SCHEDULE 1 - POWERS OF ADMINISTRATIVE RECEIVERSCHEDULE 2 - POWERS OF A SCOTTISH RECEIVER (ADDITIONAL TO THOSE CONFERRED ON HIM BY THE INSTRUMENT OF CHARGE)(1) Power to take possession of, collect and get in the property of the company and, for that purpose, to take such proceedings as may seem to him expedient.
(2) Power to sell or otherwise dispose of the property of the company by public auction or private contract or, in Scotland, to sell, feu, hire out or otherwise dispose of the property of the company by public roup or private bargain.
(3) Power to raise or borrow money and grant security therefore over the property of the company.
(4) Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.
(5) Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.
(6) Power to refer to arbitration any question affecting the company.
(7) Power to effect and maintain insurances in respect of the business and property of the company.
(8) Power to use the company's seal.
(9) Power to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.
(10) Power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.
(11) Power to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent and power to employ and dismiss employees.
(12) Power to do all such things (including the carrying out of works) as may be necessary for the realisation of the property of the company.
(13) Power to make any payment which is necessary or incidental to the performance of his functions.
(14) Power to carry on the business of the company.
(15) Power to establish subsidiaries of the company.
(16) Power to transfer to subsidiaries of the company the whole or any part of the business and property of the company.
(17) Power to grant or accept a surrender of a lease or tenancy of any of the property of the company, and to take a lease or tenancy of any property required or convenient for the business of the company.
(18) Power to make any arrangement or compromise on behalf of the company.
(19) Power to call up any uncalled capital of the company.
(20) Power to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person indebted to the company and to receive dividends, and to accede to trust deeds for the creditors of any such person.
(21) Power to present of defend a petition for the winding up of the company.
(22) Power to change the situation of the company's registered office.
(23) Power to do all other things incidental to the exercise of the foregoing powers.
SCHEDULE 3 - ORDERS IN COURSE OF WINDING UP PRONOUNCED IN VACATION (SCOTLAND)(1) Power to take possession of , collect and get in the property from the company or a liquidator thereof or any other person, and for that purpose, to take such proceedings as may seem to him expedient.
(2) Power to sell, feu, hire out or otherwise dispose of the property by public roup or private bargain and with or without advertisement.
(3) Power to raise or borrow money and grant security therefor over the property.
(4) Power to appoint a solicitor or accountant or other professionally qualified to assist him in the performance of his functions.
(5) Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.
(6) Power to refer to arbitration all questions affecting the company.
(7) Power to effect and maintain insurances in respect of the business and property of the company.
(8) Power to use the company's seal.
(9) Power to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.
(10) Power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.
(11) Power to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent, and power to employ and dismiss employees.
(12) Power to do all such things (including the carrying out of works), as may be necessary for the realisation of the property.
(13) Power to make any payment which is necessary or incidental to the performance of his functions.
(14) Power to carry on the business of the company or any part of it.
(15) Power to grant or accept a surrender of a lease or tenancy of any of the property, and to take a lease or tenancy of any property required or convenient for the business of the company.
(16) Power to make any arrangement or compromise on behalf of the company.
(17) Power to call up any uncalled capital of the company.
(18) Power to establish subsidiaries of the company.
(19) Power to transfer to subsidiaries of the company the business of the company or any part of it and any of the property.
(20) Power to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person or company indebted to the company and to receive dividends, and to accede to trust deeds for creditors of any such person.
(21) Power to present of defend a petition for the winding up of the company.
(22) Power to change the situation of the company's registered office.
(23) Power to do all other things incidental to the exercise of the powers mentioned in section 55(1) of this Act or above in this Schedule.
PART I - ORDERS WHICH ARE TO BE FINALPART II - ORDERS WHICH ARE TO TAKE EFFECT UNTIL MATTER DISPOSED OF BY INNER HOUSEOrders under section 153, as to the time for proving debts and claims.
Orders under section 195 as to meetings for ascertaining wishes of creditors or contributories.
Orders under section 198, as to the examination of witnesses in regard to the property of affairs of a company.
