Citation, commencement and interpretation

1.  These Rules made be cited as the Insolvency (Amendment) Rules 2009 and come into force on 6th April 2009.

2.  In these Rules—

“the principal Rules” mean the Insolvency Rules 1986(2) (any reference to a numbered Part or Rule is a reference to a Part or Rule so numbered in the principal Rules unless the context otherwise requires);

“the Act” means the Insolvency Act 1986 (any reference to a numbered section being a reference to a section of that Act).

Transitional provisions

3.—(1) Subject to paragraph (2), the amendments made by Rules 5 to 31, 33 to 46, 62, 71, 73, 76 and 78 of these Rules to the principal Rules shall not apply, and the provisions of the principal Rules as unamended by these Rules shall continue to apply, where before 6th April 2009—

(a) in relation to a company—

(i) a moratorium under a company voluntary arrangement comes into force;

(ii) the company enters administration;

(iii) a receiver or manager is appointed;

(iv) a resolution for a voluntary winding up is passed; or

(v) a winding up petition is presented to the court; and

(b) in relation to an individual, a bankruptcy petition is presented to the court.

(2) In the case of a statutory demand, the amendments made by Rules 33, 34 and 35 of these Rules to Rules 6.3(3), 6.4(1) and 6.11(8) of the principal Rules shall not apply, and the provisions of the principal Rules as unamended by these Rules shall continue to apply where the demand is served on the debtor before 6th April 2009.

Amendments to the principal Rules

4.  The principal Rules are amended as set out in Rules 5 to 78 of these Rules.

General amendment

5.  In the principal Rules wherever it appears, for “forthwith” substitute “as soon as reasonably practicable”.

Amendment to Rule 1.40

6.  In Rule 1.40, for paragraph (2) substitute—

“(2) On receipt of the copies of the schedule pursuant to paragraph (1), the nominee—

(a) as soon as reasonably practicable shall cause a notice of the coming into force of the moratorium to be gazetted; and

(b) may advertise the notice in such other manner as the nominee thinks fit.”.

Amendment to Rule 1.42

7.  In Rule 1.42, for paragraph (1) substitute—

“(1) After the moratorium comes to an end, the nominee—

(a) as soon as reasonably practicable shall cause a notice of its coming to an end and the date on which it came to an end to be gazetted; and

(b) may advertise the notice in such other manner as the nominee thinks fit.”.

Amendment to Rule 2.27

8.  In Rule 2.27, for paragraph (1) substitute—

“(1) The notice of appointment to be given by the administrator as soon as reasonably practicable after appointment under paragraph 46(2)(b) shall be gazetted in Form 2.11B and may be advertised in such other manner as the administrator thinks fit.”.

Amendment to Rule 2.33

9.  In Rule 2.33, for paragraph (7) substitute—

“(7) Where the administrator wishes to publish a notice under paragraph 49(6), the notice shall be advertised in such manner as the administrator thinks fit.

(7A) A notice published under Rule 2.33(7) shall—

(a) state the full name of the company;

(b) state the full name and address of the administrator;

(c) give details of the administrator’s appointment; and

(d) specify an address to which members can write for a copy of the statement of proposals.”.

Amendment to Rule 2.34

10.  In Rule 2.34—

(a) for paragraph (1) substitute—

“(1) As soon as reasonably practicable after an invitation to the initial creditors’ meeting has been sent to the creditors in compliance with the requirements of paragraph 51(1), the administrator shall have gazetted—

(a) the name, registered number and address of the registered office of the company in administration;

(b) that an initial creditors’ meeting is to take place;

(c) the venue fixed for the initial creditors’ meeting; and

(d) the full name and address of the administrator.”; and

(b) after paragraph (1), insert—

“(1A) The information required to be gazetted under paragraph (1) may also be advertised in such other manner as the administrator thinks fit.”.

Amendment to Rule 2.45

11.  In Rule 2.45, for the first sentence of paragraph (4) substitute—

“Any notice to be published by the administrator acting under paragraph 54(3) shall be advertised in such manner as the administrator thinks fit.”.

