The Insolvency (Amendment) Rules 2003

Amendments to Schedule 4 to the principal Rules

14.—(1) In the index to forms in Schedule 4 to the principal Rules—

(a)for the entries (including the form number) set out under the heading “Part 2: ADMINISTRATION PROCEDURE” there are substituted the following entries—

“2.1B.  Administration application

2.2B.  Statement of proposed administrator

2.3B.  Affidavit of service of administration application

2.4B.  Administration order

2.5B.  Notice of intention to appoint an administrator by holder of qualifying floating charge

2.6B.  Notice of appointment of an administrator by holder of qualifying floating charge

2.7B.  Notice of appointment of an administrator by holder of qualifying floating charge (For use in pursuance of Rule 2.19 of the Insolvency Rules 1986)

2.8B.  Notice of intention to appoint an administrator by company or director(s)

2.9B.  Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has been issued)

2.10B.  Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has not been issued)

2.11B.  Notification of appointment of administrator (for newspaper and London Gazette)

2.12B.  Notice of administrator’s appointment

2.13B.  Notice requiring submission of a statement of affairs

2.14B.  Statement of affairs

2.15B.  Statement of concurrence

2.16B.  Notice of statement of affairs

2.17B.  Statement of administrator’s proposals

2.18B.  Notice of extension of time period

2.19B.  Notice to attend meeting of creditors

2.20B.  Notice of a meeting of creditors

2.21B.  Creditor’s request for a meeting

2.22B.  Statement of administrator’s revised proposals

2.23B.  Notice of result of meeting of creditors

2.24B.  Administrator’s progress report

2.25B.  Notice of conduct of business by correspondence

2.26B.  [Amended] Certificate of constitution of creditors' committee

2.27B.  Notice by administrator of a change in committee membership

2.28B.  Notice of order to deal with charged property

2.29B.  Affidavit of debt

2.30B.  Notice of automatic end of administration

2.31B.  Notice of extension of period of administration

2.32B.  Notice of end of administration

2.33B.  Notice of court order ending administration

2.34B.  Notice of move from administration to creditors' voluntary liquidation

2.35B.  Notice of move from administration to dissolution

2.36B.  Notice to registrar of companies in respect of date of dissolution

2.37B.  Notice of intention to resign as administrator

2.38B.  Notice of resignation by administrator

2.39B.  Notice of vacation of office by administrator

2.40B.  Notice of appointment of replacement/additional administrator”;

(b)for the entry relating to Form 4.12 there is substituted “Order for Winding Up by the Court following upon the cessation of the appointment of an administrator”;

(c)after the entry for Form 5.5 there are inserted the following form numbers and titles—

“5.6.  Voting form in relation to a proposal for a voluntary arrangement under section 263A of the Insolvency Act 1986

5.7.  Order of annulment under section 261 of the Insolvency Act 1986

5.8.  Order of annulment under section 263D of the Insolvency Act 1986”;

(d)after the entry for Form 6.80 there are inserted the following form numbers and titles—

“6.81.  Variation of income payments agreement under section 310A of the Insolvency Act 1986

6.82.  Notice under section 279(2) of the Insolvency Act 1986

6.83.  Notice to interested parties of a dwelling-house falling within section 283A of the Insolvency Act 1986

6.84.  Certificate issued pursuant to Rule 6.237B(1) of the Insolvency Rules 1986”;

(e)after the entries relating to Part 9 there shall be inserted the following heading and entry—

“PART 12:MISCELLANEOUS AND GENERAL

12.1.  Notice to the Registrar of Companies in respect of order under section 176A”.

(2) Subject to paragraphs (3) and (4), in Schedule 4 to the principal Rules—

(a)for Forms 2.1 to 2.23 there are substituted the Forms 2.1B to 2.40B as set out in Part A of Schedule 2 to these Rules;

(b)the Forms set out in Part B of Schedule 2 to these Rules are inserted as Forms 5.6, 5.7, 5.8, 6.81, 6.82, 6.83, 6.84 and 12.1;

(c)for Forms—

(i)3.2, 4.12, 4.17, 4.18, 4.19, 4.52, 5.2, 6.1, 6.2, 6.3 and 6.25; and

(ii)5.4, 6.30, 6.72, 6.73 and 6.79A

there are substituted the forms so numbered as set out in Part C of Schedule 2 to these Rules; and

(d)Form 6.31 is omitted.

(3) In any case to which paragraphs (2), (3) or (4) of Rule 5 of these Rules applies, paragraph (2)(a) and paragraph (2)(c)(i) (but only insofar as it relates to Form 4.12) of this Rule shall not apply and the forms prescribed for use by the principal Rules as they stood before the coming into force of these Rules shall continue to be used.

(4) In any case to which Rule 9(2) of these Rules applies, paragraph (2)(d) of this Rule shall not apply and the forms prescribed for use by the principal Rules as they stood before the coming into force of these Rules shall continue to be used.