51. The Official Receiver's role in voluntary arrangements
The Official Receiver's role in voluntary arrangements
51.1 Introduction and definitions
A voluntary arrangement involves a legally binding agreement in satisfaction of debts or a scheme of arrangement of the company’s/individual’s affairs which may involve restructuring, delayed or reduced payments of debts or an orderly disposal of assets. The proposal is put to creditors and, if approved, its implementation is supervised by a qualified insolvency practitioner or other authorised person. Part I of the Act contains the provisions in respect of Company Voluntary Arrangements and Part VIII contains the provisions in respect of Individual Voluntary Arrangements. The Insolvent Partnerships Order 1994 provides for voluntary arrangements in respect of partnerships and its members and parts I and VIII of the Act are applied accordingly.
The voluntary arrangement provisions are designed to provide an alternative to winding up or bankruptcy proceedings. A voluntary arrangement may be entered into before or after insolvency proceedings have been commenced.
51.2 Official Receiver’s involvement
The official receiver should have no involvement with voluntary arrangements where no winding-up or bankruptcy order is made. The exception to this would be where the official receiver represents a creditor e.g. as liquidator of a creditor company.
The official receiver’s involvement in post insolvency proceedings voluntary arrangements should be limited and they should not take any steps designed to frustrate any proposals made unless it is clear that an attempt is being made to mislead the creditors. The official receiver should provide information where necessary and may draw to the court’s attention any difficulties or special considerations of which they are aware.
51.3 Representations to the court
The official receiver is most likely to become involved with an IVA if an interim order (Section 252) is sought where it is in order for them to draw to the court’s attention any particular difficulties or special considerations which they believe the court may wish to be aware of. For example, there may have been a special manager appointed who is actively engaged in selling property and their remuneration may need to be taken into account when the details of the arrangement are agreed. It is open to the court to include provisions for such circumstances, and other matters concerning the conduct of the bankruptcy, in the terms of an interim order, if granted (Section 255(3)).
51.4 Fast Track Voluntary Arrangements (FTVAs)
FTVAs were introduced in 2004 [Enterprise Act 2002 Section 264 and Schedule 22] to provide a streamlined ‘fast track’ individual voluntary arrangement (IVA) procedure for use after a bankruptcy order has been made. The official receiver was able to act as nominee and supervisor of an FTVA provided that the debtor was an undischarged bankrupt at the time the proposal was made.
They did not prove to be successful as a concept and only a very small number were ever entered into. The provisions of the Act allowing FTVAs to be proposed were repealed in May 2015 (Small Business, Enterprise and Employment Act 2015 Section 135), though there are provisions to allow for the conclusion of FTVAs that had been proposed before that date.
All guidance relating to FTVAs has been archived.
51.5 General
The company voluntary arrangement (CVA) procedure is set out in the Insolvency Act 1986, Part I (as amended by the Insolvency Act 2000 (IA2000), the Enterprise Act 2002 (EA2002) and the Small Business Enterprise and Employment Act 2015 (SBEEA 2015) and the Insolvency (England & Wales) Rules 2016, Part 2.
In particular, IA2000 introduced to the Act the option of a short moratorium for small qualifying companies. Note that companies in liquidation do not have this option available to them (Section 1A and Schedule A1).
51.6 The official receiver’s role where a winding up order is made before completion of the CVA
Where a winding-up order is made, the official receiver should obtain details of any previous arrangement to which the company may have been subject. When a winding-up order intervenes before the completion of a CVA, the official receiver should, as soon as possible, obtain from the supervisor the following using form NPBB:
• a copy of the CVA proposal agreed by creditors
• a copy of the statement of affairs
• details of the realised and unrealised assets
• any other information which might assist with enquiries and in the protection of assets.
The official receiver should establish the basis on which the supervisor holds any assets of the company. In particular the official receiver needs to establish whether the arrangement contains any provisions in accordance with which the assets are held on trust for creditors who are bound by the CVA and, if so, whether that trust survives the making of the winding-up order.
51.7 Dealing with the assets
The CVA can provide for the way in which assets are to be dealt with on the termination of the CVA (Rule 2.3(1) (u)). The effect of liquidation (either voluntary or compulsory) on any trust created by a CVA will depend on the terms of the CVA. Any provision in the CVA for what is to happen on liquidation should be followed by the official receiver as liquidator.
