The Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014

• Citation: S.I. 2014/817
• Sections: 36

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Insolvency (Commencement of Proceedings) and Insolvency Rules 1986 (Amendment) Rules 2014.

(2) They come into force on 22nd April 2014.

(3) In these Rules—

“the Act” means the Insolvency Act 1986;

“ the London insolvency district ” means the insolvency district designated by the London Insolvency District (County Court at Central London) Order 2014 ; and

“the Rules” means the Insolvency Rules 1986 .

Section 2 Commencement of insolvency proceedings under Parts 1 to 7 of the Act

(1) Where section 117 of the Act gives jurisdiction to the County Court in respect of proceedings under Parts 1 to 7 of the Act any such proceedings when they are commenced in the county court may only be commenced in the county court hearing centre which serves the area in which the company’s registered office is situated.

(2) However if the registered office is situated in an area served by a county court hearing centre for which Schedule 1 lists an alternative county court hearing centre then any such proceedings in the county court may only be commenced in the alternative county court hearing centre

(3) For the purposes of this rule a company’s registered office is situated in the place which has been its registered office for the longest during the six months before the presentation of the petition for winding up.

Section 3 Commencement of insolvency proceedings under Parts 7A to 11 of the Act

(1) Proceedings under Parts 7A to 11 of the Act that are allocated in accordance with the Insolvency Rules to the London Insolvency District when they are commenced in the county court may only be commenced in the County Court at Central London.

(2) Elsewhere such proceedings when they are commenced in the County Court may only be commenced in the county court hearing centre determined in accordance with the Rules.

(3) However if the county court hearing centre so determined is one for which Schedule 1 lists an alternative county court hearing centre then such proceedings when they are commenced in the county court may only be commenced in the alternative county court hearing centre.

Section 4 Amendments to the Insolvency Rules 1986

Schedule 2 contains amendments to the Rules.

Section 1 Rule 5A.21 (Court in which applications under section 251M (powers of court in relation to debt relief order) or 251N (inquiry into debtor’s dealings and property) to be made)

(1) Rule 5A.21 is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraph (1)(c) and paragraphs (2), (3) and (4) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraphs (3)(a) and (b) for “the county court for the insolvency district” substitute “the county court hearing centre which serves the insolvency district”.

(5) In paragraph (4)(a) for “court” in each place where it occurs substitute “county court hearing centre”.

(6) In paragraph (5) after “court” insert “and, where the application is made to the county court, the appropriate county court hearing centre”.

Section 2 Rule 6.4 (Application to set aside statutory demand)

(1) Rule 6.4 is amended as follows.

(2) In paragraph (2) after “must be made to the court” insert “or county court hearing centre”.

(3) In paragraph (2A) in the introductory words after “court” in each place where it occurs insert “or hearing centre” and in sub-paragraph (c)(ii) for “the Central London County Court” substitute “the County Court at Central London”.

Section 3 Rule 6.9A (Court in which creditor’s bankruptcy petition to be presented)

(1) Rule 6.9A is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraphs (3), (4) and (5) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraphs (4)(a) and (b) for “the county court for the insolvency district” substitute “the county court hearing centre which serves the insolvency district”.

(5) In paragraphs (6) after “court” in each place where it occurs insert “or county court hearing centre”.

(6) In paragraph (7) after “court” insert “and, where the court is the county court, the appropriate county court hearing centre”.

Section 4 Rule 6.40A (Court in which debtor’s bankruptcy petition to be presented)

(1) Rule 6.40A is amended as follows.

(2) In paragraph (1)(b) for “the Central London County Court” substitute “the County Court at Central London”.

(3) In paragraphs (3), (4) and (5) after “the debtor’s own county court” in each place where it occurs insert “hearing centre”.

(4) In paragraph (6) in the introductory words after “the debtor’s own county court” insert “hearing centre” and in sub-paragraphs (a) and (b) for “court” in each place where it occurs substitute “county court hearing centre”.

(5) In paragraph (7) after “the court” insert “or county court hearing centre”.

(6) In paragraph (8) after “the appropriate court” insert “and, where the court is the county court, the appropriate county court hearing centre”.

