# The Insolvency (Amendment) Regulations 2011

S.I. 2011/2203 · made 5 September 2011

These Regulations amend the Insolvency Regulations 1994. The effect of these Regulations is to prevent the payment of monies into the Insolvency Services Account in relation to a voluntary winding up. This is achieved through the omission of Regulation 5(2) of the 1994 Regulations (See paragraph 1 of the Schedule to these Regulations). However, where payments have already been made into the Insolvency Services Account in relation to a voluntary winding up before 1st October 2011, payments may continue to be made into and out of the Insolvency Services Account in relation to that winding up (See Regulation 4 of these Regulations).

Made under: Insolvency Act 1986

## Introductory text

Insolvency
Companies
Made 5th September 2011
Laid before Parliament 8th September 2011
Coming into force 1st October 2011
The Secretary of State, in exercise of the powers conferred upon him by Rule 12.1 of the Insolvency Rules 1986 and section 411 of, and paragraph 27 of Schedule 8 to, the Insolvency Act 1986 hereby makes the following Regulations:

## 1 Citation, commencement and interpretation

These Regulations may be cited as the Insolvency (Amendment) Regulations 2011 and shall come into force on 1st October 2011.

## 2 Citation, commencement and interpretation

In these Regulations “the principal Regulations” means the Insolvency Regulations 1994 and a reference in these Regulations to a numbered regulation is to the regulation so numbered in the principal Regulations.

## 3 Amendments to the principal Regulations

The principal Regulations are amended in accordance with the Schedule to these Regulations.

## 4 Transitional Provisions

The amendments made by this Order do not apply in relation to any voluntary winding up where a payment has been made into the Insolvency Services Account in relation to that winding up before 1st October 2011.

## 5 Revocation

Paragraph 1 of the Schedule to the Insolvency (Amendment) Regulations 2004 is revoked.

## Signature

Edward Davey
Minister of State for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
5th September 2011

## Schedule: AMENDMENTS TO THE INSOLVENCY REGULATIONS 1994

## 1 Amendments to Regulation 5

Omit Regulation 5(2).

## 2 Amendments to Regulation 7

In Regulation 7(A1), for “to (3)” substitute “and (2)”.

## 3 Amendments to Regulation 7

Omit Regulation 7(3).

## 4 Amendments to Regulation 7

In Regulation 7(3A), for “paragraphs (1) to (3)” substitute “paragraph (1) or (2)”.

## 5 Amendments to Regulation 8

In Regulation 8(A1), for “to (3)” substitute “and (2)”.

## 6 Amendments to Regulation 8

Omit Regulation 8(3).

## 7 Amendments to Regulation 8

In Regulation 8(3A), for “paragraphs (1) to (3)” substitute “paragraph (1) or (2)”.

## 8 Amendment to Regulation 9

Omit Regulation 9(8).

## 9 Amendment to Regulation 10

In Regulation 10(2), omit “(including, in the case of a voluntary winding up, those relating to the Insolvency Services Account)”.

## 10 Amendment to Regulation 17

In Regulation 17(1), omit from “and such other particulars” to the end.

## 11 Amendment to Regulation 17

Omit Regulation 17(2).

## Explanatory note

(This note is not part of these Regulations)
These Regulations amend the Insolvency Regulations 1994. The effect of these Regulations is to prevent the payment of monies into the Insolvency Services Account in relation to a voluntary winding up. This is achieved through the omission of Regulation 5(2) of the 1994 Regulations (See paragraph 1 of the Schedule to these Regulations). However, where payments have already been made into the Insolvency Services Account in relation to a voluntary winding up before 1st October 2011, payments may continue to be made into and out of the Insolvency Services Account in relation to that winding up (See Regulation 4 of these Regulations).
Regulations 7 to 10 and 17 of the 1994 Regulations are amended (see paragraphs 2 to 11 of these Regulations) in consequence of the omission of Regulation 5(2).
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Policy Unit, The Insolvency Service, 21 Bloomsbury Street, London WC1B 3QW and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

---
Source: https://www.legislation.gov.uk/uksi/2011/2203 (the official version)
Page: https://openlegislation.uk/insolvency-amendment-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.