5. The Individual Insolvency Register
Information about the public register of bankruptcies, debt relief orders and individual voluntary arrangements
5.1 Introduction
The legislation [rule 11.13] provides that the Secretary of State must create a register of matters relating to bankruptcies, debt relief orders (DRO) and individual voluntary arrangements. The Secretary of State is also required to maintain a register of those subject to bankruptcy and debt relief order restrictions or undertakings. In practice, there is one register kept which is an amalgamation of the two registers required to be kept, which is known as the individual insolvency register (IIR).
5.2 Categories of information kept
The IIR is, in particular, required to include details of:
- bankruptcies that are either current or where the bankrupt has been discharged in the last three months
- Individual voluntary arrangements (IVAs) that are either current or have ended in the last three months
- debt relief order (DROs) that are either current or have ended in the last three months;
- current bankruptcy restriction orders (BROs) and bankruptcy restriction undertakings (BRUs)
- current debt relief restriction orders (DRROs) and debt relief restriction undertakings (DRRUs).
5.3 Public access to the IIR
Members of the public are entitled to search the IIR at an official receiver’s office between the hours of 9am to 5pm [rule 11.13(4)]. In practice, this means that the search will be conducted by the official receiver using information supplied by the searcher (see guidance on conducting a search below).
Most searches are carried out using the on-line search facility (formerly known as the eIIR) provided on GOV.UK
5.4 Information to be included in the IIR in relation to bankruptcies
The legislation [rule 11.16] requires that the following information regarding existing bankruptcies or bankruptcies where the bankrupt received their discharge in the previous three months is made available on the IIR:
- name (including aliases)
- last known address
- occupation (if any)
- trading details
- date of birth
- gender
- details (court, number, date etc.) of the bankruptcy
- automatic discharge date or date discharge was suspended
- the official receiver’s address
- the date of any bankruptcy order or DRO made in the six year period prior to the latest bankruptcy
5.5 Information to be included in the IIR in relation to DROs
The legislation [rule 11.18] requires that the following information regarding existing DROs or DROs where the debtor received their discharge in the previous three months is made available on the IIR:
- name
- last known address
- occupation (if any)
- trading details
- date of birth
- gender
- date of the making of the DRO
- the reference number of the DRO
- the date of the end of the moratorium period
- the date of any bankruptcy order or DRO made in the six year period prior to the latest DRO
5.6 Information to be included in the IIR in relation to IVAs
The legislation [rule 11.14] requires that the following information regarding current IVAs or IVAs that have ended in the previous three months is made available on the IIR:
- name (including aliases)
- last known address
- date of birth
- gender
- date on which arrangement was approved by creditors;
- the name and address of the supervisor
- a statement whether the arrangement was completed in accordance with its terms or failed.
Information relating to IVAs is recorded by Estate Account Services (EAS).
5.7 Information to be recorded in the IIR in relation to BROs, BRUs, DRROs and DRRUs
The legislation [rule 11.20] requires that the following information regarding current BROs and BRUs or DRROs and DRRUs (including interim BROs and DRROs) is made available on the IIR:
- name
- last known address
- occupation and trading details
- date of birth
- gender
- a statement that an order has been made or an undertaking given
- the date that the order was made or undertaking given
- the length of the restriction or undertaking
5.8 Information that may be withheld from the IIR
The legislation [rules 20.5(4)(a)(ii) and 20.6(4)(a)(ii)] provides that, where disclosure might reasonably be expected to lead to violence against the debtor or other person residing with the debtor, the address of the debtor may, on the order of the court, be withheld from the IIR.
Responsibility for ensuring that such an order is given effect rests with the official receiver.
5.9 Duration of entries on the IIR – bankruptcy
An entry relating to bankruptcy is deleted from the IIR as follows [rule 11.17]:
- where bankrupt has received discharge – three months after the date of discharge.
- where order annulled on grounds other than ought not to have been made – three months after the date that the secretary of state (in practice, the official receiver) receives notice of the annulment.