Section 5 Rule 7.10C (Application for a block transfer order)

(1) Rule 7.10C is amended as follows.

(2) In paragraph (1)(b) after “the court” insert “or county court hearing centre “.

(3) For paragraph (8)(b) substitute “the identity of the court or county court hearing centre in which the case is currently proceeding”.

(4) In paragraph (10) in the opening words for “in a county court or more than one county court” substitute “the county court”.

(5) In paragraph (10)(a) for “convenient county court having insolvency jurisdiction” substitute “convenient county court hearing centre in which insolvency proceedings of such type may be commenced”.

Section 6 Rule 7.11 (General power of transfer of proceedings between courts)

(1) Rule 7.11 is amended as follows.

(2) In paragraphs (1) and (2) after “county court” in each place where it occurs insert “hearing centre”.

(3) In paragraph (3) substitute “the county court” for “a county court” and for “a court which has jurisdiction to wind up companies” substitute “a county court hearing centre in which proceedings to wind up companies may be commenced under the Act”.

(4) In paragraph (3A) substitute “the county court” for “a county court” and for “a court which has jurisdiction in bankruptcy” substitute “a county court hearing centre in which bankruptcy proceedings may be commenced under the Act”.

(5) In paragraph (4) substitute “the county court” for “a county court” and for “that Court” substitute “the High Court”.

(6) In paragraph (4A) after “county court” in each place in which it appears insert “hearing centre”.

Section 7 Rule 7.12 (Proceedings commenced in wrong court)

(1) Rule 7.12 is amended as follows.

(2) In the opening words and in sub-paragraph (a) and (b) after “court” in each place where it appears insert “or county court hearing centre”.

Section 8 Rule 7.13 (Applications for transfer)

(1) Rule 7.13 is amended as follows.

(2) In paragraph (2) after the second and third “court” insert “or county court hearing centre”.

(3) In paragraph (3) after “court” in each of sub-paragraphs (a) and (b) insert “or county court hearing centre”.

Section 9 Rule 7.14 (Procedure following order for transfer)

(1) Rule 7.14 is amended as follows.

(2) In paragraphs (1) and (2) after “court” in each place where it appears insert “or county court hearing centre”.

(3) In paragraph (3)(a) after “county court” insert “hearing centre” and for “that court” substitute “that hearing centre”.

(4) In paragraph (3)(b) after “county court” insert “hearing centre”.

Section 10 Rule 7.15 (Consequential transfer of other proceedings)

(1) Rule 7.15 is amended as follows.

(2) In paragraph (1)(c) and (4) for “a county court” in each place where it occurs substitute “the county court”.

Section 11 Rule 7.16 (Nomination and appointment of shorthand writers)

(1) Rule 7.16 is amended as follows.

(2) In paragraph (1) substitute “the county court” for “a county court”.

Section 12 Rule 7.19 (Enforcement of court orders)

(1) Rule 7.19 is amended as follows.

(2) In the first sentence of paragraph (2) after “county court” in each place where it appears insert “hearing centre”, for the “primary court” substitute “the primary hearing centre” and for the “secondary court” substitute “the secondary hearing centre”.

(3) For the second sentence in paragraph (2) substitute “This applies whether or not the secondary hearing centre is one in which insolvency proceedings may be commenced under the Act”.

(4) In paragraph (3) for subparagraph (a) substitute “has been brought before a county court hearing centre in which insolvency proceedings may be commenced under the Act”.

Section 13 Rule 7.21 (Warrants (general provisions))

(1) Rule 7.21 is amended as follows.

(2) In paragraph (1) substitute “the county court” for “a county court” and delete the words in brackets.

(3) For paragraph (2)(b) substitute “in the case of a county court hearing centre, the bailiffs”.

Section 14 Rule 7.24 (Execution of warrants outside court’s district)

Rule 7.24 is revoked.

Section 15 Rule 7.35 (Procedure where detailed assessment required)

(1) Rule 7.35 is amended as follows.

(2) In paragraph (6) for “a county court” substitute “the county court”.

