Insolvency Fees Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 2030/1986 |
1986 No. 2030
INSOLVENCY
COMPANIES
INDIVIDUALS, ENGLAND AND WALES
The Insolvency Fees Order 198624thNovember 1986
8thDecember 1986
29thDecember 1986
The Lord Chancellor, in exercise of the powers conferred on him by section 133 of the Bankruptcy Act 1914 (a), sections 414 and 415 of the Insolvency Act 1986 (b) and section 2 of the Public Offices Fees Act 1879 (c), and with the sanction of the Treasury, hereby makes the following Order:—
Citation, Commencement and Application
1.—(1) This Order may be cited as the Insolvency Fees Order 1986 and shall come into force on 29th December 1986.
(2) This Order applies to proceedings under the Insolvency Act 1986 and the Insolvency Rules 1986 (d) where—
(a) in the case of bankruptcy proceedings, the petition was presented on or after the day on which this Order comes into force, and
(b) in the case of any other proceedings, those proceedings commenced on or after that day.
(3) This Order extends to England and Wales only.
Interpretation
2. In this Order, unless the context otherwise requires—
(a) "the Act" means the Insolvency Act 1986 (any reference to a numbered section being to a section of that Act);
(b) "the Rules" means the Insolvency Rules 1986 (any reference to a numbered rule being to a rule so numbered in the Rules);
(c) "the Regulations" means the Insolvency Regulations 1986 (e) (any reference to a numbered regulation being to a regulation so numbered in the Regulations).
Fees payable in company and individual insolvency proceedings
3. The fees to be charged in respect of proceedings under Parts I to VII of the Act (Company Insolvency; Companies Winding Up), and the performance by the official receiver or Secretary of State of functions under those Parts, shall be those set out in Part I of the Schedule to this Order.
(a) 1914 c.59.
(b) 1986 c.45.
(c) 1879 c.58.
(d) S.I. 1986/1925.
(e) S.I. 1986/1994.
4. The fees to be charged in respect of proceedings under Parts VIII to XI of the Act (Insolvency of Individuals; Bankruptcy) and the performance by the official receiver or Secretary of State of functions under those Parts, shall be those set out in Part II of the Schedule to this Order.
5.—(1) All fees shall be taken in cash.
(2) When a fee is paid to an officer of a court the person paying the fee shall inform the officer whether the fee relates to a company insolvency proceeding or an individual insolvency proceeding.
6. Where Value Added Tax is chargeable in respect of the provision of a service for which a fee is prescribed in the Schedule, there shall be payable in addition to that fee the amount of the Value Added Tax.
Deposits on presentation of bankruptcy or winding-up petition
7. The following 5 Articles apply where it is intended to present to the court a winding-up or bankruptcy petition under the Act.
8.—(1) Before a winding-up or bankruptcy petition can be presented the appropriate deposit (as specified in Article 9 below) must be paid to the court in which the petition is to be presented.
(2) That deposit is security—
(a) for Fee No. 1 listed in Part I of the Schedule to this Order or Fee No. 2 listed in Part II of that Schedule, as the case may be (each such fee being referred to in this Order as "the administration fee"), or
(b) where an insolvency practitioner is appointed under section 273, for the payment of his fee under Article 12 below.
9. The appropriate deposit referred to in Article 8 is—
(a) in relation to a winding-up petition to be presented under the Act, £200;
(b) in relation to a bankruptcy petition to be presented under section 264(1)(b), £100;
(c) in relation to a bankruptcy petition to be presented under section 264(1)(a), (c) or (d), £200.
10. The court shall (except in a case falling within Article 12 below) transmit the deposit paid to the official receiver attached to the court.
11.—(1) In the circumstances specified in this Article a deposit made under Article 8 above is to be repaid to the person who made it.
(2)...
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