 4 para. 6 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)

Table of requirements for service E+W

Rule (or section)	Document	Whether treated as claim form or other document	Modifications to Part 6 of the CPR which apply unless the court directs otherwise
3.8	Administration application	Claim form	Service in accordance with paragraph 3 of this Schedule. The applicant must serve the application.
3.16 (& Para 15 of Sch B1)	Notice of intention to appoint administrator by a floating charge holder	[F18 Other document]	The appointer must serve the notice.
3.23 (& para 26 of Sch B1) M5	Notice of intention to appoint administrator by company or directors	[F19 Other document]	Service on the company at its registered office or if that is not practicable, at its last known principal place of business in England and Wales.
7.3	Statutory demand on a company under section 123(1) or 222(1)(a) (unregistered companies)		[Note: the requirements for service of a statutory demand are set out in sections 123(1) and 222(1)(a) respectively.]
7.9 and 7.29	Winding-up petition	Claim form	Service in accordance with paragraph 2 of this Schedule. The petitioner must serve the petition.
7.34	Court order for additional deposit to be paid – provisional liquidator	Other document
7.99	Court order to enforce payment of a call	Other document
7.102	Court order for public examination served on examinee	Other document
10.2	Statutory demand (bankruptcy)	Other document	Service in accordance with rule 10.2.
10.14	Bankruptcy petition (creditor's)	Claim form	Personal service. The petitioner must serve the petition.
10.29	Court order – change of carriage of petition	Other document
10.50	Court order for additional deposit to be paid – interim receiver	Other document
10.99	Court order for public examination served on bankrupt	Other document
10.119	Court order for disclosure by HMRC	Other document
10.126	Notice to recipient of after acquired property	Other document
10.166	Court order for post redirection	Other document
11.3	Application for debt relief restrictions order (DRRO) or bankruptcy restrictions order (BRO)	Claim form	The applicant must serve the application.
11.4	Service of evidence for DRRO or BRO	Other document
12.9	Applications to court generally (where service required)	Claim form	The applicant must serve the application.
12.19	Court order for private examination	Other document	Personal service. The applicant must serve the order.
12.28(2)	Witness statement of evidence	Other document
12.37(7)	Application for block transfer order	Claim form	The applicant must serve the application.
12.42	Notice requiring person to assess costs by detailed assessment	Other document
12.48	Application for costs	Claim form	The applicant must serve the application.
19.4 (& sections 179 and 317)	Notice of disclaimer (leasehold property)	Other document
19.5 (& section 318)	Notice of disclaimer (dwelling house)	Other document
F20 . . .	F20 . . .	F20 . . .	F20 . . .
Paragraph 5(1) of this Schedule	Order staying proceedings	Other document	The applicant must serve the order.

Textual Amendments

F18 Words in Sch. 4 para. 6 table substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 50

F19 Words in Sch. 4 para. 6 table substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 50

F20 Words in Sch. 4 para. 6 table omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 107 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M5 Paragraph 26 subparagraph (2) is amended by paragraph 6 of Schedule 6 to the Deregulation Act 2015 (c.20).

Rule 1.3

SCHEDULE 5 E+W Calculation of time periods

[Note: section 376 of the Act contains a power for the court to extend the time for doing anything required by the Act or these Rules under the Second Group of Parts (Insolvency of Individuals; bankruptcy).]

1.  The rules in CPR 2.8 M6 with the exception of paragraph (4) apply for the calculation of periods expressed in days in the Act and these Rules. E+W

Marginal Citations

M6 Rule 2.8 is amended by S.I. 2009/3390.

2.—(1) This paragraph applies for the calculation of periods expressed in months. E+W

(2) The beginning and the end of a period expressed in months is to be determined as follows—

(a) if the beginning of the period is specified—

(i) the month in which the period ends is the specified number of months after the month in which it begins, and

(ii) the date in the month on which the period ends is—

[F21 (aa) the day before the date corresponding to the date in the month on which it begins, or]

(bb) if there is no such date in the month in which it ends, the last day of that month;

(b) if the end of the period is specified—

(i) the month in which the period begins is the specified number of months before the month in which it ends, and

(ii) the date in the month on which the period begins is—

[F22 (aa) the day after the date corresponding to the date in the month on which it ends, or]

(bb) if there is no such date in the month in which it begins, the last day of that month.

