Office of Public Sector Information
39. In Rule 6.47—
(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) Where 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.”.
40. For paragraph (5) of Rule 6.79 substitute—
“(5) As soon as reasonably practicable, notice of the meeting shall also be gazetted and may be advertised in such other manner as the official receiver thinks fit.”.
41. For paragraph (4) of Rule 6.81 substitute—
“(4) Where the convenor thinks fit, as soon as reasonably practicable, additional notice of the meeting shall be given. Such notice—
(a) shall be gazetted; and
(b) may be advertised in such other manner as the convenor thinks fit.”.
42. For paragraph (1) of Rule 6.124 substitute—
“(1) A trustee who is appointed by a creditors’ meeting, as soon as reasonably practicable after receiving the certificate of appointment, shall give notice of that appointment. Such notice—
(a) shall be gazetted; and
(b) may be advertised in other such manner as the trustee thinks fit.”.
43. In the heading to, and in Rule 6.134, for “advertisement” substitute “notice”.
44. In Rule 6.172—
(a) for paragraph (4) substitute—
“(4) Where the official receiver thinks fit, a notice of the order shall be gazetted not less than 14 days before the day fixed for the hearing.”; and
(b) after paragraph (4) add—
“(5) The official receiver may advertise the notice under paragraph (4) of this Rule in such other manner as the official receiver thinks fit.”.
45. For paragraph (3) of Rule 6.213, substitute—
“(3) Within 28 days of the making of the order, the former bankrupt may require the Secretary of State to give notice of the making of the order. As soon as reasonably practicable such notice shall be—
(a) gazetted; and
(b) advertised in the same manner as the bankruptcy order to which it relates was advertised.”.
46. For paragraph (2) of Rule 6.220, substitute—
“(2) The discharged bankrupt may require the Secretary of State to give notice of the discharge. As soon as reasonably practicable such notice shall be—
(a) gazetted; and
(b) advertised in such manner as the bankruptcy order to which it relates was advertised.”.
47. At the end of Part 6 add—
6.252. In this Chapter and in Chapter 32, “Secretary of State” includes the official receiver acting in accordance with paragraph 1(2)(b) of Schedule 4ZB to the Act.
6.253.—(1) Where the Secretary of State applies to the court for a debt relief restrictions order to be made in relation to a person in respect of whom a debt relief order has been made under paragraph 1 of Schedule 4ZB to the Act, the application shall be supported by a report by the Secretary of State.
(2) The report shall include—
(a) a statement of the conduct by reference to which it is alleged that it is appropriate for a debt relief restrictions order to be made; and
(b) the evidence on which the Secretary of State relies in support of the application.
(3) Any evidence in support of an application for a debt relief restrictions order provided by persons other than the Secretary of State shall be by way of an affidavit.
(4) The date for the hearing shall be no earlier than 8 weeks from the date when the court fixes the venue for the hearing.
(5) For the purposes of hearing an application under this Rule by a registrar, Rule 7.6(1) shall not apply and the application shall be heard in public.
6.254.—(1) The Secretary of State shall serve notice of the application and the venue fixed by the court on the debtor not more than 14 days after the application is made at court.
(2) Service shall be accompanied by a copy of the application, together with copies of the report by the Secretary of State, any other evidence filed with the court in support of the application, and an acknowledgement of service.
(3) The defendant shall file in court an acknowledgement of service of the application indicating whether or not he contests the application not more than 14 days after service on him of the application.
(4) Where the defendant has failed to file an acknowledgement of service and the time period for doing so has expired, the defendant may attend the hearing of the application but may not take part in the hearing unless the court gives permission.
6.255.—(1) If the debtor wishes to oppose the application, he shall within 28 days of the service of the application and evidence of the Secretary of State, file in court any evidence which he wishes the court to take into consideration, and shall serve a copy of such evidence upon the Secretary of State within 3 days of filing it at court.
(2) The Secretary of State shall, within 14 days from receiving the copy of the debtor’s evidence, file in court any further evidence in reply he wishes the court to take into consideration and shall as soon as reasonably practicable serve a copy of that evidence upon the debtor.
6.256.—(1) The court may make a debt relief restrictions order against the debtor, whether or not the latter appears and whether or not he has filed evidence in accordance with Rule 6.255.
(2) Where the court makes a debt relief restrictions order, it shall send two sealed copies to the Secretary of State.
(3) As soon as reasonably practicable after receipt of the sealed copy of the order, the Secretary of State shall send a sealed copy of the order to the debtor.
6.257.—(1) Where the Secretary of State applies for an interim debt relief restrictions order under paragraph 5 of Schedule 4ZB to the Act, the court shall fix a venue for the hearing.
