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Rule 5.16 Applications to the courtF1

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

Any application to court in relation to any matter relating to a voluntary arrangement or a proposal for a voluntary arrangement shall be made in the court in which the nominee’s report was filed.

(2)

Where the debtor intends to apply to the court under section 256A(4)(a) or (b) for the nominee to be replaced, he shall give to the nominee at least 7 days' notice of the application.

(3)

Where the nominee intends to apply to the court under section 256A(4)(b) for his replacement as nominee, he shall give to the debtor at least 7 days' notice of the application.

(4)

No appointment of a replacement nominee shall be made by the court unless there is filed in court a statement by the replacement nominee indicating his consent to act.

Annotations

Textual amendments

F1

Pt. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))