Textual Amendments

F21 Sch. 5 para. 2(2)(a)(ii)(aa) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 51(a)

F22 Sch. 5 para. 2(2)(b)(ii)(aa) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 51(b)

3.  The provisions of CPR rule 3.1(2)(a) M7 (the court's general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules. E+W

Marginal Citations

M7 Rules 3.1 to 3.11 are moved to a new heading by S.I. 2013/262.

4.  Paragraph 3 is subject to any time limits expressly stated in the Act and to any specific powers in the Act or these Rules to extend or shorten the time for compliance. E+W

Rule 9.22

SCHEDULE 6 E+W Insolvency jurisdiction of county court hearing centres

Modifications etc. (not altering text)

C5 Sch. 6 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)

E+W

[Note: where the entry “London Insolvency District” appears in this table, jurisdiction under Parts 1 to 7 of the Act is conferred on the High Court as a result of article 6B of the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724) which was inserted by the High Court and County Courts Jurisdiction (Amendment) Order 2014 (S.I. 2014/821).]

Name of county court hearing centre	Parts of the Insolvency Act under which proceedings may be commenced at a county court hearing centre or the alternative court or county court hearing centre where proceedings may be commenced	Nearest full time court or hearing centre
Aberystwyth	Parts 1 to 11	Cardiff
Aldershot & Farnham	Guildford
Banbury	Parts 1 to 11	Luton, Gloucester or Reading
Barnet	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Barnsley	Parts 1 to 11	Sheffield
Barnstaple	Parts 1 to 11	Exeter
Barrow-in-Furness	Parts 1 to 11	Blackpool or Preston
Basildon	Southend-on-Sea
Basingstoke	Reading
Bath	Parts 1 to 11	Bristol
Bedford	Parts 1 to 11	Luton
Birkenhead	Parts 1 to 11
Birmingham	Parts 1 to 11
Blackburn	Parts 1 to 11	Preston
Blackpool	Parts 1 to 11
Blackwood	Parts 1 to 11	Cardiff
Bodmin	Truro
Bolton	Parts 1 to 11
Boston	Parts 1 to 11	Nottingham
Bournemouth and Poole	Parts 1 to 11
Bow	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Bradford	Parts 1 to 11
Brentford	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Brighton	Parts 1 to 11
Bristol	Parts 1 to 11
Bromley	Croydon
Burnley	Parts 1 to 11	Bolton or Preston
Bury	Parts 1 to 11	Bolton
Bury St. Edmunds	Parts 1 to 11	Cambridge
Caernarfon	Parts 1 to 11
Cambridge	Parts 1 to 11
Canterbury	Parts 1 to 11	Croydon or the High Court (London)
Cardiff	Parts 1 to 11
Carlisle	Parts 1 to 11	Preston or Blackpool
Carmarthen	Parts 1 to 11	Cardiff
County Court at Central London	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Chelmsford	Parts 1 to 11	Southend or the High Court (London)
Chester	Parts 1 to 11
Chesterfield	Parts 1 to 11	Sheffield
Chichester	Brighton
Chippenham and Trowbridge	Bath
Clerkenwell and Shoreditch	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Colchester	Parts 1 to 11	Southend or the High Court (London)
Conwy and Colwyn	Caernarfon
Coventry	Parts 1 to 11	Birmingham
Crewe	Parts 1 to 11	Stoke or Chester
Croydon	Parts 1 to 11
Darlington	Parts 1 to 11	Middlesbrough
Dartford	Medway
Derby	Parts 1 to 11
Doncaster	Parts 1 to 11	Sheffield
Dudley	Parts 1 to 11	Birmingham
Durham	Parts 1 to 11	Newcastle
Eastbourne	Parts 1 to 11	Brighton
Edmonton	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Exeter	Parts 1 to 11
Gateshead	Newcastle upon Tyne
Gloucester and Cheltenham	Parts 1 to 11
Great Grimsby	Parts 1 to 11	Hull
Guildford	Parts 1 to 11	Croydon
Halifax	Parts 1 to 11	Leeds
Harrogate	Parts 1 to 11	Leeds
Hartlepool	Middlesbrough
Hastings	Parts 1 to 11	Brighton
Haverfordwest	Parts 1 to 11	Cardiff
Hereford	Parts 1 to 11	Gloucester
Hertford	Parts 1 to 11	Luton
High Wycombe	Aylesbury
Horsham	Brighton
Huddersfield	Parts 1 to 11	Leeds
Ipswich	Parts 1 to 11	Norwich or Southend
Kendal	Parts 1 to 11	Blackpool or Preston
