- Status
- In Force
- Penalty ceiling
- Regulated
Does it bind you?
Business-side roles with duties under this instrument.
Director or Officer17
Any Person3
Trader2
Responsible Person1
Applicant1
Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Director or Officer — also bound by 429 other Acts
Insolvency (England and Wales) Rules 2016
162 duties
Companies Act 2006
126 duties
Insolvency Act 1986
77 duties
Building Societies Act 1986
32 duties
Any Person — also bound by 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
Trader — also bound by 825 other Acts
Value Added Tax Regulations 1995
416 duties
Companies Act 2006
243 duties
Companies Act 1985
85 duties
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003
30 duties
Applicant — also bound by 307 other Acts
Human Medicines Regulations 2012
42 duties
The Land Registration Rules 2003
25 duties
Regulation (EU) No 1178/2011 (Aircrew)
20 duties
Value Added Tax Regulations 1995
18 duties
What it requires
Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
s.art013
Notification and advertisement of SMCL administrator’s appointment
Regulated
Other duties (1) — Crown / regulator
- Notify specified parties and publish notice of SMCL administrator appointmentCrown / Minister / Government department
s.art014
Notice requiring statement of affairs
Regulated
- Provide statement of affairs to SMCL administrator within 11 days of receiving noticeAny Person
s.art016
Statement of concurrence
Regulated
- Deliver a statement of concurrence within 5 business daysResponsible Person
s.art017
Filing of statement of affairs etc.
Regulated
Other duties (1) — Crown / regulator
- File the statement of affairs with Companies HouseCrown / Minister / Government department
s.art018
Limited disclosure
Regulated
Other duties (1) — Crown / regulator
- Apply to court to restrict disclosure of statement of affairsStatutory regulator
s.art019
Release from duty to submit statement of affairs; extension of time
Regulated
- Deliver notice and evidence to the SMCL administrator at least 14 days before the hearingApplicant
s.art020
Expenses of statement of affairs
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must pay reasonable expenses of statement of affairsStatutory regulator
s.art023
Ancillary provisions about delivery of SMCL administrator’s proposals
Regulated
- SMCL administrator must notify creditors and Companies House of court-ordered extensionDirector or Officer
s.art024
Limited disclosure of SMCL administrator’s statement of proposals
Regulated
- SMCL administrator must manage limited disclosure of statement of proposalsDirector or Officer
s.art025
Revision of the SMCL administrator’s proposals
Regulated
- SMCL administrator must send revised proposals to creditors and membersDirector or Officer
s.art026
Reports
Regulated
- SMCL administrator must prepare and send progress reports every six monthsDirector or Officer
s.art027
Creditors’ meetings generally
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must summon creditors' meetings with proper notice and gazetteStatutory regulator
s.art029
The chair at meetings
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must chair or nominate a qualified chair for creditor meetingsStatutory regulator
s.art030
Creditors’ meeting for nomination of alternative liquidator
Regulated
- SMCL administrator must call creditor meeting if 10% of creditors request itDirector or Officer
s.art036
Minutes
Regulated
- Chair of creditors' meeting must ensure minutes are kept and authenticatedTrader
s.art037
Venue and conduct of company meeting
Regulated
- SMCL administrator must properly summon and conduct member meetingsDirector or Officer
s.art044
Authority to dispose of property
Regulated
- SMCL administrator must notify security holders and owners of goods of court hearings and ordersDirector or Officer
s.art047
Pre-smart meter communication licensee administration costs
Regulated
- Apply to court before paying pre-administration costsDirector or Officer
s.art051
SMCL administrator to allow inspection of proofs
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must allow inspection of proofs of debtStatutory regulator
s.art053
Admission and rejection of proofs for dividend
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must give reasons for rejecting a creditor's proof for dividendStatutory regulator
s.art054
Appeal against decision on proof
Regulated
Other duties (1) — Crown / regulator
- Court must hear appeals against SMCL administrator's proof decisionsTribunal / Court
s.art057
Estimate of value of debt
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must estimate uncertain debts and notify creditorsStatutory regulator
s.art072
Supplementary provisions as to dividend
Regulated
Other duties (1) — Crown / regulator
- Set aside funds for late or disputed creditor claims when paying dividendsCrown / Minister / Government department
s.art073
Notice of proposed distribution
Regulated
- SMCL administrator must notify creditors of proposed distribution or dividendDirector or Officer
s.art075
Sole or final dividend
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must pay priority sums and distribute final dividend without regard to unproved debtsStatutory regulator
s.art076
Admission or rejection of proofs following last date for proving
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must admit or reject creditor proofs within 5 business daysStatutory regulator
s.art078
Declaration of dividend