Amendment to Rule 2.95

12.  In Rule 2.95—

(a) for paragraph (3) substitute—

“(3) Subject to paragraph (5)(b), before declaring a dividend the administrator shall by notice invite the creditors to prove their debts. Such notice—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the administrator thinks fit.”; and

(b) for paragraph (5) substitute—

“(5) Where a dividend is to be declared for preferential creditors—

(a) the notice pursuant to paragraph (1) need only to be given to those creditors in whose case the administrator has reason to believe that their debts are preferential; and

(b) the notice pursuant to paragraph (3) need only be given if the administrator thinks fit.”.

Amendment to Rule 2.113

13.  In Rule 2.113, for paragraph (6) substitute—

“(6) The requirements of paragraph 80(4) shall be taken to be complied with if, within 5 business days of filing the notice of end of administration with the court, the administrator has gazetted a notice undertaking to provide a copy of the notice of the end of administration to any creditor of the company.

(6A) The notice under Rule 2.113(6) may be advertised in such other manner as the administrator thinks fit.”.

Amendment to Rule 3.2

14.  In Rule 3.2, for paragraphs (3) and (4) substitute—

“(3) Subject to paragraph (4), the notice of appointment to be given by the administrative receiver under section 46(1)(a) shall be gazetted and may be advertised in such other manner as the administrative receiver thinks fit.

(4) The notice published under paragraph (3) may omit the matters stated in the notice of appointment sent to the company in compliance with sub-paragraphs (f) and (g) of paragraph (2).”.

Amendment to Rule 3.8

15.  In Rule 3.8, for paragraph (1) substitute—

“(1) If an administrative receiver gives notice under section 48(2)(b), the notice—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the administrative receiver thinks fit.”.

Amendment to Rule 3.9

16.  In Rule 3.9—

(a) for paragraph (6), substitute—

“(6) Notice of the meeting summoned under section 48(2) and its venue, as soon as reasonably practicable, shall also be gazetted and may be advertised in such other manner as the receiver thinks fit.”; and

(b) in paragraph (7), for “newspaper advertisement” substitute “notice given under paragraph (6).”.

Amendment to Rule 3.39

17.  In Rule 3.39, for paragraph (4) substitute—

“(4) Where the requirements of paragraph (5) are satisfied, the receiver may, instead of sending the report required under paragraph (2)—

(a) cause a notice to the same effect to be gazetted; and

(b) may advertise the notice in such other manner as the receiver thinks fit.

(5) The requirements of this paragraph are that—

(a) full details of the unsecured creditors of the company are not available to the receiver; or

(b) the receiver thinks it is otherwise impracticable to send the report.”.

Substitution of Rule 4.11

18.  For Rule 4.11, substitute—

“4.11.—(1) Unless the court otherwise directs, the petitioner shall give notice of the petition.

(2) The notice shall be gazetted.

(3) Where compliance with paragraph (2) is not reasonably practicable, the court may direct that instead of the notice being gazetted, it shall be given in such other manner as the court thinks fit.

(4) The notice must be made to appear—

(a) if the petitioner is the company itself, not less than 7 business days before the day appointed for the hearing; and

(b) otherwise, not less than 7 business days after service of the petition on the company, nor less than 7 business days before the day so appointed.

(5) The notice must state—

(a) the name, registered number of the company and the address of its registered office, or—

(i) in the case of an unregistered company, the address of its principal place of business;

(ii) in the case of an oversea company, the address at which service of the petition was effected;

(b) the name and address of the petitioner;

(c) where the petitioner is the company itself, the address of its registered office or, in the case of an unregistered company, of its principal place of business;

(d) the date on which the petition was presented;

(e) the venue fixed for the hearing of the petition;

(f) the name and address of the petitioner’s solicitor (if any); and

(g) that any person intending to appear at the hearing (whether to support or oppose the petition) must give notice of his intention in accordance with Rule 4.16.

(6) If notice of the petition is not given in accordance with this Rule, the court may dismiss it.”.