Kettering	Northampton
Kings Lynn	Norwich or Peterborough
Kingston-upon-Hull	Parts 1 to 11
Kingston-upon-Thames	Parts 1 to 11
Lambeth	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Lancaster	Parts 1 to 11	Blackpool or Preston
Leeds	Parts 1 to 11
Leicester	Parts 1 to 11
Lewes	Brighton
Lincoln	Parts 1 to 11	Nottingham
Liverpool	Parts 1 to 11
Llanelli	Swansea
Llangefni	Parts 1 to 11
Luton	Parts 1 to 11
Maidstone	Parts 1 to 11	Croydon or the High Court (London)
Manchester	Parts 1 to 11
Mansfield	Nottingham
Mayor's and City of London	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Medway	Canterbury	Croydon or the High Court (London)
Merthyr Tydfil	Parts 1 to 11	Cardiff
Middlesbrough	Parts 1 to 11
Milton Keynes	Parts 1 to 11	Luton
Mold	Wrexham	Wrexham
Newcastle upon Tyne	Parts 1 to 11
Newport (Gwent)	Parts 1 to 11	Cardiff
Newport (Isle of Wight)	Parts 1 to 11	Southampton or Portsmouth
Northampton	Parts 1 to 11	Luton
North Shields	Newcastle upon Tyne
Norwich	Parts 1 to 11
Nottingham	Parts 1 to 11
Nuneaton	Coventry
Oldham	Parts 1 to 11
Oxford	Parts 1 to 11	Reading
Peterborough	Parts 1 to 11	Cambridge
Plymouth	Parts 1 to 11
Pontypridd	Parts 1 to 11	Cardiff
Portsmouth	Parts 1 to 11
Port Talbot	Parts 1 to 11
Prestatyn	Parts 1 to 11
Preston	Parts 1 to 11
Reading	Parts 1 to 11
Reigate	Guildford
Rhyl	Parts 1 to 11	Birkenhead or Chester
Romford	Parts 1 to 11
Salisbury	Parts 1 to 11	Bournemouth or Southampton
Scarborough	Parts 1 to 11	York, Hull or Middlesbrough
Scunthorpe	Parts 1 to 11	Hull or Sheffield
Sheffield	Parts 1 to 11
Skipton	Bradford
Slough	Parts 1 to 11
Southampton	Parts 1 to 11
Southend-on-Sea	Parts 1 to 11
South Shields	Newcastle upon Tyne
Stafford	Parts 1 to 11	Stoke
Staines	Guildford
St Albans	Parts 1 to 11	Luton
St Helens	Liverpool
Stockport	Parts 1 to 11	Manchester
Stoke-on-Trent	Parts 1 to 11
Sunderland	Parts 1 to 11	Newcastle
Swansea	Parts 1 to 11	Cardiff
Swindon	Parts 1 to 11	Gloucester or Reading
Taunton	Parts 1 to 11	Exeter or Bristol
Telford	Parts 1 to 11
Thanet	Canterbury
Torquay & Newton Abbot	Parts 1 to 11	Exeter
Truro	Parts 1 to 11	Plymouth
Tunbridge Wells	Parts 1 to 11	Croydon
Uxbridge	The County Court at Central London
Wakefield	Parts 1 to 11	Leeds
Walsall	Parts 1 to 11
Wandsworth	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Warwick	Parts 1 to 11	Birmingham
Watford	Luton
Welshpool & Newton	Parts 1 to 11	Stoke or Chester
West Cumbria	Parts 1 to 11
Weston Super Mare	Bristol
Weymouth	Bournemouth	Bournemouth
Wigan	Parts 1 to 11	Bolton, Manchester or Preston
Willesden	London Insolvency District - High Court for Parts 1 to 7 (see head note); County Court at Central London for Parts 7A to 11
Winchester	Parts 1 to 11	Southampton
Wolverhampton	Parts 1 to 11
Woolwich	Croydon
Worcester	Parts 1 to 11	Gloucester
Worthing	Brighton
Wrexham	Parts 1 to 11	Birkenhead, Stoke or Chester
Yeovil	Parts 1 to 11	Exeter or Bristol
York	Parts 1 to 11

Rule 10.35

SCHEDULE 7 E+W Information to be provided in the bankruptcy application

PART 1 E+W

Debtor's personal information E+W

1.  Debtor's title. E+W

2.  Debtor's identification details. E+W

3.  Any previous name or other names by which the debtor is known or has been known during the last five years immediately before the date of the bankruptcy application. E+W

PART 2 E+W

Additional personal information E+W

4.  Debtor's contact telephone number. E+W

5.  Debtor's email address (if any). E+W

6.  Debtor's date of birth. E+W

7.  Debtor's National Insurance number. E+W

8.  Debtor's gender. E+W

9.  Any previous address at which the debtor has resided during the three years immediately before the date of the bankruptcy application. E+W

10.  Whether the debtor is— E+W

(a) single;

(b) married;

(c) divorced;

(d) co-habiting;

(e) separated;

(f) widowed;

(g) a civil partner;

(h) a former civil partner; or

(i) a surviving civil partner.

