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The Insolvency (Amendment) Regulations 2024

S.I. 2024/722 · Made 23 May 2024

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

INSOLVENCY, ENGLAND AND WALES

Made 23rd May 2024

Laid before Parliament 29th May 2024

Coming into force 9th January 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 411(5) and 412(4) of the Insolvency Act 1986f1, and Introductory Rule 5 of the Insolvency (England and Wales) Rules 2016f2.

Annotations to the whole text

Footnotes

f1

1986 c.45.

f2

S.I. 2016/1024.

Contents

  1. 1Citation and commencement
  2. 2Extent and application
  3. 3Amendment of the Insolvency Regulations 1994
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Insolvency (Amendment) Regulations 2024 and come into force on 9th January 2025.

2Extent and application

(1)

These Regulations extend to England and Wales.

(2)

These Regulations apply where services are provided by the official receiver or any of their officers on or after 9th January 2025 in relation to anything listed at regulation 35(1) (Official receiver's general remuneration while acting as interim receiver, provisional liquidator, liquidator or trustee) of the Insolvency Regulations 1994f1, irrespective of when the relevant proceedings commenced.

3Amendment of the Insolvency Regulations 1994

For Table 2 and Table 3 in Schedule 2 to the Insolvency Regulations 1994, substitute—

“Table 2

London Rates

Grade according to the Insolvency Service grading structure/Status of OfficialTotal hourly rate £
D/Official Receiver90
C/Deputy Official Receiver / Senior Examiner76
L/Examiner55
B/Administrator / Analyst / Tracer55
A/Administrator48

Table 3

Non-London Rates

Grade according to the Insolvency Service grading structure/Status of OfficialTotal hourly rate £
D/Official Receiver83
C/Deputy Official Receiver / Senior Examiner70
L/Examiner55
B/Administrator / Analyst / Tracer52
A/Administrator43”

Signature

Kevin Hollinrake

Minister of State

Department for Business and Trade

23rd May 2024

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Insolvency Regulations 1994 to increase the hourly rates of remuneration that the official receiver and their officers are entitled to for providing certain services while the official receiver acts as interim receiver, provisional liquidator, liquidator or trustee.

The hourly rates of remuneration payable by virtue of regulation 35 of the Insolvency Regulations 1994 are set out in Tables 2 and 3 in Schedule 2 to the Insolvency Regulations 1994. Regulation 3 substitutes Tables 2 and 3 to increase the hourly rates, removes rates for obsolete grades and refers to singular grades where appropriate to reflect updates to the Insolvency Service grading structure. Where the roles and duties carried out in a grade are comparable to those carried out under the new grade, the hourly rates for officials involved in this work have increased by about 20%. Where there is no direct comparison between the old grade and the new grade under the updated Insolvency Service grading structure, it is not possible to calculate the fee increase.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.