The Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Savings) Regulations 2017

Administration of Insolvent Estates of Deceased Persons Order 1986

1.—(1) The Administration of Insolvent Estates of Deceased Persons Order 1986(1) is amended as follows.

(2) In paragraph 1 of Part II of Schedule 1, after sub-paragraph (b) insert—

“(ba) after subsection (1)(a) there shall be added—

“(aa) by the personal representative of the deceased debtor,”;”.

(3) For paragraph 15 of Part II of Schedule 1, substitute—

“15.   Section 288(2) with the modification that for subsections (1) to (3) there shall be substituted the following—

“(1) Where an insolvency administration order has been made, the official receiver may at any time require the personal representative, or if there is no personal representative such person as the court may on the application of the official receiver direct, to submit to the official receiver a statement of the deceased debtor’s affairs.

(2) The statement of affairs must contain—

(a) particulars of the assets and liabilities of the estate as at the date of the insolvency administration order, and

(b) other particulars of the affairs of the deceased debtor in Form 7 set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986, or as the official receiver may require.

(3) Where the personal representative or such person as the court may direct is required under subsection (1) to submit a statement of affairs to the official receiver, the statement must be submitted before the end of the period of 56 days beginning with the date on which notice of the requirement under subsection (1) is given by the official receiver, or such longer period as he or the court may allow.”.”.

(4) After paragraph 17 of Part II of Schedule 1, insert—

“17A.   Section 291A(3).”

(5) For paragraph 18 of Part II of Schedule 1, substitute—

“18.   Sections 292 to 302(4).”

(6) For paragraph 28 of Part II of Schedule 1, substitute—

“28.   Sections 342 to 349(5) and 350(1), (2), and (4) to (6)(6).”

(7) For paragraph 32 of Part II of Schedule 1, substitute—

“32.   Sections 383 to 384(7).”

(8) For paragraph 2 of Part III of Schedule 1, substitute—

“2.   Section 257(8) with the modification that where the individual dies before the individual’s creditors have decided whether to approve the proposed voluntary arrangement, the creditors must not approve the proposal and, if the individual was at the date of his death an undischarged bankrupt, the personal representative shall give notice of the death to the deceased debtor’s creditors, the trustee of his estate and the official receiver.”.

(9) For paragraph 3 of Part III of Schedule 1, substitute—

“3.   Section 258(9).

3A.   Section 259(10) with the modification that after subsection (1) there shall be added—

“(1A) Where the individual’s creditors considered the debtor’s proposal pursuant to a report to the court under section 256(1)(aa)(11) but the individual has died before the creditors have decided whether to approve the proposed voluntary arrangement—

(a) the creditors must not approve the proposal;

(b) the personal representative must report to the court that the proposal has not been approved; and

(c) if the individual was at the date of his death an undischarged bankrupt, the personal representative must give notice of the death to the deceased debtor’s creditors, the trustee of his estate and the official receiver.”.”

(1)

S.I. 1986/1999. Relevant amendments are made by the Administration of Insolvent Estates of Deceased Persons (Amendment) Order 2002 (S.I. 2002/1309) and the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481).

(2)

Section 288 was amended by paragraph 18 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24) with effect from 6th April 2016 and by paragraph 15 of Part 5 of Schedule 6 to the Deregulation Act 2015 with effect from 6th April 2017.

(3)

Section 291A was inserted by section 133(1) of the Small Business, Enterprise and Employment Act 2015 with effect from 6th April 2017.

(4)

Relevant amendments were made to sections 292 to 302 by the Enterprise Act 2002 (c. 40), paragraph 1 of Schedule 26; the Enterprise and Regulatory Reform Act 2013 (c .24), Schedule 19; and the Small Business, Enterprise and Employment Act, Schedules 9 and 10.

(5)

Relevant amendments to sections 342 to 349 were made by the Enterprise and Regulatory Reform Act 2013 (c .24), Schedule 19; and the Small Business, Enterprise and Employment Act, Schedules 9 and 10. Sections 342A to 342F were added by the Welfare Reform and Pensions Act 199 (c. 30), section 15 and Schedule 12.

(6)

Relevant amendments are made by the Enterprise and Regulatory Reform Act 2013 (c .24), Schedule 19.

(7)

Relevant amendments to section 383 were made by the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 19. Section 383A was inserted by the Small Business, Enterprise and Employment Act 2015 (c. 26), section 125(4). Relevant amendments were made to section 384 by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 12; the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 20; the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 19; the Enterprise Act 2002 (c. 40), section 261; and the Tribunals Courts and Enforcement Act 2007 (c. 15), Schedule 20.

(8)

Relevant amendments to section 257 were made by the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 (S.I. 2010/18), article 8(2) and by the Small Business, Enterprise and Employment Act 2015 (c. 26), Schedule 9.

(9)

Relevant amendments were made by the Small Business, Enterprise and Employment Act 2015 (c. 26), Schedule 9.

(10)

Relevant amendments to section 259 were made by the Small Business, Enterprise and Employment Act 2015 (c. 26), Schedule 9.

(11)

Section 256(1)(aa) was amended by the Small Business, Enterprise and Employment Act 2015 (c. 26), Schedule 9.