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  Consolidation of Secondary Insolvency Legislation - March 2006 (2)

The Insolvency Service project to consolidate and modernise the secondary insolvency legislation, featuring particularly the Insolvency Rules, is progressing with a view to the new legislation coming into force in October 2007. Following meetings and consultation with various stakeholder groups and users to obtain their views on changes to the legislation, the project will address, but not been limited to, the following:

  • Ideas for reducing administrative burdens on users of the legislation, including how to remove unnecessary burdens on office-holders with the aim of reducing costs in administering insolvencies, to provide better returns for creditors. Consideration is now being given to removing requirements to file in court copies of Gazette notices and advertisements relating to insolvency proceedings;

  • Ideas for simplification of the structure and content of the Insolvency Rules, the Insolvent Partnerships Order, the Administration of Insolvent Estates of Deceased Persons Order, the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules and the 6 other statutory instruments covered by the project. Matters now being considered include the provision of an index of definitions contained within the Insolvency Rules in response to user requests, and moving common provisions to Common Parts within the new Rules; 

  •  Ideas for modernisation and innovative change to the legislation, including facilitating greater provision of electronic access to insolvency information held by insolvency practitioners, and facilitating the transmission of insolvency documents electronically as an alternative to postal delivery;

  • Removing obsolete provisions and duplication, for example, deleting provisions in Part 7 of the Insolvency Rules 1986 where those provisions for Court procedure and practice are addressed in the Civil Procedure Rules; 

  • Consultation on an increase in the level of debt required to support a creditor's bankruptcy petition, given that the current £750 debt figure has not been changed since 1986;

  • Reviewing the content and use of all prescribed insolvency forms and the provision of the new prescribed insolvency forms on The Insolvency Service website.

Any enquiries regarding the above should be directed towards Neil Ogilvie, Policy Unit, Area 5.7, 21 Bloomsbury Street, London WC1B 3QW; e-mail Neil.Ogilvie@insolvency.gsi.gov.uk.