{
  "url": "https://openlegislation.uk/insolvency-rules-1986/rule-6.30",
  "json_url": "https://openlegislation.uk/insolvency-rules-1986/rule-6.30.json",
  "legislation": "uksi/1986/1925",
  "legislation_title": "The Insolvency Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-1986",
  "path": "rule/6.30",
  "kind": "rule",
  "number": "6.30",
  "heading": "Substitution of petitioner",
  "text": "(1) This Rule applies where a creditor petitions and is subsequently found not entitled to do so, or where the petitioner—\n(a) consents to withdraw his petition or to allow it to be dismissed, or consents to an adjournment, or fails to appear in support of his petition when it is called on in court on the day originally fixed for the hearing, or on a day to which it is adjourned, or\n(b) appears, but does not apply for an order in the terms of the prayer of his petition.\n(2) The court may, on such terms as it thinks just, order that there be substituted as petitioner any creditor who—\n(a) has under Rule 6.23 given notice of his intention to appear at the hearing,\n(b) is desirous of prosecuting the petition, and\n(c) was, at the date on which the petition was presented, in such a position in relation to the debtor as would have enabled him (the creditor) on that date to present a bankruptcy petition in respect of a debt or debts owed to him by the debtor (or in the case of the member State liquidator, owed to creditors in proceedings in relation to which he holds office), paragraphs (a) to (d) of section 267(2) being satisfied in respect of that debt or those debts.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 6.30(2)(c) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 8(3) (with rule 3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 6.30 in force at 29.12.1986, see rule 0.1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted for rule 4.54(5)",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1925/rule/6.30",
    "retrieved_at": "2026-10-29T16:38:55.219722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}