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

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

*Part X: Individual Insolvency: General Provisions — : *

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.

Subsection (1)—

does not apply in relation to a notice of a distribution or proposed distribution to creditors;
is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).

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.

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—

    (a)where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;

    (b)where an interim receiver of the individual's property is appointed, the interim receiver;

    (c)the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.