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Corporate Insolvency and Governance Act 2020
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- UK Public General Acts
- 2020 c. 12
- SCHEDULE 4
- PART 3
- Applications to court
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Applications to courtE+W
47(1)The provisions of the England and Wales Insolvency Rules specified in the Table apply, so far as relevant, for the purposes of proceedings under—E+W
(a)Part A1 of the Insolvency Act 1986;
(b)this Part of this Schedule.
(2)In their application by virtue of sub-paragraph (1), the provisions listed in the Table have effect with—
(a)the modification set out in sub-paragraph (3),
(b)the modifications specified in the Table, and
(c)any other necessary modifications.
(3)The modification is that any reference to Part 1 of the Insolvency Act 1986 includes a reference to Part A1 of that Act and this Part of this Schedule.
(4)This is the Table referred to in sub-paragraphs (1) and (2)—
| Insolvency Rules | Topic | Modifications |
|---|---|---|
| Rule 1.35 | Standard contents and authentication of applications | |
| Rules 12.1 and 12.2 | Court rules and practice to apply etc | |
| Rule 12.3 and Schedule 6 | Commencement of proceedings | |
| Rules 12.7 to 12.11 and 12.13 | Making applications to court: general | Rule 12.9 has effect as if, in relation to a regulated company (within the meaning of section A49 of the Insolvency Act 1986), it also required the application to be served on the appropriate regulator (within the meaning of that section). |
| Rules 12.27 to 12.29 | Obtaining information and evidence | Rule 12.29(3) has effect as if it included a reference to the monitor in relation to a moratorium. |
| Rules 12.30, 12.31, 12.33 and 12.35 to 12.38 | Transfer of proceedings | (a) Rule 12.36(2) has effect as if the list of office-holders included the monitor in relation to a moratorium. |
| (b) Rule 12.37(2) and (3) have effect as if the list of provisions included section A39 of the Insolvency Act 1986. | ||
| Rules 12.39 and 12.40 | The court file | |
| Rules 12.41, 12.42(5), 12.47, 12.48 and 12.50 | Costs | Rule 12.48(2) has effect as if it required the applicant to serve a sealed copy of the application on the monitor and the company to which the moratorium relates. |
| Rule 12.51 | Enforcement of court orders | |
| Rules 12.58, 12.59 and 12.61 and Schedule 10 | Appeals | |
| Rules 12.63 to 12.65 | Court orders, formal defects and shorthand writers | |
| Schedule 4, paragraphs 1, 4, 5 and 6 | These paragraphs of Schedule 4 apply only for the purposes of the rules applied by this Table. |
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