Insolvency PART 1 Introductory Rules Citation and Commencement 1 These Rules may be cited as the Insolvency (England and Wales) (Amendment) Rules 2017 and come into force on 6th April 2017. Extent 2 These Rules extend to England and Wales only. PART 2 Amendments to the Insolvency (England and Wales) Rules 2016 3 The Insolvency (England and Wales) Rules 2016 are amended as follows. Definition of “attendance” and “attend” 4 In rule 1.2, for the definition of “attendance and attend” substitute— “attendance” and “attend” a person attends, or is in attendance at, a meeting who is present or attends remotely in accordance with section 246A or rule 15.6, or who participates in a virtual meeting, whether that person attends the meeting or virtual meeting in person, by proxy, or by corporate representative (in accordance with section 434B or section 323 of the Companies Act, as applicable); . Delivery to the creditors and opting out 5 In rule 1.37(1), for “(where the opt out applies)” substitute “unless the opt out does not apply”. Registrar of companies: covering notices 6 1 In rule 1.20(1)(k) for “7.68(3)(b)” substitute “7.67(3)(b)”. 2 In rule 1.20(1)(l) for “7.69(4)(b)” substitute “7.68(4)(b)”. 3 In rule 1.20(m)(iv) for “6A” substitute “(6A)”. Requisition of physical meeting by creditors 7 For rule 2.31(3), substitute— 3 A notice summoning a meeting of the creditors must be delivered to the creditors at least seven days before the day fixed for the meeting. . Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1 8 1 In rule 2.38(1), after “report” insert “or reports as the case may be”. 2 In rule 2.38(2)(b), after “resolution” insert “or whether they abstained”. 3 In rule 2.38(3), omit the words from “the deadline” to “correspondence) or”. Revocation or suspension of IVA 9 In rule 2.40(4), for “a matter to be considered further” substitute “action to be taken”. Supervisor’s accounts and reports 10 In rule 2.41(8), omit “(2)”. 11 In rule 8.28(7), omit “(3)”. Appointment taking place out of court business hours: content of notice 12 1 In rule 3.21(1)(f)(i), for “from that date” substitute “since notice was given under paragraph 15(1)(a) of Schedule B1”. 2 In rule 3.21(1)(f)(iii) and (iv), after “consent” insert “in writing”. 3 In rule 3.21(1)(h), omit the words “and that a statement of the reasons for stating this in the appointer’s possession”. 4 In rule 3.21(1)(i), after the words “non-EC proceedings” insert “and that a statement of the reasons for stating this is in the appointer’s possession”. Notice of intention to appoint 13 In rule 3.23(4), for “delivered” substitute “sent”. Notice of appointment after notice of intention to appoint 14 In rule 3.24(1)(i)(i), for “from that date” substitute “since notice was given under paragraph 26(1) of Schedule B1”. Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1) 15 For rule 3.29(2)(b)(ii), substitute— ii the requirement to deliver the statement of affairs to the administrator no later than eleven days after receipt of the notice requiring the statement of affairs; . Administrator’s proposals: revisions 16 In rule 3.42, after paragraph (5), insert— 6 A copy of the statement of revised proposals under rule 3.43(3) must be delivered to the registrar of companies not later than five days after the report under rule 3.43(1) is delivered. Receivers or managers appointed under an instrument: acceptance of appointment (section 33) 17 In rule 4.1(1), after the word “applies” in the second place it occurs, insert “(other than those appointed under section 51 (Scottish Receiverships))”. Removal of liquidator by the court 18 In rule 5.7(7)(g)(ii), for “meeting of the company’s creditors” substitute “company meeting”. Application for and appointment of special manager (section 177) 19 In rule 5.17(3)(h), for “177(4)” substitute “177(3)”. 20 In rule 6.37(3)(h), for “177(4)” substitute “177(3)”. 