The Insolvency (Amendment) Rules 2024 are planned to come into force on 6th April 2024. These amendments to the Insolvency Rules 1986 will apply to all new insolvency proceedings commencing on or after 6th April 2024 , but in cases where the proceedings commenced before 6th April 2024 some old provisions will necessarily continue to apply throughout the life of the case. This note should be read in conjunction with the transitional provisions in Schedule 4 of The Insolvency (Amendment) Rules 2024.

However, in order to maximise the benefits that can be drawn from the Rules modernisation changes, certain provisions have been identified within the Insolvency (Amendment) Rules 2024, such as those for e-delivery, authentication and the replacement of requirements for the provision of affidavits, which will be made effective for all cases, regardless of whether they commence before, on or after 6th April 2024.

The transitional provisions for the Insolvency (Amendment) Rules 2024 are set out in Schedule 4 to those Rules and give effect to three principles:

The second of those principles is given effect by paragraph 1 of Schedule 4. That paragraph specifies the events in different types of insolvency procedure which determine whether a case is a new case to which the changes affecting rights and obligations apply.

The first and third of those principles are given effect by paragraph 2 of Schedule 4. Changes relating to new provisions in the Act, otiose provisions in the Rules, leave of the court, signature on documents, affidavits (which are replaced in insolvency cases by statements of truth and witness statements), electronic notices and court procedure all come into force on 6 April 2024. Sub-paragraphs (2) to (4) of paragraph 2 ensure that when a case has begun before 6 April 2024 and continues on or after that date, pre-6 April references to affidavits are treated from 6 April as including witness statements, and post-5 April references to witness statements are treated as including pre-6 April affidavits, so that there is a seamless change from one to the other.

Paragraphs 3 to 5 of Schedule 4 deal with a handful of special cases where paragraphs 1 and 2 do not deliver the right result.

Paragraph 6 says that old forms – forms as they are before being amended – should be sent to the registrar of companies only if the event which requires them to be sent happens before 6 April 2024. If the event happens on or after that date, new forms must be used, modified where necessary if the case started before 6 April and therefore not all the amendments apply (see second principle above).

Any enquiries regarding the above should be directed towards Neil Ogilvie, Policy Unit, Zone B, Third Floor, 21 Bloomsbury Street, London WC1B 3QW; e-mail Neil.Ogilvie@insolvency.gsi.gov.uk