Committee flags defectively drafted R&I statutory instruments

Committee flags defectively drafted R&I statutory instruments

The Joint Select Committee on Statutory Instruments has scrutinised a number of instruments (SIs) which, it finds, require the special attention of both Houses as they may have been defectively drafted. In particular, the Committee has brought into question seven elements of SIs relating to restructuring and insolvency law.

The seven defects are in relation to the Insolvency (England and Wales) Rules 2016, SI 2016/1024:

  • introductory rule 5
  • inert notes at the start of Chapter 6 of Part 3
  • Rule 4.1(1)
  • Rule 7.109
  • absence of an application provision at the start of Chapter 20 of Part 10
  • Rule 10.158
  • paragraph 35 of Schedule 8

 

Intra vires

The Committee expressed doubt as to whether a provision under Rule 10.36(1) is intra vires, insofar as it fails to cover a possibility of a hard copy bankruptcy application.

For further reading, see: Joint Committee on Statutory Instruments, Sixteenth Report of Session 2016–17.

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About the author:

Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.

Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.