- where order annulled on the grounds that order ought not to have been made – 28 days after the date that the secretary of state (in practice, the official receiver) receives notice of the annulment.
- where the order is rescinded – 28 days after the date that the secretary of state (in practice, the official receiver) receives notice of the rescission order.
5.10 Duration of entries on the IIR – DROs
An entry relating to a DRO is deleted from the IIR three months after the date that the order is revoked or three months after the debtor has been discharged [rule 11.19].
5.11 Duration of entries on the IIR – IVAs
An entry relating to an IVA is deleted from the IIR three months after the date that the Secretary of State (in practice EAS) receives notice that the arrangement has been revoked or that is has been terminated or completed [rule 11.15].
5.12 Duration of entries on the IIRR – BROs, BRUs, DRROs and DRRUs
An entry relating to a BRO, BRU, DRRO or DRRU is removed from the IIR as soon as the Secretary of State receives notice that the order or undertaking has ceased to have effect or the expiry of the order or undertaking [rule 11.21].
5.13 Recording information relating to death of a debtor
The Secretary of State (in practice, usually the official receiver) has a duty to record the fact and date of death of a person in respect of whom information is held on the IIR where they receive notice of death [rule 11.23].
5.14 General duty to rectify register
The Secretary of State has a general duty to rectify the IIR when becoming aware of an inaccuracy contained therein [rule 11.22].
In practice, this will be the duty of the relevant part of the Agency and the obligation will be met by the timely and accurate correction of information on the case management system where required.
5.15 Acquisition of IIR data by internet search engines
Internet search engines can collect the data in the IIR and make it available to those conducting a search of the internet. This can mean that details of insolvencies that have been removed from IIR can sometimes still be publicly available on the internet.
Where the official receiver receives a complaint that this has happened, they should respond that the Agency is under a legal obligation to produce the IIR but has no control over how third parties collect or use the data contained therein. Any complaint in this regard should instead be directed to the appropriate search engine provider.
5.16 General
As covered above, the IIR draws much of its data from the case management system and it is therefore important that this is completed accurately, and in a timely manner, to assist in meeting statutory obligations in respect of the IIR and to ensure that the IIR is a useful tool for the provision of insolvency information to the public.
In particular, the official receiver should see that the following case events/details are recorded accurately:
- bankrupt’s personal information
- annulment and rescission
- stays of advertisement or proceedings
- court order withholding address
5.17 Official receiver’s role in dealing with personal searches of the IIR
Although the majority of searches of the IIR are conducted on-line, the legislation provides that a facility for personal searches is available Monday to Friday, 9am to 5pm (except bank holidays). The network of official receiver’s offices provides this facility.
Where a member of the public attends to conduct a search of the IIR, they should be provided with copies of reports of all matches identical to the name provided in the search request even if the date of birth is not known.
Where a search returns an unworkably large number of results, the searcher may be asked to provide further details (for example, the date of birth) to aid in further identification.
5.18 Care to be taken to only provide information or records appearing on IIR
Where a person makes a search of the IIR, whether personally or by telephone, the official receiver should take care to only provide information that is on the IIR. Whilst there might be a temptation, from a customer care point of view, to assist by looking for (further) details on the case management service, this should be avoided.
The official receiver may instead refer the enquirer to the insolvency section of the website of the London Gazette which contains current and historical bankruptcy information.
Extra care should be taken in respect of the affairs of an individual whose address has been withheld.
Where an enquirer has an apparently good reason for seeking information beyond that available on the IIR or from the Gazette, they should make their request in writing and the official receiver should consider carefully whether to release the requested information, taking into account the guidance concerning the data protection legislation and confidentiality.
5.19 Accurate recording of bankrupt’s personal information important
It is, of course, important that all information on the case management service is recorded accurately and in a timely manner, but this is doubly important in respect of those personal details that are transferred from the case management service into the IIR. Precise recording of the date of birth is particularly important as this is often a key identifying feature for searchers.
