INSOLVENCY, ENGLAND AND WALES Citation and commencement 1 1 These Rules may be cited as the Insolvency (Amendment) Rules 2003. 2 This Rule and Rules 2, 3, 4 (and Part 1 of Schedule 1), 5 (and Part 2 of Schedule 1), 6 (and Part 3 of Schedule 1), 7 (and Part 4 of Schedule 1), 11 (and Part 8 of Schedule 1, save for the amendment to Rule 7.50), 12 (and Part 9 of Schedule 1), 13 (and paragraphs 65 and 66 of Part 10 of Schedule 1), 14(1)(a), 14(1)(b), 14(1)(e), 14(2)(a) (and Part A of Schedule 2), 14(2)(b) (and Part B of Schedule 2 to the extent only of Form 12.1), 14(2)(c)(i) (and Part C of Schedule 2 to the extent only of those Forms identified in Rule 14(2)(c)(i)), 14(3) and 15 shall come into force on 15th September 2003. 3 The remainder of these Rules and Parts of Schedules shall come into force on 1st April 2004. Interpretation 2 1 In these Rules references to the “ principal Rules ” are to the Insolvency Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules. 2 These Rules shall be construed as one with the principal Rules. 3 References in these Rules to “the first commencement date” are to the date referred to in paragraph (2) of Rule 1 and to “the second commencement date” are to the date referred to in paragraph (3) of Rule 1. 4 A reference to a “ pre-commencement bankruptcy ” is a reference to a bankruptcy where the bankruptcy order was made before the second commencement date and the bankrupt does not receive his discharge before that date. Amendment to Introductory Provisions 3 For paragraph (2) of Rule 0.3 there is substituted— 2 Rule 3.1 applies to all receivers to whom Part III of the Act applies, Rule 3.39 and 3.40 apply to all receivers who are not administrative receivers, and the remainder of Part 3 of the Rules applies to administrative receivers appointed otherwise than under section 51 (Scottish Receivership). . Amendments to Part 1 of the principal Rules 4 Part 1 of the principal Rules has effect subject to the amendments set out in Part 1 of Schedule 1 to these Rules. Amendments to Part 2 of the principal Rules 5 1 Subject to paragraphs (2), (3) and (4), for Part 2 of the principal Rules there are substituted the provisions set out in Part 2 of Schedule 1 to these Rules. 2 The provisions of Part 2 of Schedule 1 to these Rules shall not apply and Part 2 of the principal Rules as it stood before the coming into force of these Rules shall continue to apply, where a petition for an administration order has been presented to the court before the first commencement date. 3 The former Rules shall continue to apply (with or without modification made by or under any enactment) where a provision made by or under any enactment preserves the continuing operation (with or without modification) after the first commencement date of old Part II of the Act and in such a case the provisions of Part 2 of Schedule 1 to these Rules shall not apply. 4 In paragraph (3) “the former Rules” means the Insolvency Rules 1986 without the amendments made by these Rules and “ old Part II ” means Part II of the Act without the amendments made by the Enterprise Act 2002 . Amendments to Part 3 of the principal Rules 6 Part 3 of the principal Rules has effect subject to the amendments set out in Part 3 of Schedule 1 to these Rules. Amendments to Part 4 of the principal Rules 7 Part 4 of the principal Rules has effect subject to the amendments set out in Part 4 of Schedule 1 to these Rules. Amendments to Part 5 of the principal Rules 8 Part 5 of the principal Rules has effect subject to the amendments set out in Part 5 of Schedule 1 to these Rules. Amendments to Part 6 of the principal Rules 9 1 Subject to paragraphs (2) and (3), Part 6 of the principal Rules has effect subject to the amendments set out in Part 6 of Schedule 1 to these Rules. 2 Rule 6.50 of the principal Rules shall continue to have effect and the amendment to Rule 6.50 in paragraph 34 of Part 6 of Schedule 1 to these Rules shall not have effect in relation to a pre-commencement bankruptcy where a certificate of summary administration has been issued under section 275. 3 In relation to a pre-commencement bankruptcy— a Rule 6.212A shall continue to have effect; b Rules 6.213 and 6.214 of the principal Rules shall continue to have effect without the amendments made by paragraphs 44 and 45 of Part 6 of Schedule 1 to these Rules; c Rule 6.214A as inserted by paragraph 46 of Part 6 of Schedule 1 to these Rules shall not apply. 4 Rules 6.215 and 6.216 as set out in paragraphs 47 and 48 of Part 6 of Schedule 1 to these Rules shall have effect in relation to pre-commencement bankruptcies in the same way as they apply to post-commencement bankruptcies. New Part 6A of the principal Rules 10 After Rule 6.251 of the principal Rules there is inserted the provisions set out in Part 7 of Schedule 1 to these Rules. Amendments to Part 7 of the principal Rules 11 Part 7 of the principal Rules has effect subject to the amendments set out in Part 8 of Schedule 1 to these Rules. Amendments to Part 12 of the principal Rules 12 Part 12 of the principal Rules has effect subject to the amendments set out in Part 9 of Schedule 1 to these Rules. Amendments to Part 13 of the principal Rules 13 Part 13 of the principal Rules has effect subject to the amendments set out in Part 10 of Schedule 1 to these Rules. Amendments to Schedule 4 to the principal Rules 14 1 In the index to forms in Schedule 4 to the principal Rules— a for the entries (including the form number) set out under the heading “Part 2: ADMINISTRATION PROCEDURE” there are substituted the