Part XE+W Individual Insolvency: General Provisions

Modifications etc. (not altering text)

C1Second 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)

[F1Creditors' decisionsE+W

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)

379ZCPower to amend sections 379ZA and 379ZBE+W

(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.]