C1 Part X Individual Insolvency: General Provisions
F1Creditors' decisions
Ss. 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)
379ZCPower to amend sections 379ZA and 379ZB
1
The Secretary of State may by regulations amend section 379ZA so as to change the definition of the minimum number of creditors.
2
The Secretary of State may by regulations amend section 379ZB so as to change the definition of the appropriate number of relevant creditors.
3
Regulations under this section may define the minimum number or the appropriate number by reference to any one or more of—
a
a proportion in value,
b
a proportion in number,
c
an absolute number,
and the definition may include alternative, cumulative or relative requirements.
4
Regulations under subsection (1) may define the minimum number of creditors by reference to all creditors, or by reference to creditors of a particular description.
5
Regulations under this section may make provision that will result in section 379ZA or 379ZB having different definitions for different cases, including for different kinds of decisions.
6
Regulations under this section may make transitional provision.
7
The power of the Secretary of State to make regulations under this section is exercisable by statutory instrument.
8
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)
Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)