Amendment to Rule 4.14

19.  In Rule 4.14(2)—

(a) for paragraph (c) substitute—

“(c) the date or dates on which the petition was served and notice of it was given in compliance with the Rules.”; and

(b) for “A copy of the advertisement of the petition shall be filed in court with the certificate”, substitute “A copy or, where this is not reasonably practicable, a description of the form and content of any notice given shall be filed in court with the certificate.”.

Amendment to Rule 4.21

20.  For paragraph (4) of Rule 4.21 substitute—

“(4) The official receiver—

(a) as soon as reasonably practicable shall cause notice of the order to be gazetted; and

(b) may advertise notice of the order in such other manner as the official receiver thinks fit.”.

Insertion of new Rule 4.21B

21.  At the end of Chapter 3, after Rule 4.21A, add—

“Petition dismissed

4.21B.—(1) Unless the court otherwise directs, when a petition is dismissed, as soon as reasonably practicable the petitioner shall give notice of the dismissal. Such notice shall be—

(a) gazetted; or

(b) advertised in accordance with any directions of the court.

(2) The notice published in accordance with paragraph (1) shall state—

(a) the name, registered number of the company and the address of its registered office, or

(i) in the case of an unregistered company, the address of its principal place of business;

(ii) in the case of an oversea company, the address at which service of the petition was effected;

(b) the name and address of the petitioner;

(c) where the petitioner is the company itself, the address of its registered office or, in the case of an unregistered company, of its principal place of business;

(d) the date on which the petition was presented;

(e) the date on which the petition was gazetted or otherwise advertised; and

(f) the date of the hearing at which the petition was dismissed.

(3) Where—

(a) the petitioner is not the company itself; and

(b) the petitioner has not complied with paragraphs (1) and (2) within 21 days of the date of the hearing at which the petition was dismissed,

the company may give notice of the dismissal itself. Such notice shall be gazetted.”.

Amendment to Rule 4.25A

22.  In Rule 4.25A, after paragraph (2), add—

“(3) Unless the court otherwise directs, on receipt of the notice of appointment, as soon as reasonably practicable the provisional liquidator shall give notice of that appointment. Such notice—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the provisional liquidator thinks fit.”.

Amendment to Rule 4.31

23.  In Rule 4.31, after paragraph (2) add—

“(3) Unless the court otherwise directs, where the provisional liquidator’s appointment is terminated, as soon as reasonably practicable the provisional liquidator shall give notice of that termination. Such notice—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the provisional liquidator thinks fit.”.

Amendment to Rule 4.50

24.  For paragraph (5) of Rule 4.50 substitute—

“(5) Notice of the meetings shall be gazetted and may be advertised in such other manner as the official receiver thinks fit.”.

Amendment to Rule 4.54

25.  For paragraph (6) of Rule 4.54 substitute—

“(6) Notice of the meeting—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the convenor thinks fit.”.

Amendment to Rule 4.102

26.  In Rule 4.102—

(a) after paragraph (4) insert—

“(4A) On receipt of the sealed copy of the order of appointment, the liquidator—

(a) as soon as reasonably practicable shall cause a notice of appointment to be gazetted; and

(b) may cause the notice to be advertised in such other manner as the liquidator thinks fit.”;

(b) for paragraph (5) substitute—

“(5) Within 28 days from appointment, the liquidator shall also—

(a) give notice of it to all creditors and contributories of the company of whom the liquidator is aware; or

(b) advertise it in accordance with any directions given by the court.”; and

(c) in paragraph (6) omit “or advertisement”.

Amendment to Rule 4.103

27.  For paragraph (4) of Rule 4.103 substitute—

“(4) Within 28 days from appointment, the liquidator shall—

(a) give notice of it to all creditors of the company of whom the liquidator is aware; or

(b) advertise it in accordance with any directions given by the court.”.