11.  All occupants of the debtor's household and in relation to each person— E+W

(a) name;

(b) age;

(c) relationship to the debtor; and

(d) whether or not that person is dependent on the debtor.

12.  Any other person dependent on the debtor and in relation to each person— E+W

(a) name;

(b) age;

(c) postal address; and

(d) reason for that person's dependency on the debtor.

Occupation and employment details E+W

13.  Debtor's occupation (if any). E+W

14.  Debtor's employment status. E+W

15.  Where the debtor is employed— E+W

(a) date when the debtor commenced the employment; and

(b) name and address of the employer.

16.  Where the debtor is unemployed— E+W

(a) date when the debtor was last employed;

(b) date when the debtor commenced the employment; and

(c) name and address of the last employer.

17.  Where the debtor has worked for any previous employers during the 12 months immediately before the date of the bankruptcy application— E+W

(a) dates of that employment; and

(b) name and address of those employers.

18.  Where the debtor is, or has been, self-employed other than as a partner in a partnership, during the three years preceding the date of the bankruptcy application, in respect of each business— E+W

(a) date when the business commenced trading;

(b) name and trading address of the business;

(c) name or names, other than the debtor's name, in which the debtor carried on business;

(d) nature of the business;

(e) trading address or addresses of the business and any address or addresses at which the debtor has carried on business during the period in which any of the debtor's bankruptcy debts were incurred; and

(f) the date the business ceased trading, if applicable.

19.  Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership— E+W

(a) date the partnership commenced;

(b) name and trading address of the partnership;

(c) trading address or addresses of the partnership and any address or addresses at which the partnership has carried on business during or after the time when any of the debtor's bankruptcy debts were incurred; and

(d) date the partnership ceased, if applicable.

20.  Where the debtor is, or has been, a director or involved in the management of a company during the 12 months immediately preceding the date of the bankruptcy application— E+W

(a) name and contact details for each company; and

(b) in the case of any company mentioned in accordance with sub paragraph (a) that is subject to any insolvency proceedings, the office-holder and contact details for that office-holder.

Creditors E+W

21.  In respect of each creditor— E+W

(a) name and address;

(b) account number or reference (if known);

(c) date the debt was incurred;

(d) the amount the creditor claims the debtor owes the creditor; and

(e) where the debt is secured, the property of the debtor which is claimed by the creditor to clear or reduce the creditor's debt.

22.  Where the debtor has an interest in a property, in relation to each property, its address. E+W

Legal proceedings E+W

23.  Where the debtor is, or has been in the five years immediately preceding the date of the bankruptcy application, involved in proceedings for divorce, separation or the dissolution of a civil partnership— E+W

(a) identity of the proceedings;

(b) nature of the proceedings; and

(c) date and details of any resolution of those proceedings and any agreed settlement, whether formal or informal, and any gifts or transfers of property that occurred in, or as a result, of those proceedings.

24.  Where the debtor is involved in proceedings, other than proceedings for divorce, separation or the dissolution of a civil partnership— E+W

(a) identity of the proceedings;

(b) nature of the proceedings; and

(c) date and details of any interim settlement, whether formal or informal, and any interim orders.

Assets and liabilities E+W

25.  Total value of assets. E+W

26.  Total value of liabilities. E+W

27.  Debtor's net monthly income from all sources. E+W

28.  Debtor's monthly surplus income calculated by reference to paragraphs 23 to 30 of Schedule 8 (additional information to be provided in the bankruptcy application). E+W

Rule 10.35

SCHEDULE 8 E+W Additional information to be provided in the bankruptcy application

Disposal of assets E+W

1.  Where in the five years preceding the date on which the bankruptcy application is made the debtor has entered into a transaction at an undervalue within the meaning of section 339(1), given a preference within the meaning of section 340(2), has rights or excluded rights under section 342A(3) of the Act or placed an asset into a trust for the benefit of any person, including the surrender of life, endowment and pension policies, in respect of each asset— E+W

(a) description of the asset;

(b) date the debtor gave away, transferred or sold the asset;

(c) consideration given, if any;

(d) name and address of the person to whom the debtor sold, transferred or gave away the asset;

(e) relationship of that person to the debtor;

(f) if relevant, name of the trustees and beneficiaries or class of beneficiaries;

(g) estimated market value of the asset at the date of the bankruptcy application;

(h) net proceeds (if any) (less any charges and legal fees).

