Ch 13: Co-operation, non co-operation and enforcement of duty to co-operate
April 2004
(Amended October 2010)
Individuals and other parties involved in insolvency proceedings have a duty to co-operate with the official receiver in discharging his/her statutory duties.
Further information relating to the official receiver's functions and his/her investigations may be found in Chapter 1 - The official receiver and Chapter 15 - Aims and conduct of the official receiver's investigations.
This chapter provides details of the remedies available to the official receiver when dealing with lack of co-operation from company officers, partners, bankrupts and third parties.
The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on co-operation, non co-operation and enforcement of the duty to co-operate in cases where the petition was presented on or after 6 April 2010. The relevant paragraphs have been updated to reflect the changes and information is provided to show when they apply.
This chapter is divided into twelve parts as follows:
Part 1 - Co-operation and non co-operation generally (paragraphs 13.2 - 13.6)
Part 2 - Persons required to co-operate (paragraphs 13.7 - 13.27)
Part 3 - Contempt of court (paragraphs 13.28 - 13.32)
Part 4 - Public examination (paragraphs 13.33 - 13.40)
Part 5 - Private examination (paragraphs 13.41 - 13.50)
Part 6 - Court orders (paragraphs 13.51 - 13.66)
Part 7 - Power of arrest and enforcement of warrants (paragraphs 13.67 – 13.81)
Part 8 - Leaving the jurisdiction (paragraphs 13.82 - 13.83)
Part 9 - Other enforcement measures (bankruptcy only) (paragraphs 13.84 - 13.101)
Part 10 - Order for production of documents by HM Revenue and Customs (paragraphs 13.102 - 13.115)
Part 11 - Prosecution and disqualification (paragraphs 13.116- 13.120)
Part 12EA - Bankruptcy restriction orders (paragraphs 13.121 - 13.128)
This chapter contains the following annexes:
Annex 1 – Application under rule 7.20
Annex 2 – Order on rule 7.20
Annex 3 – CPR deemed service
Annex 4 – Application to commit for contempt
The following abbreviations are used in this chapter:
BRO |
Bankruptcy restrictions order |
CA85 |
Companies Act 1985 |
CDDA86 |
Company Directors Disqualification Act 1986 |
CPR98 |
Civil Procedure Rules 1998 |
EA2002 |
Enterprise Act 2002 |
EA after paragraph no. |
The guidance in the paragraph includes the relevant provisions of the EA 2002. |
HRA98 |
Human Rights Act 1998 |
IAR |
Insolvency (Amendment) Rules 2010 |
IPO94 |
Insolvent Partnership Order 1994 |
IPO |
Income payment order |
IPA |
Income payment agreement |
LRO |
Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 |
[Onto Part 1 - Co-operation and non co-operation generally]