SCHEDULE 4 - POWERS OF LIQUIDATOR IN A WINDING UPOrders under section 126(1), 130(2) or (3), 147, 227 or 228, restraining or permitting the commencement or the continuance of legal proceedings.
Orders under section 135(5), limiting the powers of provisional liquidators.
Orders under section 108, appointing a liquidator to fill a vacancy.
Orders under section 167 or 169, sanctioning the exercise of any powers by a liquidator, other than the powers specified in paragraphs 1, 2 and 3 of Schedule 4 to this Act.
Orders under section 158, as to the arrest and detention of an absconding contributory and his property.
PART 1 - POWERS EXERCISABLE WITH SANCTIONPART II - POWERS EXERCISABLE WITHOUT SANCTION IN VOLUNTARY WINDING UP, WITH SANCTION IN WINDING UP BY THE COURT(1) Power to pay any class of creditor in full.
(2) Power to make compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim (present or future, certain or contingent, ascertained or sounding only in damages) against the company, or whereby the company may be rendered liable.
(3) Power to compromise, on such terms as may be agreed -
(a) all calls and liabilities to calls, all debts and liabilities capable of resulting in debts, and all claims (present or future, certain or contingent, ascertained or sounding only in damages) subsisting or supposed to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and
(b) all questions in any way relating to or affecting the assets or the winding up of the company,
and take any security for the discharge of any such call, debt, liability or claim and give a complete discharge in respect of it.
PART III - POWERS EXERCISABLE WITHOUT SANCTION IN WINDING UP(4) Power to bring or defend any action or other legal proceeding in the name and on behalf of the company.
(5) Power to carry on the business of the company so far as may be necessary for its beneficial winding up.
(6) Power to sell any of the company's property by public auction or private contract with power to transfer the whole of it to any person or to sell the same in parcels.
(7) Power to do all acts and execute, in the name and on behalf of the company, all deeds, receipts and other documents and for that purpose to use, when necessary, the company's seal.
(8) Power to prove, rank and claim in the bankruptcy, insolvency or sequestration of any contributory for any balance against his estate, and to receive dividends in the bankruptcy, insolvency or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors.
(9) Power to draw, accept, make and indorse any bill or exchange or promissory note in the name and on behalf of the company, with the same effect with respect to the company's liability as if the bill or note had been drawn, accepted, made or indorsed by or on behalf of the company in the course of its business.
(10) Power to raise on the security of the assets of the company any money requisite.
(11) Power to take out in his official name letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot conveniently be done in the name of the company.
In all such cases the money due is deemed, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, to be due to the liquidator himself.
(12) Power to appoint an agent to do any business which the liquidator in unable to do himself.
(13) Power to do all such other things as may be necessary for winding up the company's affairs and distributing its assets.
SCHEDULE 5 - POWERS OF TRUSTEE IN BANKRUPTCY
PART I - POWERS EXERCISABLE WITH SANCTION(1) Power to carry on any business of the bankrupt so far as may be necessary for winding it up beneficially and so far as the trustee is able to do so without contravening any requirement imposed by or under any enactment.
(2) Power to bring, institute or defend any action or legal proceedings relating to the property comprised in the bankrupt's estate.
(3) Power to accept as the consideration for the sale of any property comprised in the bankrupt's estate a sum of money payable at a future time subject to such stipulations as to security or otherwise as the creditors' committee or the court thinks fit.
(4) Power to mortgage or pledge any part of the property comprised in the bankrupt's estate for the purpose of raising money for the payment of his debts.
(5) Power, where any right, option or other power forms part of the bankrupt's estate to make payments or incur liabilities with a view to obtaining, for the benefit of the creditors, any property which the subject of the right, option or power.
(6) Power to refer to arbitration, or compromise on such terms as may be agreed on, any debts, claims or liabilities subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt.
(7) Power to make such compromise or other arrangement as may be thought expedient with creditors, or persons claiming to be creditors, in respect of the bankruptcy debts.
