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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Insolvency (Amendment) Rules 2004 No. 584 URL: https://www.bailii.org/uk/legis/num_reg/2004/20040584.html |
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Made | 3rd March 2004 | ||
Laid before Parliament | 8th March 2004 | ||
Coming into force | 1st April 2004 |
(2) In a case to which this Rule applies the liquidator or, as the case may be, the trustee shall continue to be entitled to remuneration on the basis that -
Amendment to Rule 2.55
4.
In paragraph (4) of Rule 2.55 after the word "bankrupt," there is inserted the word "or" and for the words "composition or arrangement with his creditors" there is substituted "bankruptcy restrictions order, bankruptcy restrictions undertaking or interim bankruptcy restrictions order".
Amendment to Rule 2.57
5.
In paragraph (1)(a) of Rule 2.57 omit the words ", or compounds or arranges with his creditors".
Amendment to Rule 3.21
6.
In paragraph (4) of Rule 3.21 after the word "bankrupt," there is inserted "or a disqualified director," and for the words "composition or arrangement with his creditors" there is substituted "bankruptcy restrictions order, bankruptcy restrictions undertaking or interim bankruptcy restrictions order".
Amendment to Rule 3.23
7.
In paragraph (1)(a) of Rule 3.23 omit the words ", or compounds or arranges with his creditors".
Amendment to Rule 4.7
8.
In Rule 4.7 -
Substitution of Rule 4.74
9.
For Rule 4.74 there is substituted -
Amendment to Rule 4.75
10.
For Rule 4.75(1) there is substituted -
Amendment to Rule 4.124
11.
In paragraph (1) of Rule 4.124 for the words "who have proved their debts" there is substituted "of which he is aware".
Amendment to Rule 4.125
12.
In paragraph (1) of Rule 4.125 for the words "who have proved their debts" there is substituted "of which he is aware".
Insertion of new Rule 4.125A
13.
After Rule 4.125 there is inserted -
Amendment to Rule 4.127
14.
For paragraph (6) of Rule 4.127 there is substituted -
Insertion of New Rules 4.127A and 4.127B
15.
After Rule 4.127 there is inserted -
Liquidator's remuneration where he realises assets on behalf of chargeholder
4.127B.
- (1) This Rule applies where the liquidator is not the official receiver and realises assets on behalf of a secured creditor.
(2) Where the assets realised for a secured creditor are subject to a charge which when created was a mortgage or a fixed charge, the liquidator shall be entitled to such sum by way of remuneration as is arrived at by applying the realisation scale set out in Schedule 6 to the monies received by him in respect of the assets realised (including any sums received in respect of Value Added Tax thereon but after deducting any sums spent out of money received in carrying on the business of the company).
(3) Where the assets realised for a secured creditor are subject to a charge which when created was a floating charge, the liquidator shall be entitled to such sum by way of remuneration as is arrived at by -
Amendment to Rule 4.128
16.
Omit Rule 4.128(1).
Amendment to Rule 4.138
17.
Omit Rule 4.138(2).
Amendment to Rule 4.148A
18.
For paragraph (4) of Rule 4.148A there is substituted -
Insertion of new Rule 4.148B
19.
After Rule 4.148A there is inserted -
Amendment to Rule 4.159
20.
In paragraph (4) of Rule 4.159 after the word "bankrupt" there is inserted "or a disqualified director," and for the words "composition or arrangement with his creditors" there is substituted "bankruptcy restrictions order, bankruptcy restrictions undertaking or an interim bankruptcy restrictions order".
Amendment to Rule 4.161
21.
In paragraph (1)(a) of Rule 4.161 omit the words "or compounds or arranges with his creditors".
Amendment to Rule 4.218
22.
In paragraph (1)(c) of Rule 4.218 after the words "under section 414" there are inserted the words "or section 415A".
Amendment to Rule 4.231
23.
In Rule 4.231(3) after "4.125(1) (final meeting)," insert "4.125A(2) (rule on reporting),".
Amendment of Rule 5.43
24.
In Rule 5.43 at the end there is inserted -
(4) It is for the official receiver to decide whether, under this Rule a person is an associate of the debtor for the purposes of paragraph (3)(c) and in relation to this he is entitled to rely on the information provided by the debtor's statement of affairs or otherwise in accordance with this Part of the Rules.".
