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Have your say on the future of insolvency rules for England, Wales and Scotland

Author: Professional Standards Department

Published: 22 Jul 2026

Insolvency practitioners are encouraged to share their practical experience as the UK Government reviews whether the Insolvency Rules remain effective, proportionate and ready for technological change. The consultation applies to England, Scotland and Wales and ends 6 October 2026.

The UK Government has opened a consultation on its second review of the Insolvency (England and Wales) Rules 2016 and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 (the Rules).

The review asks whether the Rules remain fit for purpose and where administrative or regulatory burdens could be reduced. It also considers potential future changes and how the framework should respond to developments in digital communication, artificial intelligence, digital assets and cryptocurrencies.

Why respond to the consultation?

  • It provides an opportunity to improve the effectiveness of the Rules and how they operate, as well as identifying disproportionate administrative or regulatory requirements, and enhancing efficiency. 
  • It will enable the Rules to be updated to reflect economic and technological changes, developments in digital communication, artificial intelligence and new asset types.

What does the consultation cover?

Note that it has two parts. Part 1 relates to the statutory elements and whether the Rules remain fit for purpose. Part 2 looks at a range of potential future changes. The government isn’t consulting on preferred options but is seeking to gather a wide range of opinions and potential solutions that may improve the functioning of the Rules.

Topics include:

  • deemed consent for electronic delivery of information;
  • inviting creditors to form committees;
  • processing personal data;
  • out-of-court appointments of administrators;
  • small debt provisions;
  • employee debts; and
  • IP fee approval where CVL creditors do not vote.
Insolvency practitioners’ day-to-day experience can help identify where procedures create unnecessary cost, delay or uncertainty, and where safeguards should be retained. We are encouraging insolvency practitioners to review and engage with the consultation. Your input is important and can help shape the future of the profession.

The consultation closes at 11.59pm on 6 October 2026.

How to respond?

Respond online before the deadline of 6 October by visiting GOV.UK’s web page.

Second Review of the Insolvency (England and Wales) Rules 2016 and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 – Public Consultation - GOV.UK

Useful links

ICAEW Insolvency hub