The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017

Schedule 1, which amends Acts of Parliament, has effect.

Schedule 2, which amends subordinate legislation, has effect.

the Railway Administration Order 2001^f1;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Energy Act 2004^f2;

the Energy Administration Rules 2005^f3;

the PPP Administration Order Rules 2007^f4;

the Water Industry (Special Administration) Rules 2009^f5;

the Energy Act 2011^f6;

the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012^f7;

the Energy Supply Company Administration Rules 2013^f8; and

the Postal Administration Rules 2013^f9.

omit the entry for the Insolvency Rules 1986; and

insert in the relevant place—

“

S.I. 2016/1024

Insolvency (England and Wales) Rules 2016

The whole instrument except rules 7.7, 7.30, 7.106, 10.11, 10.103 and 12.19

”.

The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987^f1 are amended as follows.

For rule 1(2)(e), substitute—

“(e)

“registrar” has the same meaning as in rule 1.2(2) of the Insolvency (England and Wales) Rules 2016, and”

In rule 2—

The Insolvency Regulations 1994^f1 are amended as follows.

In regulation 3(1) (interpretation and application), in the definition of “the Rules”, for “the Insolvency Rules 1986” substitute “The Insolvency (England and Wales) Rules 2016”.

In regulation 14(3), for “rule 4.125(5)” in each of the places it appears substitute rules “7.69 and 7.70”.

In regulation 17(1), omit “whether the winding up has been concluded under Rule 4.223 or not,”.

In regulation 28(3), for “Rule 6.137(5)”, in the two places in which it appears, substitute “rule 10.87(7)”.

The Contracting Out (Functions of the Official Receiver) Order 1995^f1 is amended as follows.

In rule 2(1) (interpretation)—

In the Schedule—

Omit paragraph 11.

In paragraph 14—

Omit paragraph 21.

The Insurers (Winding Up) Rules 2001^f1 are amended as follows.

In rule 2(1), in the definition of “the principal rules,” for “the Insolvency Rules 1986” substitute “the Insolvency (England and Wales) Rules 2016”.

In rule 19, for “rule 4.207 of the principal rules (security) applies” substitute “rules 5.18 (security by the liquidator and special manager in a members’ voluntary winding up), 6.38 (security in a creditors’ voluntary winding up) and 7.94 (winding up by the court) of the principal rules apply”.

In rule 23(2) (dividends for creditors), for “Part II” substitute “Part III”.

In rule 26(1), for “rule 4.218 of the principal rules (general rule as to priority) applies” substitute “rules 6.42 (general rule as to priority in a creditors’ winding up) and 7.108 (general rule as to priority in a winding up by the court) of the principal rules apply”.

The Pension Protection Fund (Entry Rules) Regulations 2005^f1 are amended as follows.

In regulation 1 (citation, commencement and interpretation), paragraph 3, omit the definition of “the Insolvency Rules”.

In regulation 5(1)(a)(iii) (prescribed insolvency events), for “Rule 2.132 of the Insolvency Rules (conversion of administration to winding up – power of court)” substitute “rule 21.3 of the Insolvency (England and Wales) Rules 2016 (conversion into winding up proceedings or bankruptcy: court order)”.

In regulation 5(1)(aa)(i) (prescribed insolvency events), for “Insolvency Rules” substitute “Insolvency Rules 1986”.

In regulation 6(1)(a)(iii) (circumstances in which insolvency proceedings in relation to the employer are stayed or come to an end), for “Rule 2.132 of the Insolvency Rules (conversion of administration to winding up – power of court)” substitute “rule 21.3 of the Insolvency (England and Wales) Rules 2016 (conversion into winding up proceedings or bankruptcy: court order)”.

In regulation 6(1)(c)(iii)(bb), for “the Insolvency Rules” substitute “the Insolvency Rules 1986”.

The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011^f1 is amended as follows.

In the table in Schedule 2^f2—

The Compensation Orders (Disqualified Directors) Proceedings (England and Wales) Rules 2016^f1 are amended as follows.

In rule 1(3) (citation, commencement and interpretation), for the entry for “registrar,” substitute—

• ““registrar” has the same meaning as in rule 1.2(2) of the Insolvency (England and Wales) Rules 2016”

For rule 3 (form and conduct of applications), sub-paragraph (5) substitute—

“(5)

Rule 12.49 (appeals and reviews of court orders in corporate insolvency) and rule 12.61 (procedure on appeal) of the Insolvency (England and Wales) Rules 2016 apply to applications under these rules.”