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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 November 2018 - onwards
Version 5 of 5

125. Ability for creditors to opt not to receive certain notices: individual insolvency

(1) The Insolvency Act 1986 is amended as follows.

(2) For the italic heading before section 379B substitute -

"Giving of notices etc by office-holders".

(3) After section 379B insert -

"379C Creditors' ability to opt out of receiving certain notices

(1) Any provision of the rules which requires an office-holder to give a notice to creditors of an individual 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 creditors’ 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 an individual, means -