following entries— 2.1B Administration application 2.2B Statement of proposed administrator 2.3B Affidavit of service of administration application 2.4B Administration order 2.5B Notice of intention to appoint an administrator by holder of qualifying floating charge 2.6B Notice of appointment of an administrator by holder of qualifying floating charge 2.7B Notice of appointment of an administrator by holder of qualifying floating charge (For use in pursuance of Rule 2.19 of the Insolvency Rules 1986) 2.8B Notice of intention to appoint an administrator by company or director(s) 2.9B Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has been issued) 2.10B Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has not been issued) 2.11B Notification of appointment of administrator (for newspaper and London Gazette) 2.12B Notice of administrator’s appointment 2.13B Notice requiring submission of a statement of affairs 2.14B Statement of affairs 2.15B Statement of concurrence 2.16B Notice of statement of affairs 2.17B Statement of administrator’s proposals 2.18B Notice of extension of time period 2.19B Notice to attend meeting of creditors 2.20B Notice of a meeting of creditors 2.21B Creditor’s request for a meeting 2.22B Statement of administrator’s revised proposals 2.23B Notice of result of meeting of creditors 2.24B Administrator’s progress report 2.25B Notice of conduct of business by correspondence 2.26B [Amended] Certificate of constitution of creditors' committee 2.27B Notice by administrator of a change in committee membership 2.28B Notice of order to deal with charged property 2.29B Affidavit of debt 2.30B Notice of automatic end of administration 2.31B Notice of extension of period of administration 2.32B Notice of end of administration 2.33B Notice of court order ending administration 2.34B Notice of move from administration to creditors' voluntary liquidation 2.35B Notice of move from administration to dissolution 2.36B Notice to registrar of companies in respect of date of dissolution 2.37B Notice of intention to resign as administrator 2.38B Notice of resignation by administrator 2.39B Notice of vacation of office by administrator 2.40B Notice of appointment of replacement/additional administrator ; b for the entry relating to Form 4.12 there is substituted “Order for Winding Up by the Court following upon the cessation of the appointment of an administrator”; c after the entry for Form 5.5 there are inserted the following form numbers and titles— 5.6 Voting form in relation to a proposal for a voluntary arrangement under section 263A of the Insolvency Act 1986 5.7 Order of annulment under section 261 of the Insolvency Act 1986 5.8 Order of annulment under section 263D of the Insolvency Act 1986 ; d after the entry for Form 6.80 there are inserted the following form numbers and titles— 6.81 Variation of income payments agreement under section 310A of the Insolvency Act 1986 6.82 Notice under section 279(2) of the Insolvency Act 1986 6.83 Notice to interested parties of a dwelling-house falling within section 283A of the Insolvency Act 1986 6.84 Certificate issued pursuant to Rule 6.237B(1) of the Insolvency Rules 1986 ; e after the entries relating to Part 9 there shall be inserted the following heading and entry— PART 12: MISCELLANEOUS AND GENERAL 12.1 Notice to the Registrar of Companies in respect of order under section 176A . 2 Subject to paragraphs (3) and (4), in Schedule 4 to the principal Rules— a for Forms 2.1 to 2.23 there are substituted the Forms 2.1B to 2.40B as set out in Part A of Schedule 2 to these Rules; b the Forms set out in Part B of Schedule 2 to these Rules are inserted as Forms 5.6, 5.7, 5.8, 6.81, 6.82, 6.83, 6.84 and 12.1; c for Forms— i 3.2, 4.12, 4.17, 4.18, 4.19, 4.52, 5.2, 6.1, 6.2, 6.3 and 6.25; and ii 5.4, 6.30, 6.72, 6.73 and 6.79A there are substituted the forms so numbered as set out in Part C of Schedule 2 to these Rules; and d Form 6.31 is omitted. 3 In any case to which paragraphs (2), (3) or (4) of Rule 5 of these Rules applies, paragraph (2)(a) and paragraph (2)(c)(i) (but only insofar as it relates to Form 4.12) of this Rule shall not apply and the forms prescribed for use by the principal Rules as they stood before the coming into force of these Rules shall continue to be used. 4 In any case to which Rule 9(2) of these Rules applies, paragraph (2)(d) of this Rule shall not apply and the forms prescribed for use by the principal Rules as they stood before the coming into force of these Rules shall continue to be used. Amendments to Schedule 5 to the principal Rules 15 1 In Schedule 5 to the principal Rules— a for the entry in column 1 relating to “Rule 2.52(4)” there is substituted “Rule 2.47(6)”; b after that entry there are inserted the following entries— Rule 2.111(3): Administrator failing to file a notice of automatic end of administration; summary; one-fifth of the statutory maximum; one-fiftieth of the statutory maximum ; Rule 2.129(2): Administrator’s duties on vacating office; summary; one-fifth of the statutory maximum; one-fiftieth of the statutory maximum . 2 The provisions of this Rule shall not apply and Schedule 5 to the principal Rules as it stood before the coming into force of these Rules shall continue to apply in any case to which paragraphs (2), (3) or (4) of Rule 5 of these Rules applies. Falconer of Thoroton C. 30th July 2003 I concur, on behalf of the Secretary of State, Nigel Griffiths, Parliamentary Under-Secretary of State for Small Business and Enterprise, Department of Trade and Industry 8th August 2003