Section 16 Rule 7.47 (Appeals and reviews of court orders in corporate insolvency)

(1) Rule 7.47 is amended as follows.

(2) In paragraph (3) for “A county court” substitute “The county court”.

Section 17 Rule 7.52 (Right of audience)

Rule 7.52(1) is amended by substituting for “a county court” the words “the county court”.

Section 18 Rule 12A.28 (Execution overtaken by judgment debtor’s insolvency)

(1) Rule 12A.28 is amended as follows.

(2) In paragraph (3) for the opening words substitute “Where the execution is in a county court hearing centre then if—” and for “that court” in sub-paragraphs (a) and (b) substitute the words “the county court hearing centre in charge of such execution”.

Section 19 Rule 12A.33 (Contents of notices to be gazetted under the Act or Rules)

(1) Rule 12A.33 is amended as follows.

(2) For paragraph (2)(f) substitute “the name of the court or of the hearing centre of the county court and any number assigned to the proceedings by the court or hearing centre”.

Section 20

(1) Schedule 2 is amended as follows.

(2) For the Schedule’s heading “Alternative Courts” substitute the heading “Alternative county court hearing centres”.

(3) In the table for the headings “Debtor’s own county court” and “Nearest full-time court” substitute the headings “Debtor’s own county court hearing centre” and “Nearest full-time hearing centre”.

(4) The following entries in the first column of the table are deleted together with the corresponding entries in the second column—

Aberdare,

Burton on Trent,

Dewsbury,

Kidderminster,

Newbury,

Shrewsbury and

Stourbridge.

Section 21 Form 4.2 (Winding-up petition)

Form 4.2 is amended by inserting in the endorsement after “County Court” the words “hearing centre”.

Section 22 Form 6.1 (Statutory demand for liquidated sum payable immediately)

(1) Form 6.1 is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” substitute “County Court at Central London” and after “County Court” insert “hearing centre”.

Section 23 Form 6.2 (Statutory demand for liquidated sum payable immediately following a judgment etc.)

(1) Form 6.2 is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” in each place where it occurs substitute “County Court at Central London” and in the last sentence of Part A after “County Court” insert “hearing centre”.

(4) In Part C after “County Court” in each place where it occurs insert “hearing centre”,

Section 24 Form 6.3 (Statutory demand for a debt payable at a future date)

(1) Form 6.3 is amended as follows.

(2) In the demand for “Central London County Court” substitute “County Court at Central London”.

(3) In Part A for “Central London County Court” substitute “County Court at Central London” and after “County Court” insert “hearing centre”.

Section 25 Form 6.7 (Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately

(1) Form 6.7 is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”; and

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Section 26 Form 6.8 (Creditor’s petition on failure to comply with a statutory demand for liquidated sum payable at future date)

(1) Form 6.8 is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Section 27 Form 6.9 (Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part)

(1) Form 6.9 is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Section 28 Form 6.10 (Bankruptcy petition for default in connection with voluntary arrangement)

(1) Form 6.10 is amended as follows.

(2) In the section numbered 2—

(a) in the first paragraph for “Central London County Court” substitute “County Court at Central London”.

(b) in the second (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Section 29 Form 6.14 (Application for registration of petition in bankruptcy against an individual under Land Charges Act 1972)

Form 6.14 is amended by inserting after “ County Court ” (where the name of the court is required) “hearing centre”.

Section 30 Form 6.16 (Notice of substituted service of bankruptcy petition)

Form 6.16 is amended by inserting in the title after “County Court” the words “hearing centre”.

Section 31 Form 6.27 (Debtor’s bankruptcy petition)

(1) Form 6.27 is amended as follows.

(2) In the section numbered 2 of the debtor’s statement—

(a) in the second (alternative) paragraph for “Central London County Court” substitute “County Court at Central London”;

(b) in the third (alternative) paragraph after “county court” in each place where it occurs insert “hearing centre”.

Section 32 Form 7.1A (Application notice)

In form 7.1A in the title box for “full name of court and if known, the division or district registry of the court” substitute “full name of the court (and if known, the division or district registry) or of the county court hearing centre”.