Where there is no provision in the CVA for what is to happen on liquidation, the official receiver should follow the decision of the court in NT Gallagher & Son Limited (NT Gallagher & Son Limited [2002] 3 ALL ER 474) wherein the Court of Appeal held that any trust created by the CVA will continue notwithstanding the liquidation or failure of the CVA and must take effect according to its terms.
The official receiver should notify the supervisor of his conclusion regarding any trust as soon as practical in the expectation that the position will be agreed between them.
Where an asset is held on trust under the terms of the CVA, the asset will remain vested in the company. As, generally speaking, on the making of the winding-up order, the liquidator is the only person who can act for the company, it will fall to the official receiver as liquidator (or any insolvency practitioner that replaces them in that capacity) to realise assets held on trust by the company for the benefit of the CVA creditors. This might necessitate some liaison with the supervisor of the CVA. The official receiver should follow general guidance in dealing with these assets but with appropriate modification. For example, when dealing with rights of action which form part of the CVA assets, if it is necessary to seek the views of the creditors or to seek additional funding to deal with a right of action, then only the creditors under the CVA should be contacted, as they would be the beneficiaries if any action were to be successful, post-CVA creditors not having a direct interest in the realisation, at least initially.
Usually the CVA creditors can prove for so much of their debt as remains after payment of what has been or will be recovered from the monies or assets held on trust.
Although the1986 rules (rule 4.21A) allowed for the reasonable expenses of a voluntary arrangement to be paid in priority to liquidation expenses, the 2016 Rules contain no corresponding provision.
51.8 Appointment by court following voluntary arrangement
If a winding-up order is made following a CVA, an insolvency practitioner who is fully aware of the company’s circumstances will already be in office as supervisor, and it may be good sense for them to be appointed as liquidator at the time the winding-up order is made in order that he can commence the duties of liquidator immediately. The court may appoint the supervisor in office at the date of the winding-up order as liquidator of the company (Section 140(2)). In these circumstances, the official receiver is still obliged to comply with his statutory duty to gazette the order and may advertise it if they think fit (Rule 7.22(4) & (5)). They must also provide information to creditors and contributories (Rule 7.48). It is the liquidator’s duty to issue proofs of debt to the creditors.
51.9 Disqualification and prosecution
Where a winding-up order follows a CVA the official receiver retains the obligation to report on the conduct of the directors under the Company Directors Disqualification Act 1986 [Company Directors Disqualification Act 1986 Section 7a] and to make enquiries regarding the possibility that criminal offences might have been committed, including offences connected with the proposal and the CVA.
51.10 Arrangement following winding-up order
A company liquidator may propose a voluntary arrangement after the commencement of compulsory winding up proceedings (Section 1(3) (b)). The nominee may be the liquidator or another insolvency practitioner. The official receiver should not make such a proposal and where a CVA seems viable should seek the appointment of another liquidator to make the proposal and deal with all matters relating to the application.
51.11 Stay of proceedings
Where a CVA is approved on identical terms by both the company and its creditors (Section 3) and a winding-up order has been made against the company by the court, the court may stay the winding-up proceedings and give any directions it thinks appropriate for the future conduct of the winding up (Section 5(3)).
51.12 Assets to be handed over to supervisor
On the CVA coming into effect, the directors, liquidator or administrator must do all that is required for putting the supervisor into possession of the assets included in the CVA (Rule 2.39(1)).
51.13 Expenses of the liquidation
The supervisor must, out of the assets in his possession, discharge any balance due to the official receiver or liquidator for remuneration, costs, fees and expenses properly incurred and payable under the Act and Rules and any advances made in respect of the company, or give a written undertaking to discharge that balance out of the first realisation of assets. Sums due to the Official Receiver take priority over sums due to an IP liquidator or an administrator (Rule 2.39(2) to (6)).
51.14 Conversion of earlier proceedings into liquidation
A CVA is an insolvency proceeding as defined by the EC Regulation on Insolvency Proceedings 2015 [Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) Annex A]. Where the liquidator of the main proceedings considers it to be in the interest of the creditors in those proceedings he may apply to the court for the conversion of any CVA, in relation to the company, in any other member state, to winding up proceedings [Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) Article 51].
