OpenLegislation

Paragraph 65 I1I2

England and Wales

(1)

Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows.

(2)

After paragraph 4 insert—

“Adjudicators

4A

Provision for regulating the practice and procedure of adjudicators in the discharge of functions for the purposes of Part 9 of this Act.

4B

Provision about the form and content of a bankruptcy application (including an application for a review of an adjudicator's determination).”

(3)

After paragraph 4B (as inserted by sub-paragraph (2)) insert—

“Appeals against determinations by adjudicators

4C

Provision about the making and determining of appeals to the court against a determination by an adjudicator, including provision—

(a)

enabling the court to make a bankruptcy order on such an appeal, and

(b)

about where such appeals lie.”

(4)

After paragraph 24 insert—

“24A

Provision requiring adjudicators—

(a)

to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications,

(b)

to make files and records available for inspection by persons of a prescribed description, and

(c)

to provide files and records, or copies of them, to persons of a prescribed description.

24B

Provision requiring an adjudicator to make returns to the Secretary of State of the adjudicator's business under Part 9 of this Act.

24C

Provision requiring official receivers—

(a)

to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications, and

(b)

to make files and records available for inspection by persons of a prescribed description.

24D

Provision requiring a person to whom notice is given under section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—

(a)

to keep files and other records of notices given under the section in question, and

(b)

to make files and records available for inspection by persons of a prescribed description.”

Annotations

Commencement

I1

Sch. 19 para. 65 partly in force; sch. 19 para. 65 in force for specified purposes at Royal Assent, see s.103(1)(i)

I2

Sch. 19 para. 65 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)