AmendmentsandupdatesoftheTechnicalManual.html

Notices and Other Information to be read in conjunction with the Technical Manual

 


 

 

Updated March 2006

 

Chp No.

Subject

Currently under revision

 

Month Issued

Amended by Notice /Informer Article

Subject

1 The official receiver June 2000  June 2003 T16/03 Changes to CDDA86 following the introduction of section 204 of the Enterprise Act 2002

2

Provisional liquidators and interim receivers

October 1988

 

 

March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024

3

Initial procedure when winding-up order made

 

December 2004

March 2005 T8/05 Transsexual People – The Gender Recognition Act 2004       May 2005 T15/05 Does the Limitation Act 1980 have any impact on the right of a Judgment Creditor to present a winding up petition? The decision in the case of Ridgeway Motors (Isleworth) Limited.

4

Initial procedure when bankruptcy order made

December 2005

5  

Gazetting and advertising

  

March 2001

 

 

March 2004 F2/04 

  Addition of information regarding frequent petitioner accounts March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024

Appeals, stays, rescissions and annulments 

 

October 2004

 

 

      May 2005 T16-05 Should statutory interest be paid in an annulment case where third party funds are being used and where considerable time has elapsed since the making of the bankruptcy order?       May 2005 T18-05

Insolvency Act 1986 section 282(1)(b) – Bankrupt not entitled to annulment of bankruptcy order where court not satisfied that debts paid or secured as bankruptcy file destroyed.

      June 2005 T21-05 The Charging of the Secretary of State Fee in Annulment (Payment In Full) Cases in Certain Circumstances       December 2005 T51-05 Bankruptcy: Annulment Orders obtained on the payment in full grounds: (re)financing schemes: time limit for paying the creditors.

7

Transfer of proceedings

  

July 1998 

 

 

8 Inspection, protection and collection of assets September 2000

  December 2002

  M76/02 Details of OR’s insurance scheme December 2002 M72/02 Drive by valuations

 

 

 

May 2004

T19-04

The way in which ORs should deal with companies that are wound up that have been involved in classified UK defense contracts on behalf of MoD.

9  

Action against property of insolvent 

December 2002

 

 

  chapter 9 parts 2 and 6   November 2004     March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024

10 

Custody, preservation and destruction of records 

 

January 2002

April 2003

T16/03

Changes to CDDA86 following the introduction of section 204 of the Enterprise Act 2002

 

 

 

March 2004

T11-04

The introduction of High Court Enforcement Officers and the way insolvency notices are sent to them.

11

Interviews and statements

 

December 2005

 

March 2006 OROS Bulletin Issue 1 of 2006 Change in policy relating to telephone interviews.

12  

Statement of affairs 

 

January 2001 

 

 

March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024

13  

Enforcement of duty to co-operate

 

April 2004

 

 

14  

Public examinations 

 

April 2000

 

 

15  Aims and conduct of the official receiver’s investigations February 2006 16   Meetings September 1996

  April 2004 T20/04

 

Costs of convening a requisition ed meeting

 

17  Appointment of liquidators and trustees ü April 2002

  July 2002

  M46/02 Official Receiver rotas of insolvency practitioners for Secretary of State trustee/liquidator appointments

  December2002

 

M77/02

  Introduction of the Regional Trustee Liquidator Units March 2003

 

T10/03 Disclosure of statements supplied by directors and bankrupts October 2003

 

M24/03 Inland Revenue single reference point

 

 

January 2004

M3/04

National Ci
vil Recovery Rota

December 2004 OROS Bulletin Issue 4 Requests for the appointment of an insolvency practitioner as trustee where the bankrupt is not co-operating       October 2005 T38-05 New policy for dealing with requests for appointment of an insolvency practitioner in bankruptcy cases after a notice of no meeting has been issued 18 Reports to creditors and contributories March

2005

19  

Court practice and procedure

 

 March 2001

 

 

20 

Official receiver’s role in voluntary arrangements

 

 April 2004

 

 

December 2004 OROS Bulletin Issue 4 FTVA’s and the Inland Revenue

21

Second or subsequent bankruptcies

 

April 2004

 

 

22 

Discharge from bankruptcy

ü 

April 2004

 

 

23  

Private examinations

 

January 1993

 

 

24  

Receiver and manager

 

December 1995

 

 

25   Restrictions on Bankrupts April 2004  June 2004 M25/04 Introduction of LOIS workbook – BRO’s

 

31 

Realisation of assets

 

November 2004 T45-04 Dealing with Assets: Part 2: Bank/Building Society Accounts and Antecedent Recoveries

31.1

Book debts

July 2005

T27-05

Fixed charges over book debts       December 2005 T49-05  

31.2

Motor vehicles

 

August 2005

 

 

31.3

Freehold/leasehold properties

 

March 1998

 

December 2002 M72/02 Drive by Valuations

 

 

 

 

January 2003

T2/03

 

Property conveyancing scheme: outcome of the competitive tendering process and general matters

31.4

Antecedent recoveries

 

July 1996 

December 2002 T71/02 Litigation expenses: The decision in Floor Fourteen Ltd       June 2005 T20-05 Civil Partnership Act 2004

31.5

Monetary assets

 

July 2005

T26-05

31.6

Stock, work in progress and plant and machinery

 

August 1997

 

 

31.7  

Income payments agreements and income payment orders

 

April 2004

 

 

      June 2005 T20-05 Civil Partnership Act 2004       September 2005 T34-05 Courts Act 2003

31.8

After-acquired property

 

July 1996 

 

 

31.9

Rights of action

 

September 2003

 

 

July 2004 T27-04 Rights Of Action – Whether A Bankrupt May Make Claims To Employment Tribunals – Are Such Claims Property Rights, Thus Vesting In The Trustee, Or Personal Rights?