(2) Notice of an application for an interim debt relief restrictions order shall be given to the debtor at least 2 business days before the date set for the hearing unless the court directs otherwise.
(3) For the purposes of hearing an application under this Rule by a registrar, Rule 7.6(1) shall not apply and the application shall be heard in public.
6.258.—(1) The Secretary of State shall file a report in court as evidence in support of any application for an interim debt relief restrictions order.
(2) The report shall include evidence of the debtor‘s conduct which is alleged to constitute the grounds for the making of an interim debt relief restrictions order and evidence of matters which relate to the public interest in making the order.
(3) Any evidence by persons other than the Secretary of State in support of an application for an interim debt relief restrictions order shall be by way of an affidavit.
6.259.—(1) The debtor may file in court any evidence which he wishes the court to take into consideration and may appear at the hearing for an interim debt relief restrictions order.
(2) The court may make an interim debt relief restrictions order against the debtor, whether or not the latter appears, and whether or not he has filed evidence.
(3) Where the court makes an interim debt relief restrictions order, as soon as reasonably practicable, it shall send two sealed copies of the order to the Secretary of State.
(4) As soon as reasonably practicable after receipt of the sealed copies of the order, the Secretary of State shall send a copy of the order to the debtor.
6.260.—(1) A person subject to an interim debt relief restrictions order may apply to the court to set the order aside.
(2) An application to set aside an interim debt relief restrictions order shall be supported by an affidavit stating the grounds on which the application is made.
(3) Where an application is made to set aside an interim debt relief restrictions order under paragraph (1), the person making the application shall send to the Secretary of State, not less than 7 days before the hearing—
(a) notice of his application;
(b) notice of the venue;
(c) a copy of his application; and
(d) a copy of the supporting affidavit.
(4) The Secretary of State may attend the hearing and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
(5) Where the court sets aside an interim debt relief restrictions order two sealed copies of the order shall be sent, as soon as reasonably practicable, to the Secretary of State by the court.
(6) As soon as reasonably practicable after receipt of the sealed copies of the order, the Secretary of State shall send a sealed copy of the order to the applicant.
6.261. A debt relief restrictions undertaking signed by a person in relation to whom a debt relief order has been made shall be deemed to have been accepted by the Secretary of State for the purposes of paragraph 9 of Schedule 4ZB to the Act when the undertaking is signed by the Secretary of State.
6.262. As soon as reasonably practicable after a debt relief restrictions undertaking has been accepted by the Secretary of State, a copy shall be sent to the person who offered the undertaking and to the official receiver.
6.263.—(1) An application under paragraph 9(3)(a) or (b) of Schedule 4ZB to the Act shall be supported by an affidavit stating the grounds on which it is made.
(2) The applicant shall give notice of the application and the venue, together with a copy of the affidavit supporting his application to the Secretary of State at least 28 days before the date fixed for the hearing.
(3) The Secretary of State may attend the hearing and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
(4) The court shall send a sealed copy of any order annulling or varying the debt relief restrictions undertaking to the Secretary of State and the applicant.”.
48. In Rule 6A.1—
(a) in paragraph (1), after “bankruptcies”, insert “, debt relief orders”; and
(b) for paragraph (2), substitute—
“(2) The register—
(a) referred to in paragraph 12 of Schedule 4A to the Act (referred to in this Part as “the bankruptcy restrictions register”), and
(b) of the matters specified in paragraphs (b) and (c) of section 251W (referred to in this Part as “the debt relief restrictions register”),
shall be maintained in accordance with the provisions of this Part.”.
49. In Rule 6A.4(3), for sub-paragraph (c), substitute—
“(c) where a bankruptcy order or debt relief order has been made in the period of six years immediately prior to the day of the latest bankruptcy order made against the bankrupt (excluding for these purposes any bankruptcy order that was annulled or any debt relief order that was revoked), the date of whichever is the latest of them;”.
50. After Rule 6A.5, before the cross-heading for Chapter 3, insert—
6A.5A.—(1) This Rule is subject to Rule 6A.5B.
(2) The official receiver shall cause to be entered onto the individual insolvency register as soon as reasonably practicable after the making of a debt relief order the following information relating to the order or to the debtor in respect of whom it has been made—
(a) as they are stated in the debtor’s application—
(i) the name, gender, occupation (if any) and date of birth of the debtor;
(ii) the debtor’s last known address;
(iii) the name or names in which he carries or has carried on business, if other than his true name; and
(iv) the nature of his business and the address or addresses at which he carries or has carried it on and whether alone or with others;
(b) the date of the making of the debt relief order;
(c) the reference number of the order;
(d) the date of the end of the moratorium period; and
(e) where a bankruptcy order or a debt relief order has been made in the period of six years immediately prior to the date of the latest debt relief order made against the debtor (excluding for these purposes any bankruptcy order that was annulled or any debt relief order that was revoked), the date of whichever is the latest of them.