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must declare dividend within two months of specified dateStatutory regulator
s.art083
Secured creditors
Regulated
- Repay excess dividend after security value reductionTrader
s.art085
Assignment of right to dividend
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must pay dividend to named assignee when notice is givenStatutory regulator
s.art087
Division of unsold assets
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must report value of assets divided among creditorsCrown / Minister / Government department
s.art088
Fixing of remuneration
Regulated
- Apply to court for remuneration and notify creditors and regulatorsDirector or Officer
s.art091
Application to court
Regulated
- Follow procedural steps when applying to court to end SMCL administrationAny Person
s.art092
Notification by SMCL administrator of court order
Regulated
- SMCL administrator must notify court order to Companies House and othersDirector or Officer
s.art093
Moving from SMCL administration to creditors’ voluntary liquidation
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must file notice with liquidator details and final reportStatutory regulator
s.art094
Moving from SMCL administration to dissolution
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must file notice and final progress report when moving to dissolutionCrown / Minister / Government department
s.art095
Provision of information to the Secretary of State
Regulated
Other duties (1) — Crown / regulator
- Provide outstanding debts and shortfall info to Secretary of State when SMCL administration endsCrown / Minister / Government department
s.art097
Notice of intention to resign
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must give notice of intent to resignCrown / Minister / Government department
s.art098
Notice of resignation
Regulated
- SMCL administrator must file and deliver notice of resignationDirector or Officer
s.art100
Notice of vacation of office when SMCL administrator ceases to be qualified to act
Regulated
- Notify Secretary of State, GEMA and Companies House when ceasing to be qualifiedDirector or Officer
s.art108
Notice of order under section 176A(5) of the 1986 Act
Regulated
- Notify creditors and Companies House of court order disapplying prescribed partDirector or Officer
s.art122
Procedure where detailed assessment required
Regulated
- Start detailed assessment of costs when the SMCL administrator demands itAny Person
s.art147
Right of inspection and retention of proxies
Regulated
Other duties (1) — Crown / regulator
- SMCL administrator must allow inspection of proxies by creditors, members, and directorsStatutory regulator
s.art152
Order for examination, etc.
Regulated
Other duties (1) — Crown / regulator
- Court must give at least 14 days' notice for respondent appearances and specify document requirementsTribunal / Court
s.art164
Electronic delivery by SMCL administrators
Regulated
Other duties (1) — Crown / regulator
- SMCL administrators must provide hard copy documents on request within 5 business daysStatutory regulator
s.art165
Use of website by SMCL administrator to deliver a particular document
Regulated
- Deliver documents via website with notice and hard copy optionDirector or Officer
s.art166
General use of website to deliver documents
Regulated
- SMCL administrator must provide hard copies of documents on request within 5 daysDirector or Officer
s.art192
Right to list of creditors
Regulated
- Provide list of creditors when requested by a creditorDirector or Officer
150 other provisions — procedural and definitional
s.art001
Citation and commencement
s.art002
Construction and interpretation
s.art003
“Debt”, “liability”
s.art004
Application
s.art005
Form of application
s.art006
Proposed SMCL administrator’s statement and consent to act
s.art007
Witness statement in support of the application
s.art008
Filing of application
s.art009
Service of application
s.art010
Notice to officers charged with distress or other legal process
s.art011
The hearing
s.art012
Notice of SMCL administration order
s.art015
Statement of affairs: content
s.art021
SMCL administrator’s proposals
s.art022
Statement of pre-smart meter communication licensee administration costs
s.art028
Quorum at meeting of creditors
s.art031
Entitlement to vote
s.art032
Admission and rejection of claims
s.art033
Secured creditors
s.art034
Hire-purchase, conditional sale and chattel leasing agreements
s.art035
Resolutions
s.art038
Remote attendance at meetings
s.art039
Action where person excluded
s.art040
Indication to excluded person
s.art041
Complaint
s.art042
Notice of meetings by advertisement only
s.art043
Non-receipt of notice of meeting
s.art045
Expenses
s.art046
Priority of expenses of SMCL administration
s.art048
Proving a debt
s.art049
Provable debts
s.art050
Costs of proving
s.art052
New SMCL administrator appointed
s.art055
Withdrawal or variation of proof
s.art056
Exclusion of proof by the court
s.art058
Discounts
s.art059
Mutual credits and set off
s.art060
Debt in foreign currency
s.art061
Payments of a periodical nature
s.art062
Interest
s.art063
Debt payable at future time
s.art064
Voluntary surrender of security
s.art065
Value of security
s.art066
Surrender for non-disclosure
s.art067
Redemption by SMCL administrator
s.art068
Test of security’s value
s.art069
Realisation of security by creditor
s.art070
Distribution to creditors generally
s.art071
Debts of insolvent SMCL to rank equally
s.art074
Further contents of notice to creditors owed small debts etc.