Amendment to Rule 4.106

28.  For paragraph (1) of Rule 4.106 substitute—

“(1) Subject as follows, a liquidator who is appointed by a creditors’ or contributories’ meeting, or by a meeting of the company, as soon as reasonably practicable after receiving the certificate of appointment, shall give notice of it. In addition to being gazetted pursuant to section 109(1), the notice may also be advertised in such other manner as the liquidator thinks fit.”.

Amendment to Rule 4.182A

29.  For paragraph (1) of Rule 4.182A substitute—

“(1) In a members’ voluntary winding up the liquidator may give notice of the intention to make a distribution to creditors. Such notice—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the liquidator thinks fit.”.

Amendment to Rule 4.212

30.  In Rule 4.212—

(a) for paragraph (3) substitute—

“(3) Subject to paragraph (4), where the official receiver thinks fit, notice of the order—

(a) shall be gazetted; and

(b) may be advertised in such other manner as the official receiver thinks fit,

not less than 14 days before the date fixed for the hearing.”; and

(b) after paragraph (3) add—

“(4) Unless the court otherwise directs, there shall be no publication under paragraph (3) before at least 7 days have elapsed since the examinee was served with the order.”.

Amendment to Rule 5.60

31.  For paragraph (3) in Rule 5.60 substitute—

“(3) The former bankrupt may in writing within 28 days of the date of the order require the Secretary of State to give notice of the making of the order. As soon as reasonably practicable the notice shall be—

(a) gazetted; and

(b) advertised in the same manner as the bankruptcy order to which it relates was advertised.”.

Insertion of new Part 5A - debt relief orders

32.  In the Second Group of Parts (individual insolvency: bankruptcy), immediately after Part 5 (individual voluntary arrangements), insert as Part 5A the Part set out in Schedule 1 to these Rules.

Amendment to Rule 6.3

33.  In paragraph (3) of Rule 6.3, for “the demand may be advertised in one or more newspapers” substitute “the creditor may advertise the demand in such manner as the creditor thinks fit”.

Amendment to Rule 6.4

34.  In paragraph (1) of Rule 6.4 omit “in a newspaper”.

Amendment to Rule 6.11

35.  In Rule 6.11—

(a) In paragraph (8)—

(i) omit “newspaper” where it first occurs;

(ii) for sub-paragraph (b) substitute—

“(b) the method by which, and the date or dates on which the statutory demand was advertised under that rule”; and

(b) at the end of paragraph (8), for “a copy of any advertisement”, substitute “either a copy of any advertisement of the statutory demand or, where this is not reasonably practicable, the affidavit shall contain or exhibit a description of the contents of any such advertisement.”.

Amendment to Rule 6.34

36.  For paragraph (2) of Rule 6.34 substitute—

“(2) Subject to the next paragraph, on receipt of the sealed copies of the bankruptcy order, the official receiver—

(a) as soon as reasonably practicable shall—

(i) send notice of the making of the order to the Chief Land Registrar, for registration in the register of writs and orders affecting land;

(ii) cause notice of the order to be gazetted; and

(b) may cause notice of the order to be advertised in such other manner as the official receiver thinks fit.”.

Amendment to Rule 6.35

37.  In Rule 6.35—

(a) for paragraph (2) substitute—

“(2) Where such an order is made, as soon as reasonably practicable the official receiver shall send notice of it to the Chief Land Registrar for corresponding amendment of the register.”; and

(b) after paragraph (2) add—

“(3) If the official receiver thinks fit, notice of the order—

(a) as soon as reasonably practicable, shall be gazetted; and

(b) may be advertised in such other manner as the official receiver thinks fit.”.

Amendment to Rule 6.46

38.  For paragraph (2) in Rule 6.46 substitute—

“(2) Subject to the next paragraph, on receipt of the sealed copies of the bankruptcy order, the official receiver—

(a) as soon as reasonably practicable shall—

(i) send notice of the making of the order to the Chief Land Registrar, for registration in the register of writs and orders affecting land; and

(ii) cause notice of the order to be gazetted; and

(b) may cause notice of the order to be advertised in such other manner as the official receiver thinks fit.”.