(8) Power to make such compromise or other arrangement as may be thought expedient with respect to any claim arising out of or incidental to the bankrupt's estate made or capable of being made on the trustee by any person or by the trustee on any person.
PART II - GENERAL POWERS
(9) Power to sell any part of the property for the time being comprised in the bankrupt's estate, including the goodwill and book debts of any business.
(10) Power to give receipts for any money received by him, being receipts which effectually discharge the person paying the money from all responsibility in respect of its application.
(11) Power to prove, rank, claim and draw a dividend in respect of such debts due to the bankrupt as are comprised in his estate.
(12) Power to exercise in relation to any property comprised in the bankrupt's estate any powers the capacity to exercise which is vested in him under Parts VIII to XI of this Act.
(13) Power to deal with any property comprised in the estate to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt might have dealt with it.
PART III - ANCILLARY POWERS
(14) For the purposes of, or in connection with, the exercise of any of his powers under Parts VIII or XI of this Act, the trustee may, by his official name -
(a) hold property of every description,
(b) make contracts,
(c) sue and be sued,
(d) enter into engagements binding on himself and, in respect of the bankrupt's estate, on his successors in office,
(e) employ an agent,
(f) execute any power of attorney, deed or other instrument;
and he may do any other act which is necessary or expedient for the purposes of or in connection with the exercise of those powers.
SCHEDULE 6 - THE CATEGORIES OF PREFERENTIAL DEBTS
Category 1 : Debts due to Inland Revenue
(1) Sums due at the relevant date from the debtor on account of deductions of income tax from emoluments paid during the period of 12 months next before that date.
The deductions have referred to are those which the debtor was liable to make under section 204 of the Income and Corporation Taxes Act 1970 (pay as you earn), less the amount of the repayments of income tax which the debtor was liable to make during that period.
(2) Sums due at the relevant date from the debtor in respect of such deductions as are required to be made by the debtor for that period under section 69 of the Finance (No.2) Act 1975 (sub-contractors in the construction industry).
Category 2 : Debts due to Customs & Excise
(3) Any value added tax which is referable to the period of 6 months next before the relevant date (which period is referred to below as "the 6-month period").
For the purposes of this paragraph -
(a) where the whole of the prescribed accounting period to which any value added tax is attributable falls within the 6-month period, the whole amount of that tax is referable to that period; and
(b) in any other case the amount of any value added tax which is referable to the 6-month period is the proportion of the tax which is equal to such proportion (if any) of the accounting reference period in question as falls within the 6-month period ;
and in sub-paragraph (a) "prescribed" means prescribed by regulations under the Value Added Tax Act 1983.
(4) The amount of any car tax which is due at the relevant date from the debtor and which became sue within a period of 12 months next before that date.
(5) Any amount which is due -
(a) by way of general betting duty or bingo duty, or
(b) under section 12(1) of the Betting and Gaming Duties Act 1981 (general betting and pool betting duty recoverable from agent collecting stakes), or
(c) under section 14 of, or Schedule 2 to, that Act (gaming licence duty),
from the debtor at the relevant date and which became due within the period of 12 months next before that date.
Category 3 : Social security contributions
(6) All sums which on the relevant date are due from the debtor on account of Class I or 2 contributions under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 and which became due from the debtor in the 12 months next before the relevant date.
(7) All sums which on the relevant date have been assessed on and are due from the debtor on account of Class 4 contributions under either of those Acts of 1975, being sums which -
(a) are due to the Commissioners of Inland Revenue (rather than to the Secretary of State or a Northern Ireland department), and
(b) are assessed on the debtor up to 5th April next before the relevant date,
but not exceeding, in the whole, any one year's assessment.
Category 4 : Contributions to occupational pension schemes, etc.
(8) Any sum which is owed by the debtor and is a sum to which Schedule 3 to the Social Security Pensions Act 1975 applies (contributions to occupational pension schemes and state scheme premiums).
Category 5 : Remuneration, etc., of employees
(9) So much of any amount which -
(a) is owed by the debtor to a person who is or has been an employee of the debtor, and
(b) is payable by way of remuneration in respect of the whole or any part of the period of 4 months next before the relevant date,
as does not exceed so much as may be prescribed by order made by the Secretary of State.
