124. Ability for creditors to opt not to receive certain notices: company insolvency
(1) The Insolvency Act 1986 is amended as follows.
(2) For the italic heading before section 246B substitute -
"Giving of notices etc by office-holders".
(3) After section 246B insert -
"246C Creditors' ability to opt out of receiving certain notices
(1) Any provision of the rules which requires an office-holder of a company to give a notice to creditors of the company does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.
(2) Subsection (1) -
(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b) is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3) Except as provided by the rules, a creditor may participate and vote in a qualifying decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
(4) In this section -
"give" includes deliver, furnish or send;
"notice" includes any document or information in any other form;
"office-holder", in relation to a company, means -