Second Insolvency Rules Review (England & Wales) (Scotland)
14 July 2026
Consultation: Second Review of the Insolvency (England and Wales) Rules 2016 and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018
Earlier today, the Insolvency Service published its consultation reviewing:
(1) The Insolvency (England and Wales) Rules 2016, and
(2) The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018
This consultation will inform the government’s second mandatory statutory post-implementation review (PIR) of the Rules, which must be published by April 2027. The primary focus of the review is to improve the practical effectiveness of the framework, identify and reduce disproportionate administrative or regulatory burdens, and modernise the system to keep pace with economic and technological changes, specifically digital communication, artificial intelligence and digital assets.
The consultation is structured around three key areas:
The statutory requirements of the PIR – Assessing whether the Rules continue to meet their core objectives and exploring mechanisms to streamline processes, particularly to remove burdens for medium, small and micro businesses.
Potential future rule changes – Inviting technical feedback on a broad range of operational issues, including deemed consent for electronic communications, creditor engagement, data processing, administrator appointments, small debt and employee provisions, and decision-making timelines.
Future proofing – Assessing how the Rules must adapt to accommodate emerging advancements like AI and cryptocurrency.
The consultation will run for a standard 12-week window, closing at 11:59pm on 6 October 2026.
As the regulatory framework represents a critical component of your day-to-day practice, the IPA is undertaking a review of the consultation. We will be in contact with members shortly to share our initial thoughts and outline how we plan to coordinate member feedback to shape our formal response to ensure that the collective views of the insolvency sector effectively influence these policy discussions.