(10) An amount owed by way of accrued holiday remuneration, in respect of any period of employment before the relevant date, to a person whose employment by the debtor has been terminated, whether before, on or after that date.
(11) So much of any sum owed in respect of money advanced for the purposes as has been applied for the payment of a debt which, if it had not been paid, would have been a debt falling within paragraph 9 or 10.
(12) So much of any amount which -
(a) is ordered (whether before or after the relevant date) to be paid by the debtor under the Reserve Forces (Safeguard of Employment) Act 1985, and
(b) is so ordered in respect of a default made by the debtor before that date in this discharge of his obligations under that Act,
as does not exceed such amount as may be prescribed by order made by the Secretary of State.
Interpretation for Category 5
(13)(1) For the purposes of paragraphs 9 to 12, a sum is payable by the debtor to a person by way of remuneration in respect of any period if -
(a) it is paid as wages or salary (whether payable for time or for piece work or earned wholly or partly by way of commission) in respect of services rendered to the debtor in that period, or
(b) it is an amount falling within the following sub-paragraph and is payable by the debtor in respect of that period.
(2) An amount falls within this sub-paragraph if it is -
(a) a guarantee payment under section 12(1) of the Employment Protection (Consolidation) Act 1978 (employee without work to do for a day or part of a day) ;
(b) remuneration on suspension on medical grounds under section 19 of that Act ;
(c) any payment for time off under section 27(3) (trade union duties), 31(3) (looking for work, etc) or 31A(4) (ante-natal care) of that Act; or
(d) remuneration under a protective award made by an industrial tribunal under section 101 of the Employment Protection Act 1975 (redundancy dismissal with compensation).
(14)(1) This paragraph relates to one case in which a person's employment has been terminated by or in consequence of his employer going into liquidation or being adjudged bankrupt or (his employer being a company not in liquidation) by or in consequence of -
(a) a receiver being appointed as mentioned in section 40 of this Act (debenture-holders secured by floating charge), or
(b) the appointment of a receiver under section 53(6) or 54(5) of this Act (Scottish company with property subject to floating charge), or
(c) the taking of possession by debenture-holders (so secured), as mentioned in section 196 of the Companies Act.
(2) For the purposes of paragraphs 9 to 12, holiday remuneration is deemed to have accrued to that person in respect of any period of employment if , by virtue of his contract of employment or of any enactment that remuneration would have been accrued in respect of that period if his employment had continued until he became entitled to be allowed the holiday.
(3) The reference in sub-paragraph (2) to any enactment includes an order or direction made under an enactment.
(15) Without prejudice to paragraphs 13 and 14 -
(a) any remuneration payable by the debtor to a person in respect of a period of holiday or of absence from work through sickness or other good cause is deemed to be wages or (as the case may be) salary in respect of services rendered to the debtor in that period, and
(b) references here and in those paragraphs to remuneration in respect of a period of holiday include any sums which, if they had been paid, would have been treated for the purposes of the enactments relating to social security as earnings in respect of that period.
Orders
(16) An order under paragraph 9 or 12 -
(a) may contain such transitional provisions as may appear to the Secretary of State necessary or expedient;
(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 7 - INSOLVENCY PRACTITIONERS TRIBUNAL
Panels of Members(1)(1) The Secretary of State shall draw up and from time to time revise -
(a) a panel of persons who are barristers, advocates or solicitors, in each case of not less than 7 years' standing, and are nominated for the purpose by the Lord Chancellor or the Lord President of the Court of Session, and
(b) a panel of persons who are experienced in insolvency matters;
and the members of the Tribunal shall be selected from those panels in accordance with this Schedule.
(2) The power to revise the panels includes power to terminate a person's membership of either of them, and is accordingly to that extent subject to section 8 of the Tribunals and Inquiries Act 1971 (which makes it necessary to obtain the concurrence of the Lord Chancellor and the Lord President of the Court of Session to dismissals in certain cases.
