C1C2Part XV Subordinate Legislation
Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))
General insolvency rules
C3C4C5C6C7C8C9C10411 Company insolvency rules.
1
Rules may be made—
a
in relation to England and Wales, by the Lord Chancellor with the concurrence of the Secretary of State, or
b
in relation to Scotland, by the Secretary of State,
for the purpose of giving effect to Parts I to VII of this Act.
2
Without prejudice to the generality of subsection (1), or to any provision of those Parts by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—
a
any such provision as is specified in Schedule 8 to this Act or corresponds to provision contained immediately before the coming into force of section 106 of the M1Insolvency Act 1985 in rules made, or having effect as if made, under section 663(1) or (2) of the Companies Act (old winding-up rules), and
b
such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor or, as the case may be, the Secretary of State necessary or expedient.
3
In Schedule 8 to this Act “liquidator” includes a provisional liquidator; and references above in this section to Parts I to VII of this Act are to be read as including the Companies Act so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies.
4
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
5
Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
6
Nothing in this section prejudices any power to make rules of court.
C11C12C13C14412 Individual insolvency rules (England and Wales).
1
The Lord Chancellor may, with the concurrence of the Secretary of State, make rules for the purpose of giving effect to Parts VIII to XI of this Act.
2
Without prejudice to the generality of subsection (1), or to any provision of those Parts by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—
a
any such provision as is specified in Schedule 9 to this Act or corresponds to provision contained immediately before the appointed day in rules made under section 132 of the M2Bankruptcy Act 1914; and
b
such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.
3
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
4
Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
5
Nothing in this section prejudices any power to make rules of court.
413 Insolvency Rules Committee. C15
1
The committee established under section 10 of the M3Insolvency Act 1976 (advisory committee on bankruptcy and winding-up rules) continues to exist for the purpose of being consulted under this section.
2
The Lord Chancellor shall consult the committee before making any rules under section 411 or 412 F1other than rules which contain a statement that the only provision made by the rules is provision applying rules made under section 411, with or without modifications, for the purposes of provision made by section F2any of sections 23 to 26 of the Water Industry Act 1991 or Schedule 3 to that Act..
3
Subject to the next subsection, the committee shall consist of—
a
a judge of the High Court attached to the Chancery Division;
b
a circuit judge;
c
a registrar in bankruptcy of the High Court;
d
the registrar of a county court;
e
a practising barrister;
f
a practising solictor; and
g
a practising accountant;
and the appointment of any person as a member of the committee shall be made by the Lord Chancellor.
4
The Lord Chancellor may appoint as additional members of the committee any persons appearing to him to have qualifications or experience that would be of value to the committee in considering any matter with which it is concerned.
Pt. XV (ss. 411-422) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7