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The Insolvency Fees (Amendment) Order 1991

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Statutory Instruments

1991 No. 496

INSOLVENCY

COMPANIES

INDIVIDUALS, ENGLAND AND WALES

The Insolvency Fees (Amendment) Order 1991

Made

5th March 1991

Laid before Parliament

12th March 1991

Coming into force

2nd April 1991

The Lord Chancellor, in exercise of the powers conferred on him by sections 414 and 415 of the Insolvency Act 1986(1), and with the sanction of the Treasury, hereby makes the following Order:—

1.  This Order may be cited as the Insolvency Fees (Amendment) Order 1991 and shall come into force on 2nd April 1991.

2.  In this Order references to “the Act” are to the Insolvency Act 1986.

3.  The Insolvency Fees Order 1986(2) shall be amended—

(a)in article 9—

(i)by substituting for the amount “—240” shown in relation to a winding-up petition to be presented under the Act, the amount “£270”;

(ii)by substituting for the amount “£120” shown in relation to a bankruptcy petition to be presented under section 264(1)(b) of the Act, the amount “£135”; and

(iii)by substituting for the amount “£240” shown in relation to a bankruptcy petition to be presented under section 264(1)(a), (c), or (d) of the Act, the amount “£270”;

(b)in article 12, by substituting for the amount “£100” shown in relation to a report submitted under section 274 of the Act, the amount “£135”;

(c)in the Schedule—

(i)by substituting for the amount “£490.00” shown in relation to Fee No. 1 in Part I, the amount “£640.00”;

(ii)by substituting for the amount “£ 135.00” shown in relation to Fee No. 2(i) in Part I and Fee No. 3(i) in Part II, in each case the amount “£175.00”;

(iii)by substituting for the amount “£30.00” shown in relation to Fee No. 2(ii) in Part I and Fee No. 3(ii) in Part II, in each case the amount “£40.00”;

(iv)by substituting for the amount “£50.00” shown in relation to Fee No. 3(a) in Part I and Fee No. 4(a) in Part II, in each case the amount “£65.00”;

(v)by substituting for the amount “£120” shown in relation to Fee No. 3(b)(i) in Part I and Fee No. 4(b)(i) in Part II, in each case the amount “£155.00”;

(vi)by substituting for the amount “£15.00” shown in relation to Fee No. 3(b)(ii) in Part I and Fee No. 4(b)(ii) in Part II, in each case the amount “£20.00”;

(vii)by inserting in the description of proceeding in relation to Fee No. 4 in Part I, the words “or a stay of the winding-up proceedings under section 147” after the words “winding-up order”;

(viii)by substituting for the amount “£67.00” shown in relation to Fee No. 4 in Part I and Fee No. 7 in Part II, in each case the amount “£90.00”;

(ix)by substituting for the amount “£35.00” shown in relation to Fee No. 4 in Part I and Fee No. 7 in Part II, in each case the amount “£45.00”;

(x)by substituting for the amount “£67.00” shown in relation to Fee No. 5 in Part I and Fee No. 8 in Part II, in each case the amount “£90.00”;

(xi)by substituting for the amount “£3.00” shown in relation to Fee No. 6(i) in Part I and Fee No. 9(i) in Part II, in each case the amount “£4.00”;

(xii)by substituting for the amount “£0.75” shown in relation to Fee No. 6(ii) in Part I and Fee No. 9(ii) in Part II, in each case the amount “£1.00”;

(xiii)by substituting in the description of proceeding in relation to Fee No. 8 in Part I for the figure “141(5)” the word and figures “141(4) or (5)” and for the word “creditors'” the word “liquidation”;

(xiv)by substituting for the amount “£21.00” shown in relation to Fee No. 8 in Part I and Fee No. 11 in Part II, in each case the amount “£27.00”;

(xv)by substituting for the amount “£0.50” shown in relation to Fee No. 9 in Part I and Fee No. 12 in Part II, in each case the amount “£0.65”;

(xvi)by substituting for the amount “£27.50” shown in relation to Fee No. 1 in Part II the amount “£35.00”;

(xvii)by substituting for the amount “£245.00” shown in relation to Fee No. 2 in Part II the amount “£320.00”;

(xviii)by deleting Fee No. 7 in Part I and Fee No. 10 in Part II.

Mackay of Clashfern, C.

4th March 1991

We concur,

Sydney Chapman

Irvine Patrick

Two of the Lords Commissioners of Her Majesty’s Treasury

5th March 1991

Explanatory Note

(This note is not part of the Order)

This Order further amends the Insolvency Fees Order 1986 with effect from 2nd April 1991. It increases broadly in line with inflation certain fees and the deposits set out in the Schedule to that Order which are to be charged in company and individual insolvency proceedings in England and Wales to which the Insolvency Act 1986 applies. The Order also sets a fee for the official receiver’s attendance or report in respect of an application to stay winding-up proceedings, and in respect of an application by the official receiver to the Secretary of State to exercise the powers of a liquidation committee where a winding-up order has been made by the court. The Order deletes the fee payable in respect of the insertion in the Gazette by the Secretary of State or the official receiver of notices authorised under the Act or the Insolvency Rules 1986.

(2)

S.I. 1986/2030, amended by S.I. 1988/95 and 1990/560.

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