[F1379ZBDeemed consent procedureE+W
(1)The deemed consent procedure may be used instead of a creditors' decision procedure where an individual's creditors are to make a decision about any matter, unless—
(a)a decision about the matter is required by virtue of this Act, the rules or any other legislation to be made by a creditors' decision procedure, or
(b)the court orders that a decision about the matter is to be made by a creditors' decision procedure.
(2)If the rules provide for an individual's creditors to make a decision about the remuneration of any person, they must provide that the decision is to be made by a creditors' decision procedure.
(3)The deemed consent procedure is that the relevant creditors (other than opted-out creditors) are given notice of—
(a)the matter about which the creditors are to make a decision,
(b)the decision the person giving the notice proposes should be made (the “proposed decision”),
(c)the effect of subsections (4) and (5), and
(d)the procedure for objecting to the proposed decision.
(4)If less than the appropriate number of relevant creditors object to the proposed decision in accordance with the procedure set out in the notice, the creditors are to be treated as having made the proposed decision.
(5)Otherwise—
(a)the creditors are to be treated as not having made a decision about the matter in question, and
(b)if a decision about that matter is again sought from the creditors, it must be sought using a creditors' decision procedure.
(6)For the purposes of subsection (4) the “appropriate number” of relevant creditors is 10% in value of those creditors.
(7)“Relevant creditors” means the creditors who, if the decision were to be made by a creditors' decision procedure, would be entitled to vote in the procedure.
(8)In this section references to creditors include creditors of a particular class.
(9)The rules may make further provision about the deemed consent procedure.]
Textual Amendments
F1Ss. 379ZA-379ZC and cross-heading inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 123(2), 164(1); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(b) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)
Modifications etc. (not altering text)
C1Ss. 379ZA, 379ZB modified by The Insolvent Partnerships Order 1994 (S.I. 1994/2421), Sch. 7A (as inserted (6.4.2017) by The Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Savings) Regulations 2017 (S.I. 2017/540), reg. 1, Sch. 2 para. 10 (with reg. 4))