5.20 Recording annulment and rescission information
The legislation provides that bankruptcy details are removed from the IIR following the making of an annulment order. At what point the information is removed depends on the grounds for the annulment. It is therefore important that the fact and date of annulment and the grounds for the annulment are recorded on the case management system accurately and in a timely manner.
5.21 Recording information relating to stays of advertisement or proceedings
The court has the power to stay all or part of the insolvency proceedings. Where a stay of advertisement or stay of proceedings is granted by the court, it is important that details are recorded immediately so that bankruptcy details do not appear, or are removed from, the IIR.
5.22 Recording information relating to stays of advertisement or proceedings obtained subsequent to an annulment or rescission
Where the bankrupt obtains a stay of proceedings or stay of advertisement prior to obtaining an annulment of the bankruptcy order, details of the bankruptcy will be withheld from the IIR. When the annulment is granted the stay will be lifted and the details of the bankruptcy will then appear on the IIR for the requisite time. This might cause difficulties for the bankrupt, particularly in cases where the order was annulled on the grounds that it ought not to have been made and the stay was intended to protect the bankrupt’s business and/or reputation. It is open to the bankrupt to obtain a further (post annulment) stay to prevent this. Where such a further stay is granted, the official receiver should take immediate steps to record on the case management system that the stay has been granted/extended to ensure that details of the bankruptcy are withheld from the IIR.
5.23 Recording fact and date of an individual’s death
As outlined above, the Secretary of State has a duty to record the fact and date of death of any individual in respect of whom information is held on the IIR.
In practice, it will generally be the official receiver who will receive notice of the death of a debtor and should update the case management system as soon a practicable to ensure that the information is fed through to IIR.
ISCIS note: On the Case Header tab, select ‘Update’ then ‘Update Case Party’ then select the drop-down box ‘Deceased’ and alter the default ‘No’ to ‘Yes’ and then insert the appropriate date of death in the ‘Date of deceased’ box, immediately below.
5.24 Recording that bankrupt’s address is withheld – including in relation to a BRO/BRU
Where the court makes an order that an individual’s address is withheld from the IIR, the official receiver should immediately note the case management system to show that the address is withheld as this will feed through to the IIR.
ISCIS note: On the Case Header tab, select ‘Update’ and tick the box ‘Address Withheld’.
The official receiver should also ensure when issuing any bankruptcy restriction proceedings that the application complies with the court order and that, if applicable, the current address does not appear on the bankruptcy restrictions register if an undertaking is given or an order made. In appropriate cases the attention of the Civil Proceedings Team should be drawn to the court order restricting disclosure of the current address when reporting the result of a bankruptcy restrictions hearing or a bankrupt’s consent to a bankruptcy restrictions undertaking.
5.25 Recording commencement and cessation of BRO, BRU, DRRO or DRRU
Where the court makes a BRO or DRRO, or where the bankrupt or debtor enters into a BRU or DRRU, the official receiver should immediately record the relevant details on the case management system to ensure that the information is fed through to the IIR.
The information to be recorded should include any change in tariff or variance of the BRU/DRRU.
ISCIS note: on the Case Header tab on the INV case, select ‘Update Individual Details’ and update the appropriate sections in the Restrictions Proceedings and Outcome sections.
In the event that the changes do not take effect, the official receiver should refer matters to the Civil Proceedings Team for manual adjustment.
5.26 Recording information relating to a certificate of discharge
Where the official receiver receives a copy of an order suspending the bankrupt’s discharge the official receiver must enter the details in the case management system:
ISCIS note: enter the details in the hearings tab and the following in the compliance tab:
- the date of the order
- the period for which the discharge has been suspended or
- the period the relevant period has ceased to run until the bankrupt has fulfilled the conditions specified in the order
Where the court sends the official receiver an order lifting the suspension of the bankrupt’s discharge the details must be entered onto the case management system, including the new date for the bankrupt’s discharge. If the court subsequently rescinds an order lifting the suspension of discharge, i.e. re-imposes a suspension of the bankrupt’s discharge, the official receiver must amend the case management system accordingly.
Once the information has been entered into ISCIS the IIR will be updated automatically.