Explanatory note

These Rules amend the Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024) following review of the operation of the Rules since their introduction. The principal changes are as follows.

Rule 3 amends the definition of “judge” to refer to any relevant practice direction and omits the obsolete term “registrar”. Rules 16 to 22 make consequential amendments.

Rules 4, 6, 7, 8,12 and 14 remove references to the delivery of documents by fax, as this method of delivery to the courts and the Insolvency Service is no longer available.

Rule 5 amends the requirements for electronic delivery by providing that where a document is delivered electronically, only one copy need be delivered.

Rule 11 amends the centre of main interests test in rule 8.24(2)(c) to bring rule 8.24 into line with rules 8.3 and 8.19, which were previously amended by the Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146).

Rule 13 increases the financial limit for presenting bankruptcy petitions in the London Insolvency District from £50,000 to £500,000.

Rule 15 corrects rule 10.87(3)(f) to provide that where the bankruptcy was commenced by application to an adjudicator, the trustee’s notice on completion of the bankruptcy is to be given to the official receiver.

Rule 25 amends rule 18.30(2) to clarify that, except where the court fixed the fees estimate for the office-holder’s remuneration, a request for approval to exceed the fees estimate must be approved by the creditors’ committee (if there is one) or the creditors or class of creditors which fixed the estimate.

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

An Explanatory Memorandum has been prepared and is available alongside these Rules at www.legislation.gov.uk.