51.15 General
The Insolvent Partnerships Order 1994 (IPO) provides for a voluntary arrangement of an insolvent partnership [The Insolvent Partnerships Order 1994 Article 4] and for voluntary arrangements of members of an insolvent partnership (The Insolvent Partnerships Order 1994 Article 5). Both corporate and individual members of a partnership may enter into voluntary arrangements. Where a partnership voluntary arrangement (PVA) is proposed it may be necessary to propose IVAs for the partners to run concurrently with the PVA. A PVA should provide for both partnership creditors and for the creditors of the individual/corporate members of the partnership. Part I of the Act (Company Voluntary Arrangements) is applied to corporate members and Part VIII of the Act (Individual Voluntary Arrangements) is applied to individual members of a partnership, subject to the modifications mentioned in Article 5(1) [The Insolvent Partnerships Order 1994 Article 11 and Article 5(1)] and Schedule 1 to the IPO (as amended by the Insolvent Partnerships Amendment (No2) Order 2002 [Insolvent Partnerships Amendment (No2) Order 2002 Articles 4 and 6, and Schedule 1), and the Insolvent Partnerships Amendment Order 2005 (Insolvent Partnerships Amendment Order 2005 Article 6)].
51.16 Considerations for the official receiver
Where winding-up orders or bankruptcy orders are made against a partnership or its members subject to a voluntary arrangement, the official receiver will need to look carefully at all previous voluntary arrangements to determine whether the winding-up/bankruptcy order has the effect of terminating the arrangement. And consequently whether assets held by the supervisor are available to the official receiver as trustee or liquidator (and, if they are, the extent to which they are subject to prior charges).
51.17 Previous arrangement
Where a bankruptcy order is made, the official receiver should obtain details of any proposal previously made by a debtor under a formal or informal voluntary arrangement, a deed of arrangement under the Deeds of Arrangement Act 1914 (repealed 1 October 2015) or an appointment under section 273(2) (repealed 6 April 2016). This information may well provide particulars of assets which have not been disclosed in the bankruptcy proceedings and will generally assist the official receiver in their investigations. It will also assist the official receiver in identifying those creditors who are entitled to claim in the bankruptcy.
51.18 Effect of bankruptcy order on failed IVA
Where an IVA has failed and the supervisor or an IVA creditor presents a bankruptcy petition (Sections 264(1)(c) and276), the official receiver will need to look carefully at the IVA proposal, and any amendments, to determine what effect the bankruptcy order has on the IVA and, particularly, how any funds in hand should be dealt with.
The decision in the case of Re N T Gallagher & Son Limited [NT Gallagher & Son Limited [2002] 3 ALL ER 474] concerned a company voluntary arrangement (CVA) but the judgment is clear that it can also be applied to an IVA. In this case it was held that a supervisor of a CVA who has received contributions from the subject of a CVA is in effect the trustee of those monies, which are held in trust on behalf of the creditors bound by the CVA. It was also held that CVA creditors could prove in a subsequent liquidation for so much of their debt as remains after payment of what has been or will be recovered from the monies or assets held in trust.
Where the IVA provides for what is to happen on the making of a bankruptcy order or the failure of the IVA, those provisions should be followed. However, where there are no such provisions contained in the IVA, any trust created by the IVA over the assets will continue despite the making of the bankruptcy order.
When a bankruptcy order is made following a failed IVA, the official receiver should request the following information from the supervisor of the IVA using form NPBB:
- a copy of the IVA proposal (as amended) agreed by the creditors
- a copy of the statement of affairs and details of the assets (both realised and unrealised)
- details of any trusts the supervisor considers have been established by the IVA
- details of any distributions made
- details of any records held by the supervisor on behalf of the bankrupt
The official receiver should consider the wording of the agreed proposal to determine whether any monies or assets held by the supervisor or bankrupt are held on trust for the benefit of the IVA creditors. The official receiver should notify the supervisor and insolvent of their conclusions as soon as it is practical to do so in the expectation that the position will be agreed between them. Thereafter, the official receiver should ensure that all assets not held in trust for the IVA creditors are dealt with in the bankruptcy in the usual way.
In bankruptcy cases where an asset has been placed in trust under the IVA, it will not form part of the bankruptcy estate and will remain vested in the bankrupt (Section 283(3)(a)). It will be for the bankrupt to realise the asset and account to the supervisor for any realisation.
