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Rule 12.36 Power to make a block transfer orderC1C2

(1)

This rule applies where an office-holder (‘the outgoing office-holder’)—

(a)

dies;

(b)

retires from practice; or

(c)

is otherwise unable or unwilling to continue in office;

and it is expedient to transfer some or all of the cases in which the outgoing office-holder holds office to one or more office-holders (‘the replacement office-holder’) in a single transaction.

(2)

In a case to which this rule applies the court has the power to make an order (‘a block transfer order’) appointing a replacement office-holder in the place of the outgoing office-holder to be—

(a)

liquidator in any winding up (including a case where the official receiver is the liquidator by virtue of section 136) M1;

(b)

administrator in any administration;

(c)

trustee in a bankruptcy (including a case where the official receiver is the trustee by virtue of section 300 M2); F1...

(d)

supervisor of a CVA or an IVA F2; or

F3(e)

a monitor in respect of a moratorium under Part A1 of the Act.

(3)

The replacement office-holder must be—

(a)

qualified to act as an insolvency practitioner in relation to the company or bankrupt; or

(b)

where the replacement office-holder is to be appointed supervisor of an IVA—

(i)

qualified to act as an insolvency practitioner in relation to the debtor, or

(ii)

a person authorised so to act.

Annotations

Textual amendments

F1

Word in rule 12.36(2)(c) omitted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(a) (with rules 4, 5)

F2

Words in rule 12.36(2)(d) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(b) (with rules 4, 5)

F3

Rule 12.36(2)(e) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 48(c) (with rules 4, 5)

Marginal citations

M1

Section 136(4), (5)(a) and (c) and (6) are amended by paragraph 31 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).

M2

Section 300(4) and (8)_ is amended, (3) is substituted and (3A) is inserted by paragraph 79 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).

Modifications

C1

Rule 12.36 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

C2

Rules 12.35-12.38 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)