Schedule 3 PUNISHMENT OF OFFENCES UNDER THE RULES

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

Sch. Pt. A Form 4.20 substituded by Insolvency 2023 rule 48(3)
Sch. 3 words substituted by Insolvency 2006 rule 15(1)(a)
Sch. 3 words substituted by Insolvency 2006 rule 15(1)(b)
Sch. Pt. 1 Form 5.2 substituted by Insolvency 2009 Sch.
Sch. Pt. 2 Form 2.01 modified by Insolvency 2009 Sch.
Sch. 3 applied by Bank Insolvency 2009 Sch.
Sch. 3 applied with modifications by rule 58 by Bank Administration 2009 rule 61
Sch. 3 applied by Bank Insolvency 2009 Sch.
Sch. Pt. A Form 2.03B substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 2.08B substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 2.10B substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 2.14B substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 4.02 substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 4.18 substituded by Insolvency 2023 rule 48(3)
Sch. Pt. A Form 4.19 substituded by Insolvency 2023 rule 48(3)

Note: In the fourth and fifth columns of this Schedule, “the statutory maximum” means the prescribed sum under section 32 of the Magistrates' Courts Act 1980 (c.43).

Rule creating offence.	General nature of offence.	Mode of prosecution.	Punishment.	Daily default fine (where applicable).
Rule 1.30.	False representation or fraud for purpose of obtaining members' or creditors' consent to proposal for voluntary arrangement.	1. on indictment.	7 years or a fine, or both.
Rule 1.30.		2. Summary.	6 months or the statutory maximum, or both.
Rule 2.56(4).	Administrator failing to send notification as to progress of administration.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Rule 3.33(5).	Administrative receiver failing to send notification as to progress of receivership.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Rule 5.33.	False representation or fraud for purpose of obtaining creditors' consent to proposal for voluntary arrangement.	1. On indictment.	7 years or a fine, or both
Rule 5.33.		2. Summary.	6 months or the statutory maximum, or both.
Rule 12.20.	False representation of status for purpose of inspecting documents.	1. On indictment.	2 years or a fine, or both.
Rule 12.20.		2. Summary.	6 months or the statutory maximum, or both.

NOTE

The note In square brackets at the end of a Rule does not form part of these Rules "E.R." refers to a corresponding Rule in the Insolvency Rules 1986 which apply in England and Wales.