Joint Committee on Statutory Instruments Fourth Report


Memorandum from the Department of Trade and Industry

INSOLVENCY (AMENDMENT) (NO. 2) RULES 2002 (S.I. 2002/2712)

1. By a letter dated 26th November 2002 from the Commons Clerk of the Committee, the Committee has requested that the Department submit a memorandum in relation to the above instrument on the following point:

Given the extensive amendments to the principal Rules of 1986 [the Insolvency Rules 1986] made by this instrument and some of the instruments mentioned in footnote (b) at page 1, indicate when the Department intends to consolidate those Rules.

2. The Department recognises the desirability of consolidating the provisions of the principal Rules at an appropriate juncture but is of the view that it would not be appropriate to undertake a consolidation at present. The reasons for this are as follows. The Department is currently preparing further amendments to the principal Rules to give effect to the amendments made to the Insolvency Act 1986 by the Enterprise Act 2002. These amendments to the principal Rules will be extensive. Given the size of the principal Rules as amended (the Department estimates that in total these amount to approximately 800 pages) and the statutory requirement to consult the Insolvency Rules Committee, the Department considers that it would not be feasible to consolidate the Rules as part of this exercise without substantially delaying the bringing into force of the amendments made to the Insolvency Act 1986 by the provisions of the Enterprise Act 2002. The Department wishes to bring these into force as soon as practicable.

3. Finally, whilst recognising the desirability of consolidation, the Department has taken into account the existence of a number of commercially produced publications which will contain the consolidated text of the Insolvency Rules 1986 in concluding that consolidation should be deferred until a later date.

29th November 2002

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