Remuneration of members
(2) The Secretary of State may out of money provided by Parliament pay to members of the Tribunal such remuneration as he may with the approval of the Treasury determine ; and such expenses of the Tribunal as the Secretary of State and the Treasury may approve shall be defrayed by the Secretary of State out of money so provided.
Sittings of Tribunal
(3)(1) For the purposes of carrying out their functions in relation to any cases referred to them, the Tribunal may sit either as a single tribunal or in two or more divisions.
(2) The functions of the Tribunal in relation to any case referred to them shall be exercised by three members consisting of -
(a) a chairman selected by the Secretary of State from the panel drawn up under paragraph 1(1)(a) above, and
(b) two other members selected by the Secretary of State from the panel drawn up under paragraph 1(1)(b).
Procedure of Tribunal
(4)(1) Any investigation by the Tribunal shall be so conducted as to afford a reasonable opportunity for representations to be made to the Tribunal by or on behalf of the person whose case is the subject of the investigation.
(2) For the purposes of any such investigation, the Tribunal -
(a) may by summons require any person to attend, at such time and place as is specified in the summons, to give evidence or to produce any books, papers and other records in his possession or under his control which the Tribunal consider it necessary for the purposes of the investigation to examine, and
(b) may take evidence on oath, and for the purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;
but no person shall be required, in obedience to such a summons, to ro more than ten miles from his place of residence, unless the necessary expenses of his attendance are paid or tendered to him.
(3) Every person who-
(a) without reasonable excuse fails to attend in obedience to a summons issued under this paragraph, or refuses to give evidence, or
(b) intentionally alters, suppresses, conceals or destroys or refuses to produce any document which he may be required to produce for the purposes of an investigation by the Tribunal, is liable to a fine.
(4) Subject to the provisions of this paragraph, the Secretary of State may make rules for regulating the procedure on any investigation by the Tribunal.
(5) In their application to Scotland, sub-paragraphs (2) and (3) above have effect as if for any reference to a summons there were substituted a reference to a notice in writing.
SCHEDULE 8 - PROVISIONS CAPABLE OF INCLUSION IN COMPANY INSOLVENCY RULES
Courts(1) Provision for supplementing, in relation to the insolvency or winding up of companies, any provision made by or under section 117 of this Act (jurisdiction in relation to winding up).
(2) Provision for regulating the practice and procedure of any court exercising jurisdiction for the purposes of Parts I to VII of this Act or the Companies Act so far as relating to, and to matters connected with or arising out of, the insolvency or winding up of companies, being any provision that could be made by rules of court.
Notices, etc.
(3) Provision requiring notice of any proceedings in connection with or arising out of the insolvency or winding up of a company to be given or published in the manner prescribed by the rules.
(4) Provision with respect to the form, manner of serving, contents and proof of any petition, application, order, notice, statement or other document required to be presented, made, given, published or prepared under any enactment or subordinate legislation relating to, or to matters connected with or arising out of, the insolvency or winding up of companies.
(5) Provision specifying the persons to whom any notice is to be given.
Registration of voluntary arrangements
(6) Provision for the registration of voluntary arrangements approved under Part I of this Act, including provision for the keeping and inspection of a register.
Provisional liquidator
(7) Provision as to the manner in which a provisional liquidator appointed under section 135 is to carry out his functions.
Conduct of insolvency
(8) Provision with respect to the certification of any person as, and as to the proof that a person is, the liquidator, administrator or administrative receiver of a company.
(9) The following provision with respect to meetings of a company's creditors, contributories or members -
(a) provision as to the manner of summoning a meeting (including provision as to how any power to require a meeting is to be exercised, provision as to the manner of determining the value of any debt or contribution for the purposes of any such power and provision making the exercise of any such power subject to the deposit of a sum sufficient to cover the expenses likely to be incurred in summoning and holding a meeting) ;
(b) provision specifying the time and place at which a meeting may be held and the period of notice required for a meeting ;
(c) provision as to the procedure to be followed at a meeting (including the manner in which decisions may be reached by a meeting and the manner in which the value of my vote at a meeting is to be determined);
(d) provision for requiring a person who is or has been an officer of the company to attend a meeting ;
(e) provision creating, in the prescribed circumstances, a presumption that a meeting has been duly summoned and held;
(f) provision as to the manner of proving the decisions of a meeting.