21 In rule 7.93(3)(g), for “177(4)” substitute “177(3)”. Information to creditors and contributories (conversion of members’ voluntary winding up into creditors’ voluntary winding up) 22 In rule 6.13(1)(b), for “6.10” substitute “6.11”. Creditors’ decision on appointment other than at a meeting (conversion from members’ voluntary winding up) 23 In rule 6.12(6), for “deliver” substitute “send”. Appointment by creditors or by the company 24 For rule 6.20(2), substitute— 2 The liquidator’s appointment takes effect from the date of the passing of the resolution of the company or, where the creditors decide to appoint a person who is not the person appointed by the company, from the relevant decision date. . Definition of “approval” and “authorisation” 25 In rule 6.44(1), in the definition of “approval” and “authorisation”, for “176ZA(3)” substitute “176ZA(1)”. General Rule as to Priority 26 For rule 7.108(2), substitute— 2 The expenses of the winding up are payable out of— a assets of the company available for the payment of general creditors, including— i proceeds of any legal action which the liquidator has power to bring in the liquidator’s own name or in the name of the company; ii proceeds arising from any award made under any arbitration or other dispute resolution procedure which the liquidator has power to bring in the liquidator’s own name or in the name of the company; iii any payments made under any compromise or other agreement intended to avoid legal action or recourse to arbitration or to any other dispute resolution procedure; iv payments made as a result of an assignment or a settlement of any such action, arrangement or procedure in lieu of or before any judgment being given or award being made; and b subject as provided in rules 7.111 to 7.116, property comprised in or subject to a floating charge created by the company. Report of the creditors’ consideration of a proposal 27 For rule 8.24(2)(b), substitute— b list the creditors who voted or attended or who were represented at the meeting or decision procedure (as applicable) used to consider the proposal, setting out (with their respective values) how they voted on each resolution or whether they abstained; . Debt Relief Orders, Excluded Debts 28 In rule 9.2(3)— a in sub-paragraph (b), omit “and”; and b for sub-paragraph (c) substitute— and includes any interest on the loan and any penalties or charges incurred in connection with it. . Income Payments Agreements, Interpretation 29 Before rule 10.115 insert— Interpretation 10.114A In this Chapter, the “permitted fee” means the amount which is prescribed for the purposes of section 7(4)(a) of the Attachment of Earnings Act 1971. Annulment, the hearing 30 After rule 10.137(5), insert— 6 The adjudicator is not in any event to be liable for costs arising on an application under section 282. Bankruptcy, general rule as to priority 31 In rule 10.149(a)(i) for the words “the bankrupt” in the second place they occur, substitute “the official receiver or the trustee”. Criminal bankruptcy, application 32 Before rule 10.154 insert— Application 10.153A The rules in this chapter apply to proceedings arising out of criminal bankruptcy orders. . Rules not applying in criminal bankruptcy 33 Omit rule 10.158(a). Appeals and reviews of court orders in corporate insolvency 34 In rule 12.59(2)(b)(iii), after “Registrar in Bankruptcy” insert “of the High Court”. The prescribed decision procedures 35 In rule 15.3(d), omit “or”. Physical meetings, calculation of the value of creditor’s debt 36 In rule 15.6, after (7) insert— 8 For the purpose of determining whether the thresholds under section 246ZE(7) or 379ZA(7) are met, the convener must calculate the value of the creditor’s debt by reference to rule 15.31. . Notices to creditors of decision procedure 37 In rule 15.8(3)— a in sub-paragraph (e), omit “except in the case of a decision in relation to a proposed CVA or IVA,”; b in sub-paragraph (h), after “173(2)” insert “, 174(2)”; and c in sub-paragraph (i), after “section” insert “299(1) or”. Chair at meetings 38 After rule 15.21, insert— 2 However, where a decision on the appointment of a liquidator under rule 6.14(2)(b), 6.14(4) or 6.14(6) is made by a meeting or a virtual meeting, the chair of the meeting must be the convener. Requisite majorities 39 For 15.34(2), substitute— 2 In the case of an administration, a decision is not made if those voting against it include more than half in value of the creditors to whom notice of the decision procedure was delivered who are not, to the best of the convener’s or chair’s belief, persons connected with the company. Blank proxy 40 In rule 16.3— a for paragraph (2) substitute— 2 A blank proxy must state that the creditor, member or contributory named in the document (when completed) appoints a person who is named or identified as the proxy-holder of the creditor, member or contributory. ; b in paragraph (3)(b), omit “and”; c for paragraph (c), substitute— c a statement that the proxy is either— i for a specific meeting, which is identified in the proxy, or ii a continuing proxy for the proceedings; and d if the proxy is for a specific meeting, instructions as to the extent to which the proxy holder is directed to vote in a particular way, to abstain or to propose any resolution. Information about remuneration 41 1 For rule 18.4(1)(e)(i), substitute— i in a case other than a members’ voluntary winding up, the remuneration expected to be charged by the office-holder is likely to exceed the fees estimate under rule 18.16(4) or any approval given, . 2 In rule 18.4(1)(f), for “and” in the first place it occurs, substitute “or”. Progress reports in voluntary winding up: timing 42 1 In rule 18.7(5)— a after the word “after”, insert “a notice is delivered under rule 5.9(1) (members’ voluntary winding up) or after”; b omit the words “94 or”; and c omit the words “to members (members’ voluntary winding up) or”. 2 In rule 18.7(6), for “send” substitute “deliver”. Creditors’ and members’ requests for further information in administration, winding up and bankruptcy 43 1 In rule 18.9(1), after “final report” insert “or account”. 2 In rule 18.9(2), after “report” insert “or account”. Remuneration: procedure for initial determination in an administration 44 In rule 18.18(3), after the word “procedure” insert “except in a case under paragraph (4)”. Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence 45 In paragraph 5(1)(d) of Schedule 2— a omit the word “progress”; b for “section 104A” substitute “sections 93 or 105”. 46 In paragraph 5(2) of Schedule 2, omit subparagraph (j). Savings in respect of final meetings taking place on or after the commencement date 47 In paragraph 6(1)(a)(iii) of Schedule 2— a for “section 94” substitute “sections 94, 106, 146 or 331”; and b omit “prior to dissolution”. Progress reports and statements to the registrar of companies 48 In paragraph 7(2) of Schedule 2, omit “but has not been registered on the commencement date” and “once the notice has been registered”. 49 After paragraph 7(4) of Schedule 2 insert— 5 Where rules 18.6, 18.7 or 18.8 prescribe the periods for which progress reports must be made but before the commencement date an office-holder has ceased to act resulting in a change in reporting period under 1986 rule 2.47(3A), 2.47(3B) 4.49B(5), 4.49C(3), or 6.78A(4), the period for which reports must be made is the period for which reports were required to be made under the 1986 Rules immediately before the commencement date. Service of notice of intention to appoint 50 In the table of requirements for service under paragraph 6 of Schedule 4, in the third column, against the corresponding entries in the first column “3.16 (& para 15 of Sch B1)” and “3.23 (& para 26 of Sch B1)”, for “Claim form” substitute “Other document”. Calculation of time periods 51 In Schedule 5— a for paragraph 2(2)(a)(ii)(aa) substitute— aa the day before the date corresponding to the date in the month on which it begins, or ; and b for paragraph 2(2)(b)(ii)(aa) substitute— aa the day after the date corresponding to the date in the month on which it ends, or . Information to be provided in the bankruptcy application 52 In paragraph 16(c) of Schedule 8, after “is” insert “or was”. Information to be given to creditors 53 In paragraph 15(b) of Schedule 9, after “is” insert “or was”. 54 In paragraph 16 of Schedule 9, for “in relation of” substitute “in relation to”. 55 In paragraphs 17, 18 and 22 of Schedule 9 for “in relation to” substitute “in respect of”. Signed by the authority of the Lord Chancellor Oliver Heald Minister of State Ministry of Justice 9th March 2017 I concur, by the authority of the Lord Chief Justice Geoffrey Vos Chancellor of the High Court 10th March 2017 I concur, on behalf of the Secretary of State Margot James Minister for Small Business, Consumer and Corporate Responsibility Department for Business, Energy and Industrial Strategy 9th March 2017