MAY 2010
PART 1
PUBLICATION OF INSOLVENCY INFORMATION - GENERAL
NOTE: THIS PART IS ONLY APPLICABLE IN RELATION TO CASES WHERE THE PETITION WAS PRESENTED ON OR AFTER 6 APRIL 2009
Transitional provisions for April 2009 Rules changes
For cases where the petition was presented on or after 6 April 2009, the Rules described in this chapter will apply and the guidance and advice therein should be followed.
For cases where the petition was presented before 6 April 2009 the Rules prior to the introduction of The Insolvency (Amendment) Rules 2009 will continue to apply and the guidance and advice in Technical Manual Chapter 5 (issued in March 2001) may be followed. Chapter 5 (Issue date March 2001) is attached at Annex 1. For ease of reference, that Chapter has been renumbered 5B.
Annex 3 provides a comparison of the Rules in force pre and post 6 April 2009.
Transitional provisions for April 2010 Rules changes:
On 6 April 2010 the Insolvency (Amendment) Rules 2010 came into force and apply to all cases where the petition was presented on or after 6 April 2010 (except in companies where there was a voluntary winding up resolution or certain administration proceedings prior to that date). The amended rules set out the required contents of any gazette or advertisement that is published by the official receiver. All the templates for the publication of gazettes and advertisements have been revised to include the required contents and a policy decision has been made that these are to be used for all cases from 6 April 2010. For details of the form templates please refer to the Case Help Manual Part – Publication of Insolvency Information.
In order to comply with the new provisions it is important that the correct forms are used and that all sections of the template forms are fully completed where the information is known. For an explanation of the contents requirements see paragraphs 5.12A and 5.12B
5.3 Publication of insolvency information - general
The Act and Rules require the publication of certain events (see paragraph 5.1) and, where this is required the general rule is that:
There are exceptions to this general rule, and these are outlined in paragraphs 5.29, 5.30, 5.32 and 5.33.
Annex 2 to this chapter contains a summary of Rules relating to insolvency events over which official receiver has responsibility and/or discretion to publicise.
5.4 History of The London Gazette
The London Gazette (“the Gazette”) came into existence as the official newspaper of the court of King Charles II. At that time it was known as the Oxford Gazette as that was the location of the King’s court, which had removed from London to escape the Great Plague of 1665. The publication of news at this time was closely controlled and censored by the Crown, and the Gazette became the authoritative source of news and information. Over time, with the relaxing of control and censorship, and the consequent development of other newspapers, the Gazette has largely lost its role of reporting news and has evolved into a specialist newspaper for the publication of legal notices and official (government) information.
5.5 The Gazette today (Amended January 2012)
Whilst the Gazette is still published as a paper document (five days a week – Monday to Friday), the information it publishes is available on-line, and free of charge (www.gazettes-online.co.uk/.../SPAN>). Insolvency notices placed in the Gazette are accessed and relied upon as a source of information by financial institutions, credit reference agencies, government departments and other interested parties.
The Gazette’s terms and conditions with regard to placing a notice are available on their website, http://www.london-gazette.co.uk/place-notice
5.6 Explanation of ‘publish’, ‘publication’ and ‘advertisement’ (amended May 2009)
Where, in the Rules, there is a requirement to “publish”, this means the placing of one notice in the Gazette and further, discretionary, advertisement in any relevant media as the person responsible thinks fit. References to “publish” or “publication” in the Chapter are, unless expressly stated otherwise, to be read in relation to this definition.
Apart from in relation to a publication in respect of an annulment application (paragraphs 5.29) and publication in respect of a call on contributories (paragraph 5.32), in which cases it is inclusive, the term “advertisement” used in this chapter can be taken to refer to publication other than in the Gazette.
Part 2 of the chapter gives advice on practical matters relating to publication (whether Gazetting or advertising) for which he/she is responsible as official receiver, or for which he/she may become responsible in his/her role as liquidator or trustee, and Part 3 gives advice on matters to be taken into consideration when deciding whether to exercise discretion to advertise or, where optional, Gazette.
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