Amendment to Rule 5.60
25.
In Rule 5.60 -
Amendment to Rule 6.10
26.
For paragraph (2) there is substituted -
Substitution of Rule 6.97
27.
For Rule 6.97 there is substituted -
Amendment to Rule 6.98
28.
- (1) For Rule 6.98(1) there is substituted -
(2) In Rule 6.98(3) after "the trustee" insert "the official receiver, acting as receiver and manager".
Amendment to Rule 6.99
29.
In Rule 6.99(1) after "the trustee" insert "or the official receiver, acting as receiver and manager".
Amendment to Rule 6.136
30.
In paragraph (1) of Rule 6.136 for the words "who have proved their debts" there is substituted "of which he is aware".
Amendment to Rule 6.137
31.
In paragraph (1) of Rule 6.137 for the words "who have proved their debts" there is substituted "of which he is aware".
Insertion of new Rule 6.137A
32.
After Rule 6.137 there shall be inserted -
Amendment to Rule 6.138
33.
For paragraph (6) there is substituted -
Insertion of new Rule 6.138A
34.
After Rule 6.138 there is inserted -
(3) That part of the trustee's remuneration calculated by reference to the realisation scale shall not exceed such sum as is arrived at by applying the realisation scale to such part of the bankrupt's assets as are required to pay the items referred to in paragraph (4).
(4) The items referred to in paragraph (3) are -
(c) fees payable by virtue of any order made under section 415; and
(d) the remuneration of the official receiver.".
Amendment to Rule 6.139
35.
For paragraph (1) there is substituted -
Amendment to Rule 6.146
36.
Omit Rule 6.146(2).
Amendment to Rule 6.156
37.
In paragraph (4) of Rule 6.156 after the word "bankrupt" there is inserted "or a disqualified director," and for the words "composition or arrangement with his creditors" there is substituted "bankruptcy restrictions order, bankruptcy restrictions undertaking or an interim bankruptcy restrictions order".
Amendment to Rule 6.158
38.
In paragraph (1)(a) of Rule 6.158 omit the words "or compounds or arranges with his creditors".
Amendment to Rule 6.213
39.
In Rule 6.213 -
Amendment to Rule 6.214A
40.
For Rule 6.214A(4) there is substituted -
Amendment to Rule 6.224
41.
In paragraph (1)(c) of Rule 6.224 after the words "under section 415" there are inserted the words "or 415A".
Insertion of new Rule 6.237CA
42.
After Rule 6.237C insert -
the period of one month from the date of that notice.".
Amendment to Rule 6.237D
43.
At the end of Rule 6.237D there is inserted -
Amendment to Rule 6A.5
44.
In Rule 6A.5 omit "Subject to paragraph (2),".
Amendment to Rule 6A.6 -
45.
In Rule 6A.6 -
(b) in paragraph (2) for sub-paragraph (a) there is substituted -
Amendments to Schedule 4 of the principal Rules
46.
In Schedule 4 to the principal Rules for Forms 2.8B, 2.9B, 2.11B, 2.25B, 4.25, 5.7, 5.8, 6.28, 6.37, 6.71, 6.79A, 6.82 and 6.84 there shall be substituted the forms so numbered in the Schedule to these Rules.
Insertion of Schedule 6
47.
After Schedule 5 there is inserted -
(i) on the first £5000 or fraction thereof |
20% |
(ii) on the next £5000 or fraction thereof |
15% |
(iii) on the next £90000 or fraction thereof |
10% |
(iv) on all further sums realised |
5% |
(i) on the first £5000 or fraction thereof |
10% |
(ii) on the next £5000 or fraction thereof |
7.5% |
(iii) on the next £90000 or fraction thereof |
5% |
(iv) on all further sums distributed |
2.5%." |
[2] S.I. 1986/1925, amended by S.I. 1987/1919, 1989/397, 1991/495, 1993/602, 1995/586, 1999/359, 1999/1022, 2001/763, 2002/1307, 2002/2712 and 2003/1730.back
[3] S.I. 1994/2507 amended by S.I. 2000/485, S.I. 2001/762, S.I. 2001/3649 and S.I. 2003/1633.back
© Crown copyright 2004