The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Companies Act 1989

9.—(1) The Companies Act 1989(1) is amended as follows.

(2) In section 155(3B)(a) (market contracts)(2) before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

(3) In section 158(3)(a) (modifications of the law of insolvency)(3) before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

(4) In section 163(4)(a) (net sum payable on completion of default proceedings)(4) before “a bankruptcy petition” insert “a bankruptcy application or”.

(5) In section 164 (disclaimer of property, rescission of contracts etc)(5)—

(a) in subsection (3), in the words before paragraph (a) “or presentation of bankruptcy petition” insert “, submission of bankruptcy application or”;

(b) in subsection (4)(a) before “a petition has been presented” insert “a bankruptcy application has been submitted or”;

(c) in subsection (4)(b) for “such a petition has been presented” substitute “such an application has been made or petition presented”.

(6) In section 175 (administration orders etc)(6)—

(a) in subsection (4) before “or presentation of bankruptcy petition” insert “, making of bankruptcy application”;

(b) in subsection (5) before “a petition has been presented” insert “a bankruptcy application has been made or”.

(7) In section 182(2) (powers of court in relation to certain proceedings begun before commencement) before paragraph (a) insert—

“(za) the making of a bankruptcy application on which a bankruptcy order is made, ”.

(1)

1989 c.40.

(2)

Section 155 was inserted by S.I. 2003/1908; there are other amending instruments to this section but none is relevant.

(3)

Section 158 was amended by the Enterprise Act 2002 (c.40) Schedule 17, paragraph 44(a).

(4)

Section 163 was amended by S.I. 2009/853.

(5)

Section 164 was amended by S.I. 2009/853.

(6)

Section 175 was amended by S.I. 2013/504.