Article 6 Deposits – winding up by the court and bankruptcy

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 6(1) word substituted by Insolvency Proceedings (Fees) 2015 art. 2(a)
art. 6(1) word substituted by Insolvency Proceedings (Fees) 2015 art. 2(b)
art. 6(1)(a) words substituted by Insolvency Proceedings (Fees) 2014 art. 2(a)
art. 6(1)(a) word substituted by Insolvency Proceedings (Fees) 2011 art. 2(a)
art. 6(1)(b) word substituted by Insolvency Proceedings (Fees) 2011 art. 2(b)
art. 6(1)(c) word substituted by Insolvency Proceedings (Fees) 2011 art. 2(c)
art 6 am by Insolvency Proceedings (Fees) 2005 arts 4, 5
art 6 am by Insolvency Proceedings (Fees) 2006 art 2
art. 6(1)(a) sum substituted by Insolvency Proceedings (Fees) 2010 art. 5(a)
art. 6(1)(b) sum substituted by Insolvency Proceedings (Fees) 2010 art. 5(b)
art. 6(1)(c) sum substituted by Insolvency Proceedings (Fees) 2010 art. 5(c)
art. 6(a) word substituted by Insolvency Proceedings (Fees) 2008 art. 2(3)(a)
art. 6(b) word substituted by Insolvency Proceedings (Fees) 2008 art. 2(3)(b)
art. 6(c) word substituted by Insolvency Proceedings (Fees) 2008 art. 2(3)(c)
art. 6(1)(aa) added by Insolvency Proceedings (Fees) 2014 art. 2(b)
art. 6(1)(c) sum substituted by Insolvency Proceedings (Fees) 2014 art. 2(c)
art. 6(1) words substituted by Insolvency Proceedings (Fees) 2016 art. 5(a)(i)
art. 6(1) word omitted by Insolvency Proceedings (Fees) 2016 art. 5(a)(ii)
art. 6(1) words inserted by Insolvency Proceedings (Fees) 2016 art. 5(a)(ii)
art. 6(2) words inserted by Insolvency Proceedings (Fees) 2016 art. 5(b)(i)
art. 6(2) words inserted by Insolvency Proceedings (Fees) 2016 art. 5(b)(ii)
art. 6(4) words omitted by Insolvency Proceedings (Fees) 2016 art. 5(c)
art. 6(4A)-(4C) inserted by Insolvency Proceedings (Fees) 2016 art. 5(d)

(1)

In this Article—

“appropriate deposit” means—
1. (a)
  
  in relation to a winding-up petition to be presented under the Act the sum of £620;
2. (b)
  
  in relation to a bankruptcy petition to be presented under section 264(1)(b) the sum of £310; or
3. (c)
  
  in relation to a bankruptcy petition to be presented under sections 264(1)(a), (c) or (d) the sum of £370;
“order” means a winding-up, or as the case may be, bankruptcy order;
“petition” means a winding-up, or as the case may be, bankruptcy petition;
“relevant assets” means the assets of the company or, as the case may be the assets comprised in the estate of the bankrupt; and
“relevant fees” means in relation to winding-up proceedings fee W1 and in relation to bankruptcy proceedings fee B1 together with any fees payable under section 273.

(2)

The deposit shall be security for the payment of the relevant fees and shall be used to discharge those fees to the extent that the relevant assets are insufficient for that purpose.

(3)

Where a deposit is paid to the court, the court shall (except to the extent that a fee is payable by virtue of Article 5) transmit the deposit paid to the official receiver attached to the court.

(4)

A deposit shall be repaid to the person who made it in a case where a petition is dismissed or withdrawn except in the case of a bankruptcy petition where it is required to pay any fees arising under Article 5.

(5)

In any case where an order is made (including any case where the order is subsequently annulled, rescinded or recalled), any deposit made shall be returned to the person who made it save to the extent that the relevant assets are insufficient to discharge the fees for which the deposit is security.