(10)(1) Provision as to the functions, membership and proceedings of a committee established section 26, 49, 68, 101, 141 or 142 of this Act.
(2) The following provision with respect to the establishment of a committee under section 101, 141 or 142 of this Act, that is to say -
(a) provision for resolving differences between a meeting of the company's creditors and a meeting of its contributories or members;
(b) provision authorising the establishment of the committee without a meeting of contributories in a case where a company is being wound up on the grounds including its inability to pay its debts; and
(c) provision modifying the requirements of this Act with respect to the establishment of the committee in a case where a winding-up order has been made immediately upon the discharge of an administration order.
(11) Provision as to the manner in which any requirement that may be imposed on a person under any of Parts I to Vii of this Act by the official receiver, the liquidator, administrator or administrative receiver of a company or a special manager appointed under section 177 is to be imposed.
(12) Provision as to the debts that may be proved in a winding-up, as to the manner and conditions of proving a debt and as to the manner and expenses of establishing the value of any debt or security.
(13) Provision with respect to the manner of the distribution of the property of a company that is being wound up, including provision with respect to unclaimed funds and dividends.
(14) Provision which, with or without modifications, applies in relation to the winding up of companies any enactment contained in Parts VIII or XI of this Act or in the Bankruptcy (Scotland) Act 1985.
(15) Provision as to the amount, or manner of determining the amount, payable to the liquidator, administrator or administrative receiver of a company or a special manager appointed under section 177, by way or remuneration for the carrying out of functions in connection with or arising out of the insolvency or winding up of a company.
(16) Provision with respect to the manner in which moneys received by the liquidator of a company in the course of carrying out his functions as such are to be invested or otherwise, handled and with respect to the payment of interest on sums which, in pursuance of rules made by virtue of this paragraph, have been paid into the Insolvency Services Account.
(17) Provision as to the fees, costs, charges and other expenses that may be treated as the expenses of a winding up.
(18) Provision as to the fees, costs, charges and other expenses that may be treated as properly incurred by the administrator or administrative receiver of a company.
(19) Provision as to the fees, costs, charges and other expenses that may be incurred for any of the purposes of Part I of this Act or in the administration of any voluntary arrangement approved under that Part.
Information and Records
(20) Provision requiring registrars and other officers of courts having jurisdiction in England and Wales in relation to, or to matters connected with or arising out of, the insolvency or winding up of companies -
(a) to keep books and other records with respect to the exercise of that jurisdiction, and
(b) to make returns to the Secretary of State of the business of those courts.
(21) Provision requiring a creditor, member or contributory, or such a committee as is mentioned in paragraph 10 above, to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.
(22) Provision as to the manner in which public examinations under sections 133 and 134 of this Act and proceedings under sections 236 and 237 are to be conducted, as to the circumstances in which records of such examinations or proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.
(23) Provision imposing requirements with respect to -
(a) the preparation and keeping by the liquidator, administrator or administrative receiver of a company, or by the supervisor of a voluntary arrangement approved under Part I of this Act, of prescribed books, accounts and other records;
(b) the production of those books, accounts and records for inspection by prescribed persons;
(c) the auditing of accounts kept by the liquidator, administrator or administrative receiver of a company, or the supervisor of such a voluntary arrangement; and
(d) the issue by the administrator or administrative receiver of a company of such a certificate as is mentioned in section 22(3)(b) of the Value Added Tax Act 1983 (refund of tax in cases of bad debts) an d the supply of copies of the certificate to creditors of the company.
(24) Provision requiring the person who is the supervisor of a voluntary arrangement approved under Part I, when it appears to him that the voluntary arrangement has been fully implemented and that nothing remains to be done by him under the arrangement -
(a) to give notice of that fact to persons bound by the voluntary arrangement, and
(b) to report to those persons on the carrying out of the functions conferred on the supervisor of the arrangement.