(3) Provided that information concerning a debt relief order has not been validly deleted under Rule 6A.5B, the official receiver shall also cause to be entered on the register in relation to the order—
(a) where the moratorium period is terminated early, the fact that such has happened, the date of early termination and whether the early termination is on revocation of the debt relief order or by virtue of any other enactment;
(b) where the moratorium period is extended, the fact that such has happened, the date on which the extension was made, its duration and the date of the new anticipated end of the moratorium period; or
(c) where the debtor is discharged from all qualifying debts, the date of such discharge.
6A.5B. The Secretary of State shall delete from the individual insolvency register all information concerning a debt relief order where—
(a) the debt relief order has been revoked, or
(b) the debtor has been discharged from his qualifying debts,
and a period of 3 months has elapsed from the date of revocation or discharge.”.
51. After Rule 6A.7 insert—
6A.7A.—(1) This Rule is subject to Rule 6A.7B.
(2) Where an interim debt relief restrictions order or a debt relief restrictions order is made against a debtor, the Secretary of State shall enter onto the debt relief restrictions register—
(a) the name, gender, occupation (if any) and date of birth of the debtor;
(b) the debtor’s last known address;
(c) a statement that an interim debt relief restrictions order or, as the case may be, a debt relief restrictions order has been made against him;
(d) the date of the making of the order and the order reference number; and
(e) the duration of the order.
(3) Where a debt relief restrictions undertaking is given by a debtor, the Secretary of State shall enter onto the debt relief restrictions register—
(a) the name, gender, occupation (if any) and date of birth of the debtor;
(b) the debtor’s last known address;
(c) a statement that a debt relief restrictions undertaking has been given;
(d) the date of the acceptance of the debt relief restrictions undertaking by the Secretary of State and reference number of the undertaking; and
(e) the duration of the debt relief restrictions undertaking.
6A.7B. In any case where an interim debt relief restrictions order or a debt relief restrictions order is made or a debt relief restrictions undertaking has been accepted, the Secretary of State shall remove from the debt relief restrictions register all information regarding that order or, as the case may be, undertaking after—
(a) receipt of notification that the order or, as the case may be, undertaking has ceased to have effect; or
(b) the expiry of the order or, as the case may be, undertaking.”.
52. In Rule 6A.8, for paragraph (2) substitute—
“(2) Where the Secretary of State receives notice of the date of the death of a person in respect of whom information is held on any of the registers, he shall cause the fact and date of the person’s death to be entered onto the individual insolvency register and, as the case may be, the bankruptcy restrictions register or the debt relief restrictions register.”.
53. Immediately before the end of Rule 7.2(1) add—
“; and
“proceedings relating to a debt relief order” includes proceedings relating to a debt relief restrictions order or undertaking except as the context otherwise requires”.
54. In Rule 7.11—
(a) after “winding-up or bankruptcy proceedings” in paragraphs (1), (2) and (4) insert “or proceedings relating to a debt relief order”;
(b) in paragraph (3)—
(i) after “In any case where”, insert “winding-up”, and
(ii) omit “or, as the case may be, jurisdiction in bankruptcy”; and
(c) after paragraph (3), insert—
“(3A) In any case where bankruptcy proceedings or proceedings relating to a debt relief order are transferred to a county court, the transfer must be to a court which has jurisdiction in bankruptcy.”.
55. In Rule 7.12, after “winding-up or bankruptcy proceedings”, insert “or proceedings relating to a debt relief order”.
56. In Rule 7.13, for paragraph (1)(b), substitute—
“(b) including a statement either that—
(i) the petitioner, or
(ii) the debtor in proceedings relating to a debt relief order,
consents to the transfer, or that he has been given at least 14 days’ notice of the official receiver’s application.”.
57. In Rule 7.16(2), after “133, 236,” insert “251N,”.
58. In Rule 7.21(2), after “134(2), 236(5),”, insert “251N(5),”.
59. In Rule 7.23—
(a) in the heading, after “ss 236,” insert “251N and”; and
(b) in paragraph (1), immediately before “or 366” insert “, 251N (the equivalent in relation to debt relief orders)”.
60. In Rule 7.26, for paragraph (2) substitute—
“(2) Every proceeding under—
(i) Part 7A of the Act shall be headed “IN THE MATTER OF A DEBT RELIEF ORDER”, and
(ii) Parts 9 to 11 of the Act shall be headed “IN BANKRUPTCY”.”
61. Immediately before the end of Rule 7.31(2) add “; and (d) in proceedings relating to a debt relief order, by the debtor”.
