Paragraph 14 Applications before the court

(1)

F1Subject to paragraph (1A), where an application to court is filed or a petition is presented under the Act or under the 1986 Rules before the commencement date and the court remains seised of that application or petition on the commencement date, the 1986 rules continue to apply to that application or petition.

F2(1A)

Where the 1986 Rules apply by virtue of paragraph (1) they are to apply as though —

(a)

in rules 7.47(2)(a)(ii), (b)(iii) and (c) and 13.2(3A)(a) for “a Registrar in Bankruptcy of the High Court” there were substituted “an Insolvency and Companies Court Judge”, and

(b)

in rule 7.47(5), for the words “Registrar in Bankruptcy of the High Court” both times they appear there were substituted “Insolvency and Companies Court Judge.

(2)

For the purpose of paragraph (1), the court is no longer seised of an application when—

(a)

it makes an order having the effect of determining of the application; or

(b)

in relation to a petition for bankruptcy or winding up when—

(i)

the court makes a bankruptcy order or a winding up order,

(ii)

the court dismisses the petition, or

(iii)

the petition is withdrawn.

(3)

Any application to the court to review, rescind F3, vary or appeal an order made under paragraph F414(2) is to be made in accordance with Part 12 of these Rules.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 14(1) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(c)(i)
F2: Sch. 2 para. 14(1A) inserted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(c)(ii)
F3: Word in Sch. 2 para. 14(3) inserted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(3)
F4: Word in Sch. 2 para. 14(3) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 13(3)