(25) Provision as to the manner in which the liquidator of a company is to act in relation to the books, papers and other records of the company, including provision authorising their disposal.
(26) Provision imposing requirements in connection with the carrying out of functions under section 7(3) of the Company Directors Disqualification Act 1986 (including, in particular, requirements with respect to the making of periodic returns).
General
(27) Provision conferring power on the Secretary of State to make regulations with respect to so much of any matter that may be provided for in the rules as relates to the carrying out of the functions of the liquidator, administrator or administrative receiver of a company.
(28) Provision conferring a discretion on the court.
(29) Provision conferring power on the court to make orders for the purpose of securing compliance with obligations imposed by or under section 22, 47, 66, 131, 143(2) or 235 of this Act or section 7(4) of the Company Directors Disqualification Act 1986.
(30) Provision making non-compliance with any rules a criminal offence.
(31) Provision making different provision for different cases or descriptions of cases, including different provisions for different areas.
SCHEDULE 9 - PROVISIONS CAPABLE OF INCLUSION IN INDIVIDUAL INSOLVENCY RULES
Courts(1) Provision with respect to the arrangement and disposition of the business under parts VIII to XI of this Act of courts having jurisdiction for the purpose of those Parts, including provision for the allocation of proceedings under those Parts to particular courts and for the transfer of such proceedings from one court to another.
(2) Provision for enabling a registrar in bankruptcy of the High Court or a registrar of a county court having jurisdiction for the purposes of those Parts to exercise such of the jurisdiction conferred for those purposes on the High Court or, as the case may be, that county court as may be prescribed.
(3) Provision for regulating the practice and procedure of any court exercising jurisdiction for the purposes of those Parts, being any provision that could be made by rules of court.
(4) Provision conferring rights of audience, in courts exercising jurisdiction for the purposes of those Parts, on the official receiver and on solicitors.
Notices, etc.
(5) Provision requiring notice of any proceedings under Parts VIII to XI of this Act or of any matter relating to or arising out of a proposal under Part VIII or a bankruptcy to be given or published in the prescribed manner.
(6) Provision with respect to the form, manner of serving, contents and proof of any petition, application, order, notice statement or other document required to presented, made, given, published or prepared under any enactment contained in Parts VIII to XI or subordinate legislation under those Parts or Part XV (including provision requiring prescribed matters to be verified by affidavit).
(7) Provision specifying the persons to whom any notice under Parts VIII to XI is to be given.
Registration of voluntary arrangements
(8) Provision for the registration of voluntary arrangements approved under Part VIII of this Act, including provision for the keeping and inspection of a register.
Interim receiver
(9) Provision as to the manner in which an interim receiver appointed under section 286 is to carry out his functions, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 21 or 27 below.
Receiver or manager
(10) Provision as to the manner in which the official is to carry out his functions as receiver or manager of a bankrupt's estate under section 287, including any such provision as is specified in relation to the trustee of a bankrupt's estate in paragraph 21 or 27 below.
Administration of individual insolvency
(11) Provision with respect to the certification of the appointment of any person as trustee of a bankrupt's estate and as to the proof of that appointment.
(12) The following provision with respect to meetings of creditors -
(a) provision as to the manner of summoning a meeting (including provision as to how any power to require a meeting is to be exercised, provision as to the manner of determining the value of any debt for the purposes of any such power and provision making the exercise of any such power subject to the deposit of a sum sufficient to cover the expenses likely to be incurred in summoning and holding a meeting) ;
(b) provision specifying the time and place at which a meeting may be held and the period of notice required for a meeting ;
(c) provision as to the procedure to be followed at such a meeting (including the manner in which decisions may be reached by a meeting and the manner in which the value of any vote at a meeting is to be determined) ;
(d) provision for requiring a bankrupt or debtor to attend a meeting ;
(e) provision creating, in the prescribed circumstances, a presumption that a meeting has been duly summoned and held ; and
(f) provision as to the manner of proving the decisions of a meeting.