2.  Where in the five years preceding the date on which the bankruptcy application is made the debtor has disposed of or sold any property at market value or disposed of, sold at market value or realised any life, endowment and pension policies in respect of each asset— E+W

(a) description of the asset;

(b) date the debtor disposed of, sold at market value or realised the asset; and

(c) net proceeds (if any) (less any charges and legal fees).

Financial arrangements with creditors E+W

3.  Where the debtor has been made bankrupt in the two years immediately preceding the date of the bankruptcy application— E+W

(a) date of the bankruptcy order; and

(b) reference allocated by the official receiver.

4.  Where the debtor has entered into a debt relief order in the two years immediately preceding the date of the bankruptcy application— E+W

(a) date of the debt relief order; and

(b) reference allocated by the official receiver.

5.  Where the debtor has, or has had, an IVA in the two years immediately preceding the date of the bankruptcy application, the date of the arrangement. E+W

6.  Where the debtor has, or has had, an arrangement in force with creditors, other than an IVA in the two years immediately preceding the date of the bankruptcy application, the date and nature of the arrangement. E+W

Legal and financial advisers E+W

7.  Where a solicitor has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each solicitor— E+W

(a) name, address and reference of the solicitor; and

(b) nature and date of the transaction or transactions on which the solicitor advised or acted.

8.  Where an accountant, book keeper or other financial adviser has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each accountant, book keeper and financial adviser— E+W

(a) name, address and reference; and

(b) dates of acting for the debtor.

Business affairs of a self-employed debtor E+W

9.  Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership— E+W

(a) names and addresses of each of the partners;

(b) name or names, other than the partners' names, in which the partnership carried on business; and

(c) the nature of the partnership business.

10.  Where the debtor is or has been self-employed (other than as a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application— E+W

(a) Value Added Tax number, where the business was registered for Value Added Tax;

(b) address where the debtor's books of account and other accounting records are kept; and

(c) where the debtor holds records on a computer, details of which records are held, what software is used (including any passwords) and where the computer is located.

11.  Where the debtor is or has been self-employed (including a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application— E+W

(a) name and address of any person employed by the debtor immediately preceding the bankruptcy application; and

(b) whether—

(i) the debtor owes any employee or former employee any money, and

(ii) any employee or former employee has or may claim that the debtor owes that person some money.

Financial affairs – assets E+W

12.  The nature and value of each asset belonging to the debtor. E+W

13.  Where any asset is owned jointly with another person— E+W

(a) name and address of that joint owner; and

(b) relationship of that person to the debtor.

14.  Where any asset is subject to the rights of any person (other than a joint owner), whether as a secured creditor of the debtor or otherwise, in respect of each asset— E+W

(a) nature of third party rights;

(b) account number or reference of that creditor or creditors; and

(c) amount each creditor claims is owed to them.

15.  Where the debtor holds or has held in the last two years any bank, building society, credit union or national savings account including any joint, business or dormant accounts, in respect of each account— E+W

(a) name, address and sort code of the bank or supplier;

(b) account number; and

(c) whether or not the debtor's regular income is paid into the account.

16.  Where the debtor owns a motor vehicle or has disposed of any vehicle during the 12 months immediately preceding the date of the bankruptcy application, in respect of each motor vehicle— E+W

(a) make and model;

(b) registration number;

(c) what the motor vehicle is [F23 or was] used for by the debtor

(d) save where the motor vehicle has been disposed of, the location of the motor vehicle; and

(e) where the motor vehicle has been disposed of, the date of disposal and any proceeds from that disposal.

Textual Amendments

F23 Words in Sch. 8 para. 16(c) inserted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 52

17.  Where the debtor regularly uses a motor vehicle that the debtor does not own, in respect of each motor vehicle— E+W

(a) make and model;

(b) registration number;

(c) name and address of the owner; and

(d) debtor's relationship to the vehicle's owner.

