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Statutory Instrument

The Insolvency (England and Wales) (Amendment) Rules 2026

Citation
S.I. 2026/561
As at
Sections
25
Section 1Citation, commencement and extent

(1) These Rules may be cited as the Insolvency (England and Wales) (Amendment) Rules 2026.

(2) These Rules extend to England and Wales only.

(3) These Rules come into force on 22nd June 2026.

Section 2Amendments to the Insolvency Rules 2016

The Insolvency (England and Wales) Rules 2016 are amended as follows.

Section 3Amendments to the Insolvency Rules 2016

In rule 1.2 (defined terms)—

(a) for the definition of “judge”, substitute ““ judge ” means an appropriate judge in accordance with any relevant Practice Direction;” ;

(b) in the definition of “Practice Direction” after “the CPR” insert “and includes any practice direction on insolvency proceedings” ;

(c) omit the definition of “registrar”.

Section 4Amendments to the Insolvency Rules 2016

In rule 1.45 (electronic delivery of documents), after paragraph (6) insert—

(7) Electronic delivery does not include delivery by fax.

Section 5Amendments to the Insolvency Rules 2016

In rule 1.46—

(a) for the heading, substitute “Electronic delivery of documents to or by the court” ; and

(b) after paragraph (2), insert—

(3) Where these Rules require more than one copy of a document to be delivered to the court, or by the court to a party, and the document is delivered electronically, only one copy is to be delivered.

Section 6Amendments to the Insolvency Rules 2016

In rule 3.20 (appointment taking place out of court business hours: procedure)—

(a) in paragraph (1), omit sub-paragraph (a) and the “or” after it;

(b) in paragraph (3), omit “telephone number and”;

(c) in paragraph (4)—

(i) omit “telephone number and”;

(ii) for “them”, in both places where it occurs, substitute “it” ;

(d) in paragraph (5), omit sub-paragraph (a) and the “or” after it;

(e) in paragraph (6), omit “fax transmission report or”;

(f) in paragraph (8), omit “faxed or”;

(g) in paragraph (9)—

(i) in sub-paragraph (a), omit “faxed or”;

(ii) in sub-paragraph (b), omit “fax transmission report or”;

(h) in paragraph (10), for sub-paragraph (a) substitute—

(a) the date and time when, according to the appointer’s hard copy of the email, the notice was sent; and

Section 7Amendments to the Insolvency Rules 2016

In rule 3.21(1)(j)(ii) omit “fax transmission report or”.

Section 8Amendments to the Insolvency Rules 2016

In rule 3.22 (appointment taking place out of court business hours: legal effect)—

(a) in paragraph (2)(a), omit “fax transmission or”;

(b) in paragraph (3), omit “fax transmission report or”.

Section 9Amendments to the Insolvency Rules 2016

In rule 3.24(1)—

(a) in sub-paragraph (i)(ii), for “appointment; and” substitute “appointment.” ;

(b) omit sub-paragraph (j).

Section 10Amendments to the Insolvency Rules 2016

In rule 3.25(2)—

(a) in sub-paragraph (j)(ii), for “administrator; and” substitute “administrator.” ;

(b) omit sub-paragraph (k).

Section 11Amendments to the Insolvency Rules 2016

In rule 8.24(2)(c) (report of the creditors' consideration of a proposal), for “main, territorial or non-EU proceedings” substitute “COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply” .

Section 12Amendments to the Insolvency Rules 2016

In rule 9.4 (delivery of application), omit paragraph (4).

Section 13Amendments to the Insolvency Rules 2016

In rule 10.11(1)(a) and (b) (court in which petition is to be presented), for “£50,000” substitute “£500,000” .

Section 14Amendments to the Insolvency Rules 2016

In rule 10.36 (procedure for making a bankruptcy application and communication with the adjudicator), omit paragraph (5).

Section 15Amendments to the Insolvency Rules 2016

In rule 10.87 (vacation of office on completion of bankruptcy (sections 298(8) and 331)), for paragraph (3)(f) substitute—

(f) that the trustee will vacate office under section 298(8) when, after the end of the prescribed period, the trustee—

(i) files with the court a notice that the trustee has given notice to the creditors under section 331, where the bankruptcy is based on a creditor’s petition; or

(ii) delivers to the official receiver a notice that the trustee has given notice to the creditors under section 331, where the bankruptcy is based on a debtor’s application; and

Section 16Amendments to the Insolvency Rules 2016

In rule 12.2 (performance of functions by the court)—

(a) in paragraph (1), for “judge, District Judge or a registrar.” substitute “judge.” ;

(b) in paragraph (2), for “The registrar or District Judge” substitute “A judge” .

Section 17Amendments to the Insolvency Rules 2016

In rule 12.30(7) (general power of transfer)—

(a) in the opening words for “by—” substitute “by a judge.” ; and

(b) omit sub-paragraphs (a) and (b).

Section 18Amendments to the Insolvency Rules 2016

In rule 12.34(5) (consequential transfer of other proceedings), for “registrar”, in both places it occurs, substitute “judge” .

Section 19Amendments to the Insolvency Rules 2016

In rule 12.37 (application for a block transfer order)—

(a) in paragraph (1), for “the registrar or District Judge” substitute “a judge” ;

(b) in paragraph (7)(c), for “registrar or District Judge” substitute “judge” .

Section 20Amendments to the Insolvency Rules 2016

In rule 12.38 (action following application for a block transfer order)—

(a) in paragraph (1), for “The registrar or District Judge”, in the first place where it occurs, substitute “A judge” and in the second “the judge”;

(b) in paragraph (2), in the opening words for “the registrar or District Judge” substitute “a judge” ;

(c) in paragraph (2)(d), for “the registrar or District Judge or a judge of the Chancery Division.” substitute “a judge.” .

Section 21Amendments to the Insolvency Rules 2016

In rule 12.40(3) (office copies of documents), for “registrar or District Judge” substitute “judge” .

Section 22Amendments to the Insolvency Rules 2016

In rule 13.2(2) (persons entitled to act on official receiver's behalf), for “the registrar or District Judge.” substitute “a judge.” .

Section 23Amendments to the Insolvency Rules 2016

In rule 14.1(6), for “(4)” substitute “(5)” .

Section 24Amendments to the Insolvency Rules 2016

In rule 18.3(1), omit sub-paragraph (b).

Section 25Amendments to the Insolvency Rules 2016

In rule 18.30(2) (remuneration: exceeding the fee estimate), for sub-paragraphs (a), (b) and (c), substitute—

(a) where the court fixed the basis, to the court;

(b) where there is a committee (unless the court fixed the basis), to the committee;

(c) in other cases where the creditors or a class of creditors fixed the basis, to the creditors or that class of creditors;

25 sections

Cite this legislation

The Insolvency (England and Wales) (Amendment) Rules 2026 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2026-561

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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