s.art077
Postponement or cancellation of dividend
s.art079
Notice of declaration of a dividend
s.art080
Payments of dividends and related matters
s.art081
Notice of no dividend, or no further dividend
s.art082
Proof altered after payment of dividend
s.art084
Disqualification from dividend
s.art086
Adjustment where dividend paid before time
s.art089
Remuneration of new SMCL administrator
s.art090
Final progress reports
s.art096
Grounds for resignation
s.art099
Application to court to remove SMCL administrator from office
s.art101
SMCL administrator deceased
s.art102
Application to replace
s.art103
Appointment of replacement or additional SMCL administrator
s.art104
SMCL administrator’s duties on vacating office
s.art105
Preliminary
s.art106
Contents of application
s.art107
Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
s.art109
Filing and service of application
s.art110
Hearings without notice
s.art111
Hearing of application
s.art112
Witness statements
s.art113
Use of reports
s.art114
Directions; adjournment of hearings
s.art115
Enforcement of court orders
s.art116
Orders enforcing compliance
s.art117
Warrant under section 236 of the 1986 Act
s.art118
Court file
s.art119
Office copies of documents
s.art120
Application of Chapter and interpretation
s.art121
Requirement to assess costs by the detailed procedure
s.art123
Costs paid otherwise than out of the assets of the SMCL
s.art124
Award of costs against SMCL administrator
s.art125
Application for costs
s.art126
Costs and expenses of witnesses
s.art127
Final costs certificate
s.art128
Introductory
s.art129
Appointment of another person to act
s.art130
Witness statement in support of application
s.art131
Service of notices following appointment
s.art132
Appeals and reviews of SMCL administration orders
s.art133
Procedure on appeal
s.art134
Principal court rules and practice to apply
s.art135
Performance of functions by the Court
s.art136
Rights of audience
s.art137
Formal defects
s.art138
Shorthand writers
s.art139
Payment into court
s.art140
Further information and disclosure
s.art141
Court orders
s.art142
Application and interpretation
s.art143
Specific and continuing proxies
s.art144
Blank proxy
s.art145
Use of proxies
s.art146
Use of proxies by the chair
s.art148
Proxy-holder with financial interest
s.art149
Instrument conferring authorisation to represent corporation
s.art150
Preliminary
s.art151
Contents of application
s.art153
Procedure for examination
s.art154
Record of examination
s.art155
Cost of proceedings under section 236
s.art156
Application of Chapter
s.art157
Personal delivery of documents
s.art158
Postal delivery of documents
s.art159
Delivery of documents to authorised recipients
s.art160
Delivery of documents to joint SMCL administrators
s.art161
Electronic delivery of documents
s.art162
Electronic delivery of documents to the court
s.art163
Electronic delivery of notices to enforcement officers
s.art167
Proof of delivery of documents
s.art168
Requirement for writing and form of documents
s.art169
Authentication
s.art170
Application
s.art171
Service of SMCL administration application
s.art172
Service on joint SMCL administrators
s.art173
Service of orders staying proceedings
s.art174
Certificate of service
s.art175
Contents of notices to be gazetted under the 1986 Act or these Rules
s.art176
Omission of unobtainable information
s.art177
The Gazette – general
s.art178
Notices otherwise advertised under the 1986 Act or these Rules
s.art179
Non-Gazette notices – other provisions
s.art180
Application of this Chapter
s.art181
Information to be contained in all documents delivered to the registrar
s.art182
Documents relating to the office of SMCL administrators
s.art183
Documents relating to other documents
s.art184
Documents relating to court orders
s.art185
Reports of meetings
s.art186
Documents relating to other events
s.art187
Documents of more than one type
s.art188
Documents delivered to other persons at the same time
s.art189
Confidentiality of documents – grounds for refusing inspection
s.art190
Right to copies of documents
s.art191
Charges for copies of documents
s.art193
Calculation of time periods
s.art194
Power of Secretary of State to regulate certain matters
s.art195
False claim of status as creditor, etc.
s.art196
Punishment of offences
s.art197
Review
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.