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Part 3 Temporary rules: England and WalesC1C2

England and Wales

  1. Introductory
  2. Definition of “the court”
  3. Content of documents relating to the obtaining or extending of a moratorium: general
  4. Authentication of documents relating to obtaining or extending moratorium: general
  5. Notice that directors wish to obtain a moratorium
  6. Proposed monitor's statement and consent to act
  7. Timing of statements for obtaining moratorium
  8. Notice by monitor where moratorium comes into force
  9. Notice that directors wish to extend a moratorium
  10. Extension under section A10 or A11 of the Insolvency Act 1986: notices and statements
  11. Timing of statements for extension under section A10 or A11
  12. Obtaining creditor consent: qualifying decision procedure
  13. Content of application to the court for extension of moratorium
  14. Timing of statements accompanying application to court for extension of moratorium
  15. Notices about change in end of moratorium
  16. Notification by directors of insolvency proceedings etc
  17. Notice of termination of moratorium
  18. Termination of moratorium under section A38(1)(d) of the Insolvency Act 1986
  19. Replacement of monitor or additional monitor: statement and consent to act
  20. Replacement of monitor or additional monitor: notification
  21. Challenge to monitor's remuneration
  22. Challenge to directors' actions: qualifying decision procedure
  23. Priority of moratorium debts etc in subsequent winding up
  24. Priority of moratorium debts etc in subsequent administration
  25. Prescribed format of documents
  26. Delivery of documents
  27. Applications to court
  28. Identification details for a company
  29. Contact details of a monitor or other office-holder
  30. “The England and Wales Insolvency Rules”
  31. Interpretation: general

Annotations

Modifications

C1

Sch. 4 Pts. 1-3 applied in part (with modifications) (E.W.) by S.I. 2012/3013, Sch. 1 para. 1 (as modified (7.7.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) Regulations 2020 (S.I. 2020/710), regs. 1, 5 (with reg. 6)); [Editorial note: The affecting legislation is revoked and this amendment is reversed (13.8.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(2), 2]

C2

Sch. 4 Pts. 1-3 applied in part (with modifications) (E.W.) by S.I. 2012/3013, Sch. 1 para. 1 (as modified (13.8.2020 immediately after the coming into force of S.I. 2020/856, reg. 2) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(3), 6 (with reg. 7))

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (with modifications) (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), regs. 1(1), 5

C2

Sch. 4 applied (with modifications) (E.W.S.) by S.I. 2014/229, arts. 2(5), 11(6), Sch. 4 Pt. 4 (as inserted (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 7(c), 10, 13(g))

C3

Sch. 4 applied (with modifications) (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), regs. 1(1), 6