The Insolvency Proceedings (Fees) (Amendment) Order 2010

• Citation: S.I. 2010/732
• Sections: 8

Section 1 Citation, commencement and interpretation

This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2010 and comes into force on 6th April 2010.

Section 2 Citation, 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 8 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

In article 5, for “£360” substitute “£450”.

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

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

(a) in sub-paragraph (a), for “£715” substitute “£1,000”;

(b) in sub-paragraph (b), for “£360” substitute “£450”; and

(c) in sub-paragraph (c), for “£430” substitute “£600”.

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 W1, for “£2,160” substitute “£2,235”.

(3) For the fee designated as B2 substitute—

0% of the first £2,000

100% of the next £1,700 75% of the next £1,500

15% of the next £396,000

1% of the remainder, subject to a maximum of £80,000.

(4) For the fee designated as W2 substitute—

For the performance of the Secretary of State’s general duties under the insolvency legislation in relation to the administration of the affairs of each company which is being wound up by the court, there shall be payable a fee calculated in accordance with the following scale as a percentage of chargeable receipts relating to the company at the rate of---

0% of the first £2,500

100% of the next £1,700

75% of the next £1,500

15% of the next £396,000

1% of the remainder, subject to a maximum of £80,000.

Section 7 Revocation

(1) The definitions “excepted bankruptcy” and “excepted winding-up” in paragraph 1(1) Schedule 2 are revoked.

(2) Article 5 of the Insolvency Proceedings (Fees) (Amendment) Order 2009 is revoked.

Section 8 Transitional provisions

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

(2) The amendment made by article 4 to article 5 of the principal Order applies only to reports submitted to the court in respect of debtor’s petitions presented on or after 6th April 2010.

(3) The amendments made by article 5 to article 6 of the principal Order apply only to petitions presented on or after 6th April 2010.

(4) The amendments made by article 6(2), (3) and (4) to Schedule 2 to the principal Order apply only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.

(5) The revocations made by article 7(1) to Schedule 2 to the principal Order have effect only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.

(6) The revocation made by article 7(2) to the Insolvency Proceedings (Fees) (Amendment) Order 2009 has effect only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.