18.  Where the debtor owns any property consisting of land or buildings, in respect of each property— E+W

(a) type of and description of the property;

(b) who lives at the property and their relationship to the debtor;

(c) any income received by the debtor from the property; and

(d) nature of the insurance policy currently in force in relation to the property and the expiry date of that insurance policy.

19.  Where the debtor rents or leases a property, in respect of each property— E+W

(a) who lives at the property and their relationship to the debtor;

(b) monthly rent;

(c) name and address of the landlord and any managing agent.

20.  Where the debtor has an interest in any other property, in respect of each property— E+W

(a) nature of the interest;

(b) type of and description of the property;

(c) who lives at the property and their relationship to the debtor;

(d) name and address of the person who permits the debtor to use the property;

(e) amount paid by the debtor to the person who permits the debtor to use the property;

(f) any income received by the debtor from the property; and

(g) whether or not there is a written agreement.

21.  Where the debtor resides at a property in which the debtor has no interest, the basis on which the debtor resides at that property. E+W

22.  Where the debtor has or has held within the five years immediately before the date of the bankruptcy application any occupational pension, personal pension, endowment or other life policy in relation to each policy— E+W

(a) type of policy;

(b) name and address of the pension, endowment or life assurance company or broker;

(c) policy number;

(d) approximate date when the policy was taken out;

(e) estimated value of policy;

(f) amount (if any) being received now by the debtor and the frequency of those payments; and

(g) name of the beneficiary or beneficiaries of the policy.

Financial affairs – income and expenditure E+W

23.  Debtor's total annual income from all sources, the sources of that income and the amount from each source. E+W

24.  Total annual household income from all sources, the sources of that income and the amount from each source. E+W

25.  Current (or last) income tax reference number. E+W

26.  Monthly national insurance. E+W

27.  Mean monthly tax. E+W

28.  Where the debtor has any current attachment of earnings orders in force, in respect of each attachment of earnings order— E+W

(a) name of creditor;

(b) name of the court that made the attachment of earnings order.

29.  Particulars of the debtor's mean monthly expenditure which the debtor claims is necessary to meet the monthly reasonable domestic needs of the debtor's family, including the objective and the amount of that expenditure. E+W

30.  Particulars of the debtor's monthly expenditure not otherwise provided under this Schedule. E+W

Enforcement officers and enforcement agents E+W

31.  Where an enforcement officer or enforcement agent has visited the debtor in the last six months— E+W

(a) name of the creditor by whom the relevant debt is claimed;

(b) date of initial visit;

(c) description and estimated value of property seized.

Cause of insolvency E+W

32.  Why the debt was incurred. E+W

33.  Date when the debtor first experienced difficulty in paying some or all of the debtor's debts. E+W

34.  Reasons for the debtor not having enough money to pay some or all of the debtor's debts. E+W

35.  Where the debtor has gambled any money through betting or gambling during the last two years, how much the debtor has gambled. E+W

Rule 10.47

SCHEDULE 9 E+W Information to be given to creditors

1.  Title of the debtor. E+W

2.  Debtor's identification details. E+W

3.  Any previous name or other names by which the debtor is known or has been known during the last five years immediately before the date of the bankruptcy application. E+W

4.  Any previous address at which the debtor has resided at during the three years immediately before the date of the bankruptcy application. E+W

5.  Name and address for each creditor. E+W

6.  Amount each creditor claims is due. E+W

7.  Debtor's occupation (if any). E+W

8.  Debtor's employment status. E+W

9.  Where the debtor is, or has been, self-employed other than as a partner in a partnership, during the three years preceding the date of the bankruptcy application, in respect of each business— E+W

(a) name and trading address of the business;

(b) name or names, other than the debtor's name, in which the debtor carried on business;

(c) nature of the business;

(d) trading address or addresses of the business and any address or addresses at which the debtor has carried on business during the period in which any of the debtor's bankruptcy debts were incurred; and

(e) where the business has ceased trading, the date when the business ceased trading.

10.  Total value of assets. E+W

11.  Total value of liabilities. E+W

12.  Where in the five years preceding the date of the bankruptcy application the debtor has given away, placed into a trust for the benefit of any person, given a preference within the meaning of section 340 of the Act, has rights or excluded rights under section 342A of the Act or has transferred or sold for less than its true value any assets that the debtor owned, either alone or jointly, including the surrender of life, endowment and pension policies in relation to each asset— E+W

(a) description of the asset;

(b) date the debtor gave away, transferred or sold the asset;

(c) relationship of that person to the debtor;

(d) estimated market value or true value of the asset at the date of the bankruptcy application;

(e) value at which the asset was given away, transferred or sold; and

(f) net proceeds (if any) (less any charges and legal fees).

