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Bankruptcy (Amendment) Rules (No 544) 1978

1978 No. 544

BANKRUPTCY, ENGLAND

The Bankruptcy (Amendment) Rules 1978

The Lord Chancellor, in exercise of the powers conferred on him by section 132 of the Bankruptcy Act 1914(a), with the concurrence of the Secretary of State for Trade, and after consulting the committee appointed under section 10 of the Insolvency Act 1976(b), hereby makes the following rules:-

1.-(1) These Rules may be cited as the Bankruptcy (Amendment) Rules 1978 and shall come into operation on 2nd May 1978.

(2) The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

(3) The amendments set out in these Rules shall be made to the Bankruptcy Rules 1952(d), as amended (e).

2. After rule 119 there shall be inserted the following rule:-

“Costs payable without taxation

119A. The costs or charges of any person employed by an Official Receiver or trustee which are payable out of the debtor’s estate may, if they are within the prescribed scale and do not exceed the sum of £100, be paid and allowed, by the Official Receiver or trustee, as the case may be, without taxation: Provided that the Secretary of State may require such costs or charges to be taxed.”

3. In rule 244:-

(a) for the figure “20” there shall be substituted the figure “25”;

(b) for the figure “£7 10s 0d (£7.50)” there shall be substituted the figure “£25”; and

(c) for the figure “£3” there shall be substituted the figure “£7.50”.

4. In rule 278(1):-

(a) sub-paragraph (a)(i) shall be deleted; and

(b) in sub-paragraph (b), after the words “demised premises” there shall be inserted the words “or any part thereof”.

Elwyn-Jones, C.

Dated 30^th March 1978.

I concur,

Edmund Dell
Secretary of State for Trade

Dated 5^th April 1978.

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EXPLANATORY NOTE

(This Note is not part of the Rules)

These Rules amend the Companies (Winding-up) Rules 1949 as follows:-

(i) rule 2 increases the costs allowed in connection with creditor' and contributories' meetings; and

(ii) rule 3 allows the Official Receiver or liquidator to pay and allow certain costs, charges and expenses not exceeding £100 and which are within the scale usually allowed by the Court without taxation unless the Secretary of State otherwise requires.

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(a) 1914 c. 59.
(b) 1976 c. 60.
(c) 1889 c. 63.
(d) S.I. 1952/2113.
(e) The relevant amending instruments are S.I. 1965/1571, 1970/1868.