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Paragraph 1

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

(1)

In this Schedule—

  • “the bankruptcy ceiling” means in relation to a bankruptcy, the sum which is arrived at by adding together—

    1. (a)

      the bankruptcy debts required to be paid under the Rules

    2. (b)

      any interest payable by virtue of section 328(4); and

    3. (c)

      the expenses of the bankruptcy as set out in Rule 6.224 other than—

      1. (i)

        any sums spent out of money received in carrying on the business of the bankrupt; and

      2. (ii)

        fee B2 in the Table set out in paragraph 2;

  • “chargeable receipts” means those sums which are paid into the Insolvency Services Account after first deducting any amounts paid into the Insolvency Services Account which are subsequently paid out to secured creditors in respect of their securities or in carrying on the business of the company or the bankrupt; and

  • “the insolvency legislation” means the Insolvency Act 1986f1, the Insolvency Rules 1986f2 and the Insolvency Regulations 1994f3.

(2)

In this Schedule, references to the performance of the “general duties” of the official receiver on the making of a winding-up or bankruptcy order—

(a)

include the payment by the official receiver of any fees, costs or disbursements except for those associated with the realisation of assets or the distribution of funds to creditors; but

(b)

does not include anything done by the official receiver—

(i)

in connection with the appointment of agents for the purposes of, or in connection with, the realisation of assets or

(ii)

anything done in connection with or, for the purposes of, distributing assets to creditors.

Annotations

Footnotes

f1

1986 c. 45.

f2

S.I 1986/1925 amended by S.I. 1987/1919, S.I. 1989/397, S.I. 1991/495, S.I. 1993/602, S.I. 1995/586, S.I. 1999/359, S.I.1999/1022, S.I. 2001/763, S.I. 2002/1307, S.I. 2002/2712 and S.I. 2003/1730.

f3

S.I. 1994/2507 amended by S.I. 2000/485, S.I. 2001/762, S.I. 2001/3649, S.I. 2003/1633 and S.I.2004/ 472.