62. Rule 7.32 shall cease to have effect.
63. In Rule 7.40, for paragraphs (1) to (3) substitute—
“(1) This Rule applies where a party to, or person affected by, any proceedings in an insolvency—
(a) applies to the court for an order allowing his costs, or part of them, incidental to the proceedings; and
(b) that application is not made at the time of the proceedings.
(2) The person concerned shall serve a sealed copy of his or her application—
(a) in proceedings other than proceedings relating to a debt relief order—
(i) on the responsible insolvency practitioner, and,
(ii) in a winding up by the court or a bankruptcy, on the official receiver;
(b) in proceedings relating to a debt relief order, on the official receiver.
(3) The insolvency practitioner and, where appropriate, the official receiver may appear on an application to which paragraph (2)(a) applies.
(3A) The official receiver may appear on an application to which paragraph (2)(b) applies.”.
64. In Rule 7.41—
(a) in paragraph (1), after “the bankrupt”, insert “ or the debtor ”; and
(b) in paragraph (2), for “insolvency proceedings”, substitute “a company insolvency or bankruptcy proceedings”.
65. At the end of Rule 7.64(1) add “other than proceedings relating to a debt relief order”.
66. In Rule 9.1—
(a) in paragraph (1), after subparagraph (a), insert “(aa) section 251N (debt relief orders – inquiry into dealings and property of debtor), or”; and
(b) in paragraph (2), for subparagraphs (b) and (c) substitute—
“(b) “the applicable section” is section 236, 251N or 366, according to whether the affairs of a company or those of a debtor in relation to a debt relief order or an application for a debt relief order or a bankrupt or (where the application under section 366 is made by virtue of section 368) a debtor in bankruptcy proceedings are in question;
(c) the company or, as the case may be, the debtor in relation to a debt relief order or an application for a debt relief order, the bankrupt or debtor in bankruptcy proceedings concerned is “the insolvent”;
(d) “the applicant”, in any application made under section 251N, means the official receiver.”.
67. In Rule 9.4 (4), for “the applicable section” substitute “section 236 or 366”.
68. In Rule 9.6—
(a) in the heading, after “ss 236,” insert “251N and”; and
(b) in paragraph (3)(b), after “individual insolvency” insert “, but not in proceedings relating to debt relief orders or applications for debt relief orders”.
69. In Rule 10.2(1)(a), after “236,” insert “251N,”.
70. In Rule 10.4(2), after “paragraph (1)” insert “in connection with insolvency proceedings other than proceedings relating to debt relief orders or applications for debt relief orders”.
71. In Rule 11.2—
(a) for paragraph (1A), substitute—
“(1A) Before declaring a first dividend the responsible insolvency practitioner shall give notice of the intended dividend. As soon as reasonably practicable such notice—
(a) shall be gazetted; and
(b) may be advertised in such other manner as the responsible insolvency practitioner thinks fit.”; and
(b) after paragraph (1A) insert—
“(1B) Paragraph (1A) shall not apply where the responsible insolvency practitioner has previously, by notice, invited creditors to prove their debts.”.
72. In Rule 12.1(1)(d)(ii), for “individual insolvency” substitute “bankruptcy”.
73. For paragraph (5) of Rule 12.22, substitute—
“(5) The court may direct that the requirement of paragraph (3) shall be taken to be complied with if a notice has been published by the liquidator, administrator or receiver, as the case may be, stating that the court has made an order disapplying the requirement to set aside the prescribed part. As soon as reasonably practicable the notice—
(a) shall be gazetted; and
(b) may be advertised in such other manner as the liquidator, administrator or receiver thinks fit.”.
74. In Rule 13.3—
(a) in paragraph (1), after “personal”, insert “or other”;
(b) in paragraph (3), at the end insert “except applications for debt relief orders”; and
(c) in paragraph (4), after “application” where it first occurs, insert “made to the court”.
75. In Rule 13.8(b), for “an individual insolvency” substitute “a bankruptcy or a petition for bankruptcy”.
76. In Rule 13.13, after paragraph (4), insert—
“(4A) “gazetted” means to advertise once in the Gazette.”.
77. In Schedule 2 to the principal Rules, for the heading and the reference to Rule 6.40(3) substitute—
Rules 5A.21(2) and 6.40(3)”
78. Schedule 4 to the principal Rules is amended as set out in Schedule 2 to these Rules.
Jack Straw
Lord Chancellor and Secretary of State for Justice
Ministry of Justice
9th March 2009
The Rt Hon Sir Andrew Morritt
The Chancellor of the High Court
10th March 2009
I concur, on behalf of the Secretary of State
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
10th March 2009
The Insolvency (Amendment) Rules 2009