The Small Business, Enterprise and Employment Act 2015 (Commencement No. 6 and Transitional and Savings Provisions) Regulations 2016

Transitional and saving provision

5.—(1) This regulation applies where on or after 6th April 2017—

(a) a creditors’ or contributories’ meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the Insolvency Rules 1986(1) or the 1986 Act;

(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c) a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 to the 1986 Act and a request made before that date which obliges the administrator to summon an initial creditors’ meeting;

(d) a progress meeting is required by section 104A of the 1986 Act(2) in the winding up of a company where the resolution to wind up was passed before 6th April 2010; or

(e) a meeting is to be held under section 94, 106, 146 or 331 of the 1986 Act as a result of—

(i) a final report to creditors sent under rule 4.49D of the Insolvency Rules 1986 (final report to creditors in liquidation),

(ii) a final report to creditors and bankrupt sent under rule 6.78B of the Insolvency Rules 1986 (final report to creditors and bankrupt), or

(iii) a meeting being called under section 94 of the 1986 Act (final meeting prior to dissolution).

(2) Where such a meeting is to be held, the 1986 Act applies without the amendments made by—

(a) section 122 of the 2015 Act;

(b) section 123 of the 2015 Act; and

(c) section 126 and Schedule 9 to the 2015 Act, insofar as those amendments relate to the abolition of requirements to hold meetings.

(1)

S.I. 1986/1925.

(2)

1986 c.45. Article 12 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 S.I. 2010/18 saves section 104A of the Act in relation to companies where the resolution to wind up was passed before 6th April 2010.