13.  Where any asset is owned jointly with another person, the nature of the asset. E+W

14.  Where any asset is subject to the rights of any person (other than a joint owner), whether as a secured creditor of the debtor or otherwise, in respect of each asset, the nature of third party rights. E+W

15.  Where the debtor owns a motor vehicle or has disposed of any vehicle during the 12 months immediately preceding the date of the bankruptcy application, in respect of each motor vehicle— E+W

(a) make, model and year of manufacture;

(b) what the motor vehicle is [F24 or was] used for by the debtor;

(c) save where the motor vehicle has been disposed of, the location of the motor vehicle;

(d) where the motor vehicle has been disposed of, the date of disposal and any proceeds from that disposal.

Textual Amendments

F24 Words in Sch. 9 para. 15(b) inserted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 53

16.  Where the debtor regularly uses a motor vehicle that the debtor does not own, [F25 in relation to] each motor vehicle— E+W

(a) make and model; and

(b) debtor's relationship to the vehicle's owner.

Textual Amendments

F25 Words in Sch. 9 para. 16 substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 54

17.  Where the debtor owns or has an interest in any property, [F26 in respect of] each property— E+W

(a) address;

(b) type of and description of the property;

(c) nature of the interest

(d) value of that interest; and

(e) any income received by the debtor from the property.

Textual Amendments

F26 Words in Sch. 9 para. 17 substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 55

18.  Where the debtor holds or has held within the five years immediately before the date of the bankruptcy application any occupational pension, personal pension, endowment or other life policy [F27 in respect of] each policy— E+W

(a) type of policy;

(b) approximate date when the policy was taken out; and

(c) estimated value of policy.

Textual Amendments

F27 Words in Sch. 9 para. 18 substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 55

19.  Debtor's net monthly income from all sources. E+W

20.  Debtor's monthly surplus income after taking into account any contribution made by a member of the debtor's family to the amount necessary for the reasonable domestic needs of the debtor and the debtor's family. E+W

21.  Current (or last) income tax reference number. E+W

22.   [F28 In respect of] each creditor—

(a) name and address;

(b) date the debt was incurred;

(c) the amount the creditor claims the debtor owes the creditor;

(d) where the debt is secured, the property of the debtor which is claimed by the creditor to clear of reduce the creditor's debt.

Textual Amendments

F28 Words in Sch. 9 para. 22 substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 55

Rule 12.59

SCHEDULE 10 E+W Destination of appeals from decisions of District Judges in corporate insolvency matters

Modifications etc. (not altering text)

C6 Sch. 10 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.41(3) (with rule 1.2)

C7 Sch. 10 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)

Country court hearing centre	Destination of Appeal
Aberystwyth	Cardiff or Caernarfon District Registry
Banbury	Birmingham District Registry
Barnsley	Leeds District Registry
Barnstaple	Bristol District Registry
Barrow-in-Furness	Liverpool District Registry or Manchester District Registry
Bath	Bristol District Registry
Bedford	Birmingham District Registry
Birkenhead	Liverpool District Registry or Manchester District Registry
Birmingham	Birmingham District Registry
Blackburn	Liverpool District Registry or Manchester District Registry
Blackpool	Liverpool District Registry or Manchester District Registry
Blackwood	Cardiff District Registry
Bolton	Liverpool District Registry or Manchester District Registry
Boston	Birmingham District Registry
Bournemouth and Poole	Registrar in Bankruptcy
Bradford	Leeds District Registry
Brighton	Registrar in Bankruptcy
Bristol	Bristol District Registry
Burnley	Liverpool District Registry or Manchester District Registry
Bury	Liverpool District Registry or Manchester District Registry
Bury St. Edmunds	Registrar in Bankruptcy
Caernarfon	Cardiff District Registry
Cambridge	Registrar in Bankruptcy
Canterbury	Registrar in Bankruptcy
Cardiff	Cardiff District Registry
Carlisle	Liverpool District Registry or Manchester District Registry
Caernarfon	Cardiff District Registry or Caernarfon District Registry
County Court at Central London	Registrar in Bankruptcy
Chelmsford	Registrar in Bankruptcy
Chester	Liverpool District Registry or Manchester District Registry
Chesterfield	Leeds District Registry
Colchester	Registrar in Bankruptcy
Coventry	Birmingham District Registry
Crewe	Liverpool District Registry or Manchester District Registry
Croydon	Registrar in Bankruptcy
Darlington	Newcastle District Registry
Derby	Birmingham District Registry
Doncaster	Leeds District Registry
Dudley	Birmingham District Registry
Durham	Leeds District Registry or Newcastle District Registry
Eastbourne	Registrar in Bankruptcy
Exeter	Bristol District Registry
Gloucester and Cheltenham	Bristol District Registry
Great Grimsby	Leeds District Registry
Guildford	Registrar in Bankruptcy
Halifax	Leeds District Registry
Harrogate	Leeds District Registry
Hastings	Registrar in Bankruptcy
Haverfordwest	Cardiff District Registry
Hereford	Bristol District Registry
Hertford	Registrar in Bankruptcy
Huddersfield	Leeds District Registry
Ipswich	Registrar in Bankruptcy
Kendal	Liverpool District Registry or Manchester District Registry
Kingston-upon-Hull	Leeds District Registry
Kingston-upon-Thames	Registrar in Bankruptcy
Lancaster	Liverpool District Registry or Manchester District Registry
Leeds	Leeds District Registry
Leicester	Birmingham District Registry
Lincoln	Leeds District Registry or Birmingham District Registry
Liverpool	Liverpool District Registry or Manchester District Registry
Llangefni	Cardiff District Registry or Caernarfon District Registry
Luton	Registrar in Bankruptcy
Maidstone	Registrar in Bankruptcy
Manchester	Manchester District Registry
Merthyr Tydfil	Cardiff District Registry
Middlesbrough	Newcastle District Registry
Milton Keynes	Birmingham District Registry
Newcastle upon Tyne	Newcastle District Registry
Newport (Gwent)	Cardiff District Registry
Newport (Isle of Wight)	Registrar in Bankruptcy
Northampton	Birmingham District Registry
Norwich	Registrar in Bankruptcy
Nottingham	Birmingham District Registry
Oldham	Liverpool District Registry or Manchester District Registry
Oxford	Registrar in Bankruptcy
Peterborough	Registrar in Bankruptcy
Plymouth	Bristol District Registry
Pontypridd	Cardiff District Registry
Portsmouth	Registrar in Bankruptcy
Port Talbot	Cardiff District Registry
Prestatyn	Cardiff District Registry or Caernarfon District Registry
Preston	Liverpool District Registry or Manchester District Registry
Reading	Registrar in Bankruptcy
Rhyl	Cardiff District Registry or Caernarfon District Registry
Romford	Registrar in Bankruptcy
Salisbury	Registrar in Bankruptcy
Scarborough	Leeds District Registry
Scunthorpe	Leeds District Registry
Sheffield	Leeds District Registry
Slough	Registrar in Bankruptcy
Southampton	Registrar in Bankruptcy
Southend-on-Sea	Registrar in Bankruptcy
Stafford	Birmingham District Registry
St Albans	Registrar in Bankruptcy
Stockport	Liverpool District Registry or Manchester District Registry
Stoke-on-Trent	Manchester District Registry
Sunderland	Newcastle District Registry
Swansea	Cardiff District Registry
Swindon	Bristol District Registry
Taunton	Bristol District Registry
Telford	Birmingham District Registry
Torquay & Newton Abbot	Bristol District Registry
Truro	Bristol District Registry
Tunbridge Wells	Registrar in Bankruptcy
Wakefield	Leeds District Registry
Walsall	Birmingham District Registry
Warwick	Birmingham District Registry
Welshpool & Newton	Cardiff District Registry
West Cumbria	Liverpool District Registry or Manchester District Registry
Wigan	Liverpool District Registry or Manchester District Registry
Winchester	Registrar in Bankruptcy
Wolverhampton	Birmingham District Registry
Worcester	Birmingham District Registry
Wrexham	Cardiff District Registry or Caernarfon District Registry
Yeovil	Bristol District Registry
York	Leeds District Registry

Rule 18.22

SCHEDULE 11 E+W Determination of insolvency office-holder's remuneration

This table sets out the realisation and distribution scales for determining the remuneration of trustees and liquidators.

The realisation scale
on the first £5,000	20%
on the next £5,000	15%
on the next £90,000	10%
on all further sums realised	5%
The distribution scale
on the first £5,000	10%
on the next £5,000	7.5%
on the next £90,000	5%
on all further sums distributed	2.5%.