Search Legislation

Advanced Search

Enterprise Act 2002

Changes over time for: Paragraph 39

Help about opening options

Alternative versions:

Changes to legislation:

Enterprise Act 2002, Paragraph 39 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

This section has no associated Explanatory Notes

39(1)Schedule 10 (punishment of offences) shall be amended as follows.E+W+S

(2)After the entries for Schedule A1 insert—

“Sch. B1, para. 18(7).Making false statement in statutory declaration where administrator appointed by holder of floating charge.

1. On indictment.

2. Summary.

2 years, or a fine or both.

6 months, or the statutory maximum or both.

 
Sch. B1, para. 20.Holder of floating charge failing to notify administrator or others of commencement of appointment.

1. On indictment.

2. Summary.

2 years, or a fine or both.

6 months, or the statutory maximum or both.

One-tenth of the statutory maximum.
Sch. B1, para. 27(4).Making false statement in statutory declaration where appointment of administrator proposed by company or directors.

1. On indictment.

2. Summary.

2 years, or a fine or both.

6 months, or the statutory maximum or both.

 
Sch. B1, para. 29(7).Making false statement in statutory declaration where administrator appointed by company or directors.

1. On indictment.

2. Summary.

2 years, or a fine or both.

6 months, or the statutory maximum or both.

 
Sch. B1, para. 32.Company or directors failing to notify administrator or others of commencement of appointment.

1. On indictment.

2. Summary.

2 years, or a fine or both.

6 months, or the statutory maximum or both.

One-tenth of the statutory maximum.
Sch. B1, para. 45(2).Administrator, company or officer failing to state in business document that administrator appointed.Summary.One-fifth of the statutory maximum. 
Sch. B1, para. 46(9).Administrator failing to give notice of his appointment.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 48(4).Failing to comply with provisions about statement of affairs where administrator appointed.

1. On indictment.

2. Summary.

A fine.

The statutory maximum.

One-tenth of the statutory maximum.
Sch. B1, para. 49(7).Administrator failing to send out statement of his proposals.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 51(5).Administrator failing to arrange initial creditors’ meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 53(3).Administrator failing to report decision taken at initial creditors’ meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 54(7).Administrator failing to report decision taken at creditors’ meeting summoned to consider revised proposal.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 56(2).Administrator failing to summon creditors’ meeting.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 71(6).Administrator failing to file court order enabling disposal of charged property.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 72(5).Administrator failing to file court order enabling disposal of hire-purchase property.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 77(3).Administrator failing to notify Registrar of Companies of automatic end of administration.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 78(6).Administrator failing to give notice of extension by consent of term of office.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 80(6).Administrator failing to give notice of termination of administration where objective achieved.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 84(9).Administrator failing to comply with provisions where company moves to dissolution.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 86(3).Administrator failing to notify Registrar of Companies where court terminates administration.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Sch. B1, para. 89(3).Administrator failing to give notice on ceasing to be qualified.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.”

(3)Omit the entries for the following provisions—

(a)section 12(2),

(b)section 15(8),

(c)section 18(5),

(d)section 21(3),

(e)section 22(6),

(f)section 23(3),

(g)section 24(7), and

(h)section 27(6).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: