The Insolvency Proceedings (Fees) (Amendment) Order 2009

• Citation: S.I. 2009/645
• Sections: 7

Section 1 Citation and commencement and interpretation

This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2009 and comes into force on 6th April 2009.

Section 2 Citation and commencement and interpretation

In this Order, “the principal Order ” means the Insolvency Proceedings (Fees) Order 2004 .

Section 3 Amendments to the Insolvency Proceedings (Fees) Order 2004

Subject to article 7 of this Order, the principal Order is amended as set out in articles 4 to 6 of this Order.

Section 4 Amendments to the Insolvency Proceedings (Fees) Order 2004

(1) In article 4—

(a) in the heading after “bankruptcies,” insert “debt relief orders,”;

(b) in paragraph (1), after “in respect of” insert “the costs of persons acting as approved intermediaries under Part 7A of the Act,”; and

(c) in paragraph (4), for “a fee of £50” substitute “the appropriate amount of fee INV1”.

(2) In article 5, for “£345” substitute “£360”.

(3) In article 6(1), in the definition of “appropriate deposit”—

(a) in sub-paragraph (a), for “£690” substitute “£715”;

(b) in sub-paragraph (b), for “£345” substitute “£360”;

(c) in sub-paragraph (c), for “£415” substitute “£430”.

(4) In article 7(1), for “£310”, substitute “£315”.

Section 5 Amendments to the Insolvency Proceedings (Fees) Order 2004

In Schedule 2, in paragraph 1(1), immediately after the definition of “chargeable receipts” insert—

“excepted bankruptcy” means a bankruptcy where the bankruptcy order was made on or before 31st March 2005;

“excepted winding-up” means a winding up by the court of a company where the winding up order was made on or before 31st March 2005;

Section 6 Amendments to the Insolvency Proceedings (Fees) Order 2004

(1) In Schedule 2, the Table of Fees is amended as follows.

(2) In respect of the fee designated as IVA1, for “£10” prescribed as the amount of that fee, substitute “£15”.

(3) In respect of the fee designated as B2, in the description of fee and circumstances in which it is charged in the second column insert after “bankruptcy ceiling” (and within the brackets) “and receipts which on or after 6th April 2009 relate to an excepted bankruptcy”.

(4) Immediately before the heading “Fees payable in relation to winding up by the court only”, insert—

Fees payable in relation to debt relief orders

(5) In respect of the fee designated as W2, in the description of fee and circumstances in which it is charged in the second column insert after “£2000” (and within the brackets) “and receipts which on or after 6th April 2009 relate to an excepted winding up”.

(6) In respect of fee INV1, substitute—

in respect of a purchase, where the cost of the securities (including accrued interest, if any)—

does not exceed £5,000, a fee of—

exceeds £5,000, a fee of—

in respect of a sale, where the proceeds of sale of the securities (including accrued interest, if any) exceed £5,000, a fee of—

Section 7 Transitional provisions

(1) The amendments made by this Order shall apply as follows.

(2) The amendment made by article 4(1)(c) to article 4(4) of the principal Order increasing the fee with respect to the purchase of government securities and introducing a fee for the sale of government securities by a trustee in bankruptcy under the Bankruptcy Act 1914 or a liquidator in a winding up under the provisions of the Companies Act 1985, shall only apply where the request to purchase or sell is made on or after 6th April 2009 and, in the case of a sale, only where the request to purchase the securities which are to be sold was also made after on or after 6th April 2009.

(3) The amendment made by article 4(2) to article 5 of the principal Order shall only apply to reports submitted to the court in respect of debtor’s petitions presented on or after 6th April 2009.

(4) The amendments made by article 4(3), increasing the amounts of appropriate deposit prescribed by article 6 of the principal Order, shall only apply to petitions presented on or after 6th April 2009.

(5) The amendment made by article 4(4), increasing the amount of security deposit prescribed by article 7(1) of the principal Order, shall only apply to notifications sent to the official receiver on or after 6th April 2009.

(6) The amendment made by article 6(2) to fee IVA1 shall only apply to a voluntary arrangement under Part 8 of the Insolvency Act 1986 in respect of which information required to be submitted to the Secretary of State by virtue of Part 5 of the Insolvency Rules 1986 is first submitted in relation to that arrangement on or after 6th April 2009.

(7) The amendment made by article 6(6) to fee INV1, increasing the fee for the purchase of government securities and introducing a fee for the sale of government securities, shall only apply where the request to purchase or sell is made on or after 6th April 2009 and, in the case of a sale, only where the request to purchase the securities which are to be sold was also made on or after 6th April 2009.