Limited Liability Partnerships Regulations 2001

Regulation 5(3)

SCHEDULE 4

The provisions listed in this Schedule are not applied to Scotland to the extent specified below:

• Sections 50 to 52;

• Section 53(1) and (2), to the extent that those subsections do not relate to the requirement for a copy of the instrument and notice being forwarded to the registrar of companies;

• Section 53(4) (6) and (7);

• Section 54(1), (2), (3) (to the extent that that subsection does not relate to the requirement for a copy of the interlocutor to be sent to the registrar of companies), and subsections (5), (6) and (7);

• Sections 55 to 58;

• Section 60, other than subsection (1);

• Section 61, including subsections (6) and (7) to the extent that those subsections do not relate to anything to be done or which may be done to or by the registrar of companies;

• Section 62, including subsection (5) to the extent that that subsection does not relate to anything to be done or which may be done to or by the registrar of companies;

• Sections 63 to 66;

• Section 67, including subsections (1) and (8) to the extent that those subsections do not relate to anything to be done or which may be done to the registrar of companies;

• Section 68;

• Section 69, including subsections (1) and (2) to the extent that those subsections do not relate to anything to be done or which may be done by the registrar of companies;

• Sections 70 and 71;

• Subsection 84(3), to the extent that it does not concern the copy of the resolution being forwarded to the registrar of companies within 15 days;

  • Sections 91 to 93;

  • Section 94, including subsections (3) and (4) to the extent that those subsections do not relate to the liquidator being required to send to the registrar of companies a copy of the account and a return of the final meeting;

  • Section 95;

  • Section 97;

  • Sections 100 to 102;

  • Sections 104 to 105;

  • Section 106, including subsections (3), (4) and (5) to the extent that those subsections do not relate to the liquidator being required to send to the registrar of companies a copy of the account of winding up and a return of the final meeting/quorum;

  • Sections 109 to 111;

  • Section 112, including subsection (3) to the extent that that subsection does not relate to the liquidator being required to send to the registrar a copy of the order made by the court;

  • Sections 113 to 115;

  • Sections 126 to 128;

  • Section 130(1) to the extent that that subsection does not relate to a copy of the order being forwarded by the court to the registrar;

  • Section 131;

  • Sections 133 to 135;

  • Sections 138 to 140;

  • Sections 142 to 146;

  • Section 147, including subsection (3) to the extent that that subsection does not relate to a copy of the order being forwarded by the company to the registrar;

  • Section 162 to the extent that that section concerns the matters set out in Section C.2 of Schedule 5 to the Scotland Act 1998 as being exceptions to the insolvency reservation;

  • Sections 163 to 167;

  • Section 169;

  • Section 170, including subsection (2) to the extent that that subsection does not relate to an application being made by the registrar to make good the default;

  • Section 171;

  • Section 172, including subsection (8) to the extent that that subsection does not relate to the liquidator being required to give notice to the registrar;

  • Sections 173 and 174;

  • Section 177;

  • Sections 185 to 189;

  • Sections 191 to 194;

  • Section 196 to the extent that that section applies to the specified devolved functions of Part IV of the Insolvency Act 1986;

  • Section 199;

  • Section 200 to the extent that it applies to the specified devolved functions of Part IV of the First Group of Parts of the 1986 Act;

  • Sections 206 to 215;

  • Section 218 subsections (1), (2), (4) and (6);

  • Section 231 to 232 to the extent that the sections apply to administrative receivers, liquidators and provisional liquidators;

  • Section 233, to the extent that that section applies in the case of the appointment of an administrative receiver, of a voluntary arrangement taking effect, of a company going into liquidation or where a provisional liquidator is appointed;

  • Section 234 to the extent that that section applies to situations other than those where an administration order applies;

  • Section 235 to the extent that that section applies to situations other than those where an administration order applies;

  • Sections 236 to 237 to the extent that those sections apply to situations other than administration orders and winding up;

  • Sections 242 to 243;

  • Section 244 to the extent that that section applies in circumstances other than a company which is subject to an administration order;

  • Section 245;

  • Section 251, to the extent that that section contains definitions which apply only to devolved matters;

  • Section 416(1) and (4), to the extent that those subsections apply to section 206(1)(a) and (b) in connection with the offence provision relating to the winding up of a limited liability partnership;

• Schedule 2;

• Schedule 3;

• Schedule 4;

• Schedule 8, to the extent that that Schedule does not apply to voluntary arrangements or administrations within the meaning of Parts I and II of the 1986 Act.

• In addition, Schedule 10, which concerns punishment of offences under the Insolvency Act 1986, lists various sections of the Insolvency Act 1986 which create an offence. The following sections, which are listed in Schedule 10, are devolved in their application to Scotland:

  • Section 51(4);

  • Section 51(5);

  • Sections 53(2) to 62(5) to the extent that those subsections relate to matters other than delivery to the registrar of companies;

  • Section 64(2);

  • Section 65(4);

  • Section 66(6);

  • Section 67(8) to the extent that that subsection relates to matters other than delivery to the registrar of companies;

  • Section 93(3);

  • Section 94(4) to the extent that that subsection relates to matters other than delivery to the registrar of companies;

  • Section 94(6);

  • Section 95(8);

  • Section 105(3);

  • Section 106(4) to the extent that that subsection relates to matters other than delivery to the registrar of companies;

  • Section 106(6);

  • Section 109(2);

  • Section 114(4);

  • Section 131(7);

  • Section 164;

  • Section 166(7);

  • Section 188(2);

  • Section 192(2);

  • Sections 206 to 211; and

  • Section 235(5) to the extent that it relates to matters other than administration orders.