In cases where the bankruptcy petition is presented by the (former) supervisor under section 264(1) (c), any unpaid expenses of the IVA properly incurred as expenses of the IVA shall be a first charge on the bankruptcy estate (Section 276(2)) (even though the underlying asset from which they will be paid was not included in the IVA).
Unlike the 1986 Rules (rule 6.46A); the 2016 Rules do not contain any corresponding provision for the properly incurred unpaid expenses of the IVA forming a first charge on the bankruptcy estate, where the debtor makes their own application for bankruptcy when they are subject to an IVA.
51.19 Effect of bankruptcy order on previous IVA
Where the bankruptcy petition is presented by a creditor not bound by the IVA, e.g. a creditor whose debt has arisen since the IVA was implemented, the IVA is not automatically terminated and the assets comprising the IVA may be held in trust for the IVA creditors [Re Bradley-Hole (A bankrupt) [1995] BCC 418]. In Re: NT Gallagher & Son Limited [NT Gallagher & Son Limited [2002] 3 ALL ER 474] it was held that where a CVA provides for monies or other assets to be paid, transferred to, or held for the benefit of creditors, this will create a trust for those creditors. It was further held that where the CVA does not make express provision as to what will happen in liquidation, the trust will continue notwithstanding the liquidation or failure of the CVA and must take effect according to its terms. Although the case relates to a CVA, the judgment is clear that it can also be applied to an IVA.
51.20 Considerations for the official receiver
The official receiver will need to look carefully at a previous IVA to determine whether the bankruptcy order has the effect of terminating the arrangement and consequently whether assets held by the supervisor are available to the trustee (and, if they are, the extent to which they are subject to prior charges).
51.21 Arrangement following bankruptcy order
Where a bankrupt has not entered into an IVA prior to the bankruptcy and they have assets or there is the obvious potential for an IVA to be proposed their attention should be drawn to the voluntary arrangement provisions (Sections 252 to 263). It should be made clear to the bankrupt that the official receiver will continue to administer the bankruptcy in the usual way until the court makes an interim order (Section 255) or an order under section 261 relating to the future conduct of the bankruptcy proceedings (Section 261(4)).
51.22 Application for interim order
Where an undischarged bankrupt intends to make a proposal for an IVA, the official receiver, the trustee or the bankrupt may apply for an interim order which will provide a moratorium for the insolvent debtor (Section 253(1)&(3)). The official receiver is only expected to make such an application in exceptional circumstances (e.g. where the bankrupt is through mental or physical incapacity unable to take the necessary steps and no person can be found who can adequately deal with these matters on their behalf).
51.23 Interim order not required in every case
An interim order is not a requirement of an IVA and the debtor may apply for an IVA without also making application for an interim order (Section 256A).
51.24 Effect of application for an interim order
When an application for an interim order is made the court may stay any proceedings against the bankrupt (Section 254(2)) but the official receiver should continue to administer the bankruptcy in the normal way unless the court orders otherwise. As a stay may involve the whole of the bankruptcy proceedings, the official receiver must ensure that s/he is aware of the manner in which the bankruptcy is to be conducted while any interim order is in force. If the stay will cause any obvious problems in the bankruptcy, the official receiver should refer the matters to the court and obtain directions (Rule 8.11).
During the period of the stay the bankrupt will continue to be subject to the restrictions of bankruptcy and an application for an annulment can still be made.
51.25 Effect of interim order
During the period for which the interim order is in force
- no bankruptcy petition relating to the debtor may be presented or proceeded with,
- no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises let to the debtor, and
- no other proceedings and no execution or other legal process may be commenced or continued and no distress may be levied against the debtor or his property
without the permission of the court (Section 252(2)).
51.26 Secured creditors
A secured creditor may still take steps to enforce his security whilst an interim order is in force provided that he does not need to commence or continue proceedings, execution or other legal process, e.g. obtaining an order for possession, in order to do so.
51.27 Undisclosed information
If the official receiver is aware of any undisclosed information that may affect the views of creditors when considering the debtor’s proposal this should be brought to the court’s attention either in person or by way of a report at the hearing of the interim order (Rule 8.11). If the interim order is made, or it is a case where no interim order is sought, that information should also be drawn to the nominee’s attention. Any further undisclosed information that comes to the official receiver’s attention should also be brought to the attention of the nominee. The official receiver should also request that the nominee bring to the attention of the creditors any matters not included in his report which the official receiver considers could have a bearing on the creditors’ decision to approve the proposal.
51.28 False representation to obtain IVA
If the debtor makes any fraudulent representation, or fraudulently does or omits anything, for the purposes of obtaining approval of an IVA, this is a criminal offence (Section 262A) and the official receiver should consider making a criminal referral.
51.29 Action on receipt of nominees report
In every case the nominee must serve the official receiver, and any trustee, with a copy of the debtor’s proposal (including any amendments), a copy of the nominee’s report with any comments and a copy or summary of the statement of affairs (Rule 8.15 and Rule 8.19). For cases with no interim order the official receiver should additionally be sent:-
- a statement that no application for an interim order under section 253 is to be made
- a copy of the notice of the nominee’s consent to act
On receipt the official receiver should examine these documents and draw the nominee’s attention to any obvious discrepancies. The official receiver should ensure that provision has been made for the payment of the costs, fees and expenses of the bankruptcy and provide the nominee with an estimate of the total costs. The official receiver will normally accept an undertaking for the payment of those costs (Rule 8.25(2)(a)).
51.30 Position of the official receiver
If no insolvency practitioner trustee has been appointed the official receiver will continue as trustee until the IVA is implemented and should continue to administer the bankruptcy (subject to the terms of any interim order) including paying any money received into the Insolvency Services Account in the usual way. The court may exercise its powers to vary the normal bankruptcy procedures during the period of an interim order, for example, a continuing business where it may be necessary to use the assets of the business to enable it to continue as a going concern. The official receiver should seek to ensure that the court order does not leave them in any doubt as to how to deal with any property and by whom and also does not place any onerous duties on them (Section 255(3)&(4)).
51.31 Creditors’ decision
Creditors will consider the debtor’s proposal via a decision procedure (Section 257). After the decision has been made, the convener must give notice of the decision to the creditors and the official receiver (Rule 8.24(5)) and, where an interim order is in place, the convener must also report the decision to court (Section 259(1)(b) and Rule 8.24(3)).
51.32 Challenge of the creditors’ decision
The debtor, a creditor, the official receiver or the trustee may challenge the decision of the creditors within a period of 28 days from the date on which the report of the creditors’ decision was filed at court or, where filing at court is not required, the date on which notice of the decision was given (Section 262). The grounds for a challenge are that the arrangement unfairly prejudices the interests of a creditor or the debtor or that there has been some material irregularity at, or in relation to, the creditors’ decision procedure. The official receiver is only expected to make such an application in exceptional circumstances.
51.33 Rejection of proposal
Where a voluntary arrangement proposed under section 256 is not approved by the creditors’ decision procedure, any interim order may be discharged by the court following the receipt of the convener’s report (Section 259(2)). The interim order will continue to have effect until it expires or the court orders its discharge. If the official receiver needs to proceed with the bankruptcy before the interim order ceases to have effect they should make an immediate application to the court for directions (Rule 13.3) with a view to obtaining the discharge of the interim order and any stay of proceedings.
51.34 Approval of proposal
Where the creditors’ decision approves the proposal it takes effect from the date of the decision to approve it. It binds every person who was entitled to vote in the decision procedure and every person who would have been so entitled if they had had notice of the decision procedure. Any interim order in force will cease to have effect at the end of a period of 28 days from when the report of the creditors’ decision was filed at court, except if the court directs otherwise in circumstances where there is an application to challenge to the decision (Section 260).
51.35 Handover to supervisor
Once a proposal is approved the IVA should get under way as soon as practicable, subject only to being halted by a challenge under section 262. The official receiver must do all that is required to put the supervisor in possession of the assets included in the IVA (Rule 8.25(1)), and should therefore hand over the property included in the IVA as soon as practicable after the creditors’ decision procedure. A receipt should be obtained for any physical assets held by the official receiver. A handover to a supervisor does not involve the record book, estate cash book or other documents usually handed over to a trustee.
Any assets not included in the IVA should remain in the control of the official receiver as trustee until the bankruptcy order is annulled or other directions for their disposal are made by the court.
51.36 Payment of official receiver’s costs
When the supervisor takes possession of the assets they are required to discharge any balance due to the official receiver and trustee in respect of fees, costs, expenses and remuneration. Where there are insufficient funds in the hands of the official receiver to be retained to pay those costs they should obtain a written undertaking from the supervisor, before handing over the assets, to pay those costs out of the first realisation of assets. The official receiver’s costs take priority over sums due to a trustee in the bankruptcy proceedings (Rule 8.25).
51.37 Annulment of the bankruptcy order
Where creditors have decided to approve an IVA the court shall, on the application of the bankrupt or (where the bankrupt fails to make an application) the official receiver, annul the bankruptcy. The court may give such directions about the conduct of the bankruptcy and the administration of the bankruptcy estate as it thinks appropriate for facilitating the implementation of the approved voluntary arrangement (Section 261).
51.38 Application by bankrupt to annul bankruptcy order
The bankrupt’s application for the annulment of the bankruptcy order should be supported by a witness statement stating that the IVA has been approved by creditors, the date on which it was approved and that the 28 day period in which the decision of the creditors may be challenged has expired (Rule 8.32(1)).
The bankrupt must give the official receiver, any insolvency practitioner trustee and the supervisor of the IVA not less than five business days’ notice of the hearing of the application (Rule 8.32(3)).
The official receiver, the trustee and the supervisor may attend the hearing or be represented and draw to the attention of the court any relevant matters they think appropriate (Rule 8.32(4)).
Where the court annuls the bankruptcy order it will send sealed copies of the order of the annulment to the former bankrupt, the official receiver, any insolvency practitioner trustee and the supervisor of the IVA (Rule 8.34(2)).
51.39 Application by official receiver to annul bankruptcy order
If the bankrupt fails to make an application for the annulment of the bankruptcy order, the official receiver may apply. The official receiver may not make the application before the expiry of 42 days beginning with the day on which the nominee filed the report of the creditors’ decision with the court or, where that is not required, the date on which the nominee issued notice of the result of the creditors’ decision (Rule 8.33(2)). The official receiver’s application should be supported by a report stating the grounds on which the application is made and contain a statement that the time period above has expired and that they are not aware that any application or appeal remains to be disposed of (Rule 8.33(1)).
Where the court annuls the bankruptcy order it will send notice of the annulment to the official receiver, any insolvency practitioner trustee, the supervisor of the IVA and the bankrupt (Rule 8.34(2)).
51.40 Notice of annulment to be sent to creditors
Where the bankruptcy order is annulled the official receiver must notify all creditors to whom notice of the bankruptcy has been issued, of the annulment. Expenses incurred by the official receiver in giving notice of the annulment to the creditors are a charge in their favour on the property of the former bankrupt (Rule 8.35(1)&(2)).
The former bankrupt is entitled to request, in writing, within 28 days of the making of the annulment order, that the official receiver give notice of the annulment of the bankruptcy in the gazette and in the same manner as the bankruptcy order was originally advertised (if it was, in fact, originally advertised) (Rule 8.36(1)). The costs of such publication are met from the administration fee.
51.41 Failure of IVA
Where the IVA fails the supervisor may apply to the court for directions (Section 263(4)) or may present a bankruptcy petition (Section 264(1(c) and Section 276). Where the original bankruptcy order was annulled and the petition dismissed a new petition can be presented by the supervisor or a creditor (Section 264 and Section 276)3, or the debtor may make their own application to the adjudicator (Section 263H).
51.42 Individual insolvency register (IIR)
A database of IVAs is kept by the Insolvency Service (maintained by Estates Accounts and Scanning) and the information is available on the Individual Insolvency Register (IIR) which is open to the public free of charge through the Insolvency Service website (Rule 11.13 and 11.14). The convener of a creditors’ decision making procedure which approves an IVA is required to provide details of the arrangement to the Secretary of State for registration (Rule 8.26). The Rules specify the information which must appear on the IIR, subject to any order under the ‘persons at risk of violence’ provisions (Rule 20.1, 20.2 and 20.3). The official receiver can view the register via the link on the intranet homepage.
All information concerning an IVA must be deleted from the register of IVAs 3 months after the Secretary of State has received a notice that the IVA has been revoked, fully implemented or terminated (Rule 11.15).