31.10

Sundry assets

 

March 1998

 

 

32 Employment of agents

32.2

Solicitors

 

July 1995

 

 

32.3  

Auctioneers, shorthand writers, interpreters and others

 

March 1989

 

 

32.4

Special managers

 

October 1992

 

 

33  

Bankrupt’s Interest in the Family Home

ü

April 2004

February 2003 T4/03 Transfer of interest in property: the decision in Mountey v Treharne

 

 

 

January 2003

T2/03

Property conveyancing scheme: outcome of the competitive tendering process and general matters

December 2004 OROS Bulletin Issue 4 Notification of interest in property -R6.237/Form 683       June 2005 T20-05 Civil Partnership Act 2004

34
 

Disclaimer

 

February 1996

 

 

35  

Criminal bankruptcy orders

 

October 1988

 

 

36 

Estate accounting

October 2004

March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024       April 2005 T14/05 Charging the Official Receiver’s fees and remuneration as receiver and manager, trustee or liquidator       June 2005 T21-05 The Charging of the Secretary of State Fee in Annulment (Payment In Full) Cases in Certain Circumstances October 2004 ADD

37 

Release of official receiver as liquidator or trustee

 

January 2003

 

 

38  

Dissolved companies

 

July 1997

 

 

July 2004  T26-04

The Filing Of Restoration And Winding-Up Orders At Companies House.

39  

Detailed Assessment

 

November 2001

 

 

40 

Creditors and liabilities

ü

February 2006

41

EC Regulation on insolvency proceedings

 

June 2003

 

45  

Proceedings up to order

 

September 1997

 

47   Disclosure of information (including inspection and production of record March 2000

  October 2003

  M24/03 Inland Revenue – Single contact point

 

April 2003 T10/03 Disclosure of statements supplied by directors and bankrupts

 

March 2005 T6-05

Bankruptcy: the seeking of information from the Inland Revenue by official receivers and the collection of tax refunds: Nt Tax Code Incomes Payments Orders And Agreements: And Nt Tax Codes. Revised Amended Arrangements

March 2005 T8/05 Transsexual People – The Gender Recognition Act 2004

48 

Vacation of office and release of liquidators and trustee (other
than the official receiver)

 

September 1997

 

 

March 2005 T9/05 Five Insolvency related statutory instruments which come into force on 1 April 2024

49

Insurance

ü

February 1996

 

December 2002 M76/02 Official Receiver’s insurance scheme

 

50

Dealings with the Land Registry

 

October 2003

 

 

51  

Subordinate legislation

 

March 1998

 

 

52 

Co-operation of courts, relationships with other countries

 

March 2003

 

 

53  

Partnerships

 

October 1994

 

 

54  

Deceased insolvents

 

April 2005

 

 

55 

Insolvency practitioners

 

May 1997

June 2003

T16/03

Changes to CDDA86 following the introduction of section 204 of the Enterprise Act 2002

56  

Alternative corporate procedures

 

September 2003

 

 

April 2004

 

T18/04

Administrative receiverships – The decision in Leyland DAF

57 

Alternative individual procedures

July 1997

 

 

58  

Unregistered companies

November 1995

 

 

59  Unusual businesses and related assets December 1998

  March 2004 T6/04 The Financial Collateral Arrangements (no 2) Regulations 2003 – implications for OR

 

March 2004

  T12/04

Implications of Insurers (Reorganisation and Winding Up) Regulations 2004

 

      September 2004 T32/04 The Commonhold Leasehold Reform Act        June 2005 T19-05 Community Interest Companies       January 2006 T1-06 Licensing Act 2003

60  

Legal aid

ü

October 1997

 

 

61 

Pension schemes

ü

March 2002

 

 

      June 2005 T20-05 Civil Partnership Act 2004       November 2005 T40-05 Pensions Act 2004 – information to be provided by official receivers concerning employees with pension schemes

62  

Carrying on a business

 

November 1997

 

 

63  

Retention of title

 

September 1994

 

 

64 

Professional privilege

 

June 1998

 

 

65 

Practitioner’s reference to Secretary of State in absence of liquidation or creditors’ committee

 

August 2002

 

 

66  

Computerised accounting records

 

July 2002

 

 

69  

Law of Property Act Receivers

 

March 2001

 

 

76 

Employment law

 

May 1998

November 2003

T32-03

Redundancy payments- completion of RP14

77  

Taxation (excluding VAT)

ü

September 1998

 

 

 

 

 

March 2004

T7-04

Stamp Duty Land Tax: Effective From 1 December 2023

      August 2005 T32-05 Bankruptcy: personal taxation: the seeking of information from HM Revenue and Customs: a reminder 78   VAT ü

 

October 1993

  August 2003

  M16/03

 

Automatic transmission of case information to Inland Revenue

 

March 2004

 

T14/04 Amendment to procedure – Insolvency claims handling unit: Completion of employee returns

 

March 2004

  T7/04 Introduction of Stamp Duty Land Tax

 

79 

Third Parties (Rights Against Insurers) Act 1930

 

September 1995

 

 

November 2004 T43-04 Chapter 79 Of The Technical Manual: Third Parties (Rights Against Insurers) Act 1930: Disclosure Of Information

80  

Financial Services and Markets Act 2000

 

March 2003

 

 

81 Freedom of Information and Data Protection March 2005 March 2005 T8/05 Transsexual People – The Gender Recognition Act 2004

82

Environmental legislation

 

November 1997

 

 

83   

Human Rights Act 1998 

 

September 2000

 

 

 

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