The Insolvency Proceedings (Fees) (Amendment) Order 2005

• Citation: S.I. 2005/544
• Sections: 6

Section 1 Citation and commencement

(1) This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2005 and shall come into force on 1 st April 2005 (“the commencement date”).

Section 2 Interpretation

In this Order references to the “principal Order” are to the Insolvency Proceedings (Fees) Order 2004 and a reference in this Order (other than in article 3) to a numbered article or Schedule is to the article or Schedule so numbered in the principal Order.

Section 3 Transitional provision

The amendments made by article 6 of this Order only apply in relation to any case where a winding-up or a bankruptcy order is made on or after the commencement date.

Section 4 Amendments to the principal Order

The principal Order shall be amended as set out in this Order.

Section 5 Amendments to article 6 of the principal Order

In article 6—

(a) in paragraph (1)(c) after the words “sections 264(1)(a),” there is inserted “(ba), (bb),”; and

(b) in paragraph (2) for the words “The deposit” there are substituted “Where a bankruptcy or winding-up petition is presented the appropriate deposit is payable by the petitioner and the deposit”.

Section 6 Amendments to Schedule 2 to the principal Order

In Schedule 2 for paragraph 1(2)(b) there is substituted—

(b) does not include anything done by the official receiver in connection with or for the purposes of—

(i) the appointment of agents for the purposes of, or in connection with, the realisation of assets;

(ii) the making of a distribution to creditors (including preferential or secured creditors or both such classes of creditor);

(iii) the realisation of assets on behalf of the holder of a fixed or floating charge or both types of those charges; or

(iv) the supervision of a special manager.