{
  "url": "https://openlegislation.uk/small-business-enterprise-and-employment-act-2015/section-125",
  "json_url": "https://openlegislation.uk/small-business-enterprise-and-employment-act-2015/section-125.json",
  "legislation": "ukpga/2015/26",
  "legislation_title": "Small Business, Enterprise and Employment Act 2015",
  "legislation_url": "https://openlegislation.uk/small-business-enterprise-and-employment-act-2015",
  "path": "section/125",
  "kind": "section",
  "number": "125",
  "heading": "Ability for creditors to opt not to receive certain notices: individual insolvency",
  "text": "(1) The Insolvency Act 1986 is amended as follows.\n(2) For the italic heading before section 379B substitute— “ Giving of notices etc by office-holders ”.\n(3) After section 379B insert—\n“Creditors' ability to opt out of receiving certain notices\n379C (1) Any provision of the rules which requires an office-holder to give a notice to creditors of an individual does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.\n(2) Subsection (1)—\n(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;\n(b) is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).\n(3) Except as provided by the rules, a creditor may participate and vote in a creditors' decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.\n(4) In this section—\n“give” includes deliver, furnish or send;\n“notice” includes any document or information in any other form;\n“office-holder”, in relation to an individual, means—\n(a)where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;\n(b)where an interim receiver of the individual's property is appointed, the interim receiver;\n(c)the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.”\n(4) After section 383 insert—\n““Opted-out creditor”\n383A (1) For the purposes of this Group of Parts “opted-out creditor” in relation to an office-holder for an individual means a person who—\n(a) is a creditor of the individual, and\n(b) in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.\n(2) In this section, “office-holder”, in relation to an individual, means—\n(a) where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;\n(b) where an interim receiver of the individual's property is appointed, the interim receiver;\n(c) the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.”\n(5) In Schedule 9 (provisions capable of inclusion in individual insolvency rules), after paragraph 7 insert—\n“\n7F Provision for enabling a creditor of an individual to elect to be, or to cease to be, an opted-out creditor in relation to an office-holder for the individual (within the meaning of section 383A), including, in particular, provision—\n(a) for requiring an office-holder to provide information to creditors about how they may elect to be, or cease to be, opted-out creditors;\n(b) for deeming an election to be, or cease to be, an opted-out creditor in relation to a particular office-holder for an individual to be such an election also in relation to any other office-holder for the individual.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 125 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 125 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2015/26/section/125",
    "retrieved_at": "2026-10-29T09:06:47.994452+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."
}