The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 1999

• Citation: S.I. 1999/1023
• Sections: 9

Section 1 Citation and commencement

These Rules may be cited as the Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 1999 and shall come into force on 26th April 1999.

Section 2 Interpretation

In these Rules, references to “the principal Rules” are to the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 and unless the context otherwise requires a rule (referred to by number) means the rule so numbered in the principal Rules.

Section 3 Amendment of principal Rules

The principal Rules are amended as set out in the Schedule to these Rules.

Section 1 General Amendments

In all places in which the following expressions occur:

for “applicant” substitute “claimant”;

for “respondent” substitute “defendant”; and

for “summons” substitute “claim form”.

Section 2 Amendment of rule 1 (citation, commencement and interpretation)

In rule 1 of the principal Rules replace paragraph (2) by the following:

(2) In these Rules–

(a) “the Companies Act ” means the Companies Act 1985 ,

(b) “the Company Directors Disqualification Act ” means the Company Directors Disqualification Act 1986,

(c) “ CPR ” followed by a Part or rule by number means that Part or rule with that number in the Civil Procedure Rules 1998 ,

(d) “practice direction” means a direction as to the practice and procedure of any court within the scope of the Civil Procedure Rules,

(e) “registrar” has the same meaning as in paragraphs (4) and (5) of rule 13.2 of the Insolvency Rules 1986 , and

(f) “file in court” means deliver to the court for filing.

Section 3 Amendment of rule 2 (Form of application)

Replace rule 2 of the principal Rules by the following:

Form and conduct of applications

(2)

(1) The Civil Procedure Rules 1998, and any relevant practice direction, apply in respect of any application to which these Rules apply, except where these Rules make provision to inconsistent effect.

(2) An application shall be made by claim form as provided by the relevant practice direction and the claimant must use the CPR Part 8 (alternative procedure for claims) procedure.

(3) CPR rule 8.1(3) (power of the court to order the claim to continue as if the claimant had not used the Part 8 procedure), CPR rule 8.2 (contents of the claim form) and CPR rule 8.7 (Part 20 claims) do not apply.

(4) Rule 7.47 (appeals and reviews of court orders) and rule 7.49 (procedure on appeal) of the Insolvency Rules 1986 apply.

Section 4 Amendment of rule 5 (Service and acknowledgment)

(1) In rule 5 of the principal Rules, replace paragraph (3) by the following:

(3) The claim form served on the defendant shall be accompanied by an acknowledgment of service as provided for by practice direction and CPR rule 8.3(2) (dealing with the contents of an acknowledgment of service) does not apply.

(2) In rule 5(4) of the principal Rules, delete “form of”.

Section 5 Amendment of rule 6 (Evidence)

In rule 6 of the principal Rules, add:

(3) CPR rules 8.5 (filing and serving written evidence) and 8.6(1) (requirements where written evidence is to be relied on) do not apply.

Section 6 Amendment of rule 7 (The hearing of the application)

In rule 7 of the principal Rules, replace paragraph (1) by the following:

(1) When the claim form is issued, the court will fix a date for the first hearing of the claim which shall not be less than 8 weeks from the date of issue of the claim form.