(13) Provision as to the functions, membership and proceedings of a creditors' committee established under section 301.
(14) Provision as to the manner in which any requirement that may be imposed on a person under Parts VIII to XI of this Act by the official receiver, the trustee of a bankrupt's estate or a special manager appointed under section 370 is to be so imposed and, in the case of any requirement imposed under section 305(3) (information etc. to be given by the trustee to the official receiver), provision conferring power on the court to make orders for the purpose of securing compliance with that requirement.
(15) Provision as to the manner in which any requirement imposed by virtue of section 310(3) (compliance with income payments order) is to take effect.
(16) Provision as to the terms and conditions that may be included in a charge under section 313 (dwelling house forming part of bankrupt's estate).
(17) Provision as to the debts that may be proved in any bankruptcy as to the manner and conditions of proving a debt and as to the manner and expenses of establishing the value of any debt or security.
(18) Provision with respect to the manner of the distribution of a bankrupt's estate, including provision with respect to unclaimed funds and dividends.
(19) Provision modifying the application of Parts VIII to XI of this Act in relation to a debtor or bankrupt who has died.
Financial positions
(20) Provision as to the amount, or manner of determining the amount, payable to an interim receiver, the trustee of a bankrupt's estate or special manager appointed under section 370 by way of remuneration for the performance of functions in connection with or arising out of the bankruptcy of any person.
(21) Provision with respect to the manner in which moneys received by the trustee of a bankrupt's estate in the course of carrying out his functions as such are to be handled.
(22) Provision as to the fees, costs, charges and other expenses that may be treated as the expenses of a bankruptcy.
(23) Provision as to the fees, costs, charges and other expenses that may be incurred for any of the purposes of Part VIII of this Act or in the administration of any voluntary arrangement approved under that Part.
Information and records
(24) Provision requiring registrars and other officers of courts having jurisdiction for the purposes of Parts VIII to XI -
(a) to keep books and other records with respect to the exercise of that jurisdiction and of jurisdiction under the Deeds of Arrangement Act 1914, and
(b) to make returns to the Secretary of State of the business of those courts.
(25) Provision requiring a creditor or a committee established under section 301 to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.
(26) Provision as to the manner in which examinations under section 290 and proceedings under sections 366 to 368 are to be conducted, as to the circumstances in which records of such examinations and proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.
(27) Provision imposing requirements with respect to -
(a) the preparation and keeping by the trustee of a bankrupt's estate, or the supervisor of a voluntary arrangement approved under Part VIII, of prescribed books, accounts and other records ;
(b) the production of those books, accounts and records for inspection by prescribed persons ; and
(c) the auditing of accounts kept by the trustee of a bankrupt's estate or the supervisor of such a voluntary arrangement.
(28) Provision requiring the person who is the supervisor of a voluntary arrangement approved under Part VIII, when it appears to him that the voluntary arrangement has been fully implemented and that nothing remains to be done by him under it -
(a) to give notice of that fact to persons bound by the voluntary arrangement, and
(b) to report to those persons on the carrying out of the functions conferred on the supervisor of it.
(29) Provision as to the manner in which the trustee of a bankrupt's estate is to act in relation to the books, papers and other records of the bankrupt, including provision authorising their disposal.
General
(30) Provision conferring power on the Secretary of State to make regulations with respect to so much of any matter that may be provided for in the rules as relates to the carrying out of the functions of an interim receiver appointed under section 286, of the official while acting as a receiver or manager under section 287 or of a trustee of a bankrupt's estate.
(31) Provision conferring a discretion on the court.
(32) Provision making non-compliance with any of the rules a criminal offence.
(33) Provision making different provision for different cases, including different provision for different areas.
Full text of the following schedules are not available:
Schedule 10. Punishment of offences under this Act
Schedule 11. Transitional provisions and savings
Schedule 12. Enactments Repealed
Schedule 13. Consequential amendments to Companies Act 1985
Schedule 14. Consequential amendments to other enactments
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