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Note: since the date of drafting this note the Insolvency (England and Wales) (Amendment) Rules 2017, SI 2017/366 were laid before Parliament on 13 March 2017 to come into force on 6 April 2017. This SI makes a number of minor amends to the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 and should be reviewed along with the provisions of IR 2016, SI 2016/1024.
The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 were published and laid before parliament on 25 October 2016. The rules will come in to force on 6 April 2017. This Practice Note is an attempt to summarise the key features of the rules. For further detail the reader is referred to the following sources:
Full text of the IR 2016
The new rules entirely do away with statutory forms for use in insolvency proceedings.
The explanatory notes explain that this is part of a process of ‘future proofing’ the rules by reducing the need for amendments to forms. Instead of statutory forms, the IR 2016, SI 2016/1024, Pt 1 sets out what should be included in various documents and notices. So, for example, IR 2016, SI 2016/1024, r 1.35 sets out the contents of application notices, IR 2016, SI 2016/1024, r 7.5 sets out the prescribed contents of a creditors winding-up petition, IR 2016, SI 2016/1024, r 7.26 sets out the prescribed contents of a contributory’s winding-up petition etc.
The order in which the prescribed information is to appear is defined in IR 2016, SI 2016/1024, r 1.8, and IR 2016, SI 2016/1024, r 1.9 allows variations from prescribed content (except in statutory demands) if the circumstances require or the departure is immaterial.
The transitional provisions acknowledge limited circumstances in
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