U. BLOCK TRANSFERS OF CASES WHERE INSOLVENCY PRACTITIONER HAS RETIRED ETC.
14.159. This Section relates to an application for a block transfer order.
Power to make a block transfer order
14.160. This paragraph applies where an individual who is acting as an Office-holder (“the outgoing office-holder”):
(b) retires from practice; or
(c) is otherwise unable or unwilling to continue in office;
and it is expedient to transfer some or all of the cases in which the outgoing Office-holder holds office to one or more office-holders (“the replacement Office-holder”) in a single transaction.
14.161. In a case to which this Section applies the Court has the power to make an order, (“a block transfer order”), appointing a replacement Office-holder in the place of the outgoing Office-holder to be:
(a) liquidator or provisional liquidator in any winding up;
(b) receiver or administrative receiver in any receivership;
(c) administrator in any administration; or
(d) administrator of a Deed of Company Arrangement.
14.162. The replacement office-holder must be qualified to act as an insolvency practitioner under the Commercial Licensing Regulations 2015.
Application for a block transfer order
14.163. An application to the Court is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
14.164. An application for a block transfer order may be made for:
(a) the removal of the outgoing Office-holder;
(b) the appointment of a replacement Office-holder;
(c) such other order or direction as may be necessary or expedient in connection with any of the matters referred to above.
14.165. The application may be made by any of the following:
(a) the outgoing Office-holder (if able and willing to do so);
(b) any person who holds office jointly with the outgoing Office-holder;
(c) any person who is proposed to be appointed as the replacement Office-holder;
(d) any creditor in a case subject to the application;
(e) the approved insolvency practitioner regulatory body by which the outgoing Office-holder is or was licensed or authorised; or
(f) the Registrar of Companies or the Financial Services Regulator.
14.166. An applicant (other than the Registrar of Companies or Financial Services Regulator) must, as applicable, deliver notice of the application to the Registrar of Companies or the Financial Services Regulator at least 5 business days before the hearing of the application.
14.167. The following must be made a respondent to the application and served by the applicant with it:
(a) the outgoing Office-holder (if not the applicant or deceased);
(b) every person who holds office jointly with the outgoing Office-holder;
(d) such other person as the Court directs.
14.168. The application must contain a schedule setting out:
(a) the name of each case;
(b) the identity of the Court having jurisdiction when the application is made;
(c) the case number (if any); and
(d) the capacity in which the outgoing Office-holder was appointed.
14.169. The application must be supported by witness statement evidence:
(a) setting out the circumstances as a result of which it was expedient to appoint a replacement Office-holder; and
(b) exhibiting the written consent to act of each person who is proposed to be appointed as replacement Office-holder.
Action following application for a block transfer order
14.170. The Court may in the first instance consider the application without a hearing and make such order as it thinks just.
14.171. In the first instance, the Court may do any of the following:
(a) if the documents are considered to be in order and that the matter is considered straightforward, make an order on the substantive application;
(b) give any directions which are considered to be necessary including (if appropriate) directions for the joinder of any additional respondents or requiring the service of the application on any person or requiring additional evidence to be provided; or
(c) if an order is not made on the substantive application, give directions for the further consideration of the substantive application by the Court.
14.172. In deciding to what extent (if any) the costs of making an application under this Section should be paid as an expense of the insolvency proceedings to which the application relates, the factors to which the Court must have regard include:
(a) the reasons for the making of the application;
(b) the number of cases to which the application relates;
(c) the value of assets comprised in those cases; and
(d) the nature and extent of the costs involved.
14.173. Any appointment made under this Section must be notified:
(a) as applicable, to the Registrar of Companies or the Financial Services Regulator as soon as reasonably practicable;
(b) to the creditors; and
(c) to such other persons as the Court may direct, in such manner as the Court may direct.