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(This note is not part of the Order)
This Order extends to England and Wales, and amends the Insolvency Proceedings (Fees) Order 2016 to increase the deposit paid when a petition is filed at court, by the petitioner; and brings article 4 of the Order to be interpreted in accordance with the drafting conventions.
Article 2(a) sets out the new deposit, payable to the court as security for the payment of the official receiver’s administration fee, on the presentation of a bankruptcy petition. This Article increases the old fee to £1,500 from £990.
Article 2(b) sets out the new deposit, payable to the court as security for the payment of the official receiver’s administration fee, on the presentation of a winding up petition, other than a petition presented under section 124A of the Insolvency Act 1986. This Article increases the old fee to £2,600 from £1,600.
Article 2(c) deletes the word “will” and substitutes with “must” to make clear it was an obligation and brings Article 4 in line with the drafting conventions.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An explanatory memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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