Explanatory note

These Rules amend the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 (“the principal Rules”) which provide procedures for applications by the Secretary of State or the official receiver for the disqualification of directors by courts in England and Wales under sections 7 and 8 of the Company Directors Disqualification Act 1986.

The amendments come into force on 26th April 1999 to coincide with the coming into force of the Civil Procedure Rules 1998 (“the CPR”) which provide a new code of civil procedure fort the civil courts which replaces the Rules of the Supreme Court 1965 and the County Court Rules 1981.

Although, by rule 2.1 of the CPR the new civil procedure does not apply to proceedings for which rules may be made under section 411 of the Insolvency Act 1986, the principal Rules themselves (as amended by these Rules), apply all the provisions of the CPR and any relevant practice direction, except where the principal Rules make provision to inconsistent effect. Provision is made for the application or disapplication of certain rules of the CPR and for the application of certain of the Insolvency Rules 1986.

Adaptations are also made to take account of changes embodied in the CPR in the expressions used in relation to civil procedure.