SCHEDULE 1Consequential amendment of Company Directors Disqualification Act 1986
1
In section 11 of the Company Directors Disqualification Act 1986, for subsection (2) substitute—
2
For this purpose, the court is—
a
in the case of a person adjudged bankrupt or, in Scotland, whose estate was sequestrated, the court by which the person was adjudged bankrupt or sequestration of the person’s estate was awarded,
b
in the case of a person in respect of whom a court made a debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), the court by which the order was made, and
c
in the case of any other person, the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).
SCHEDULE 2Amendment of disqualification provision made by Act of Parliament
Public Trustee Act 19061
In section 13(4) of the Public Trustee Act 1906 5 (investigation and audit of trust accounts), after “or dies,” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Agriculture Act 19472
In paragraph 13(4) of Schedule 9 to the Agriculture Act 19476 (chairman of Agricultural Land Tribunal), after “creditors” insert “, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the chairman”.
Agriculture Act 19673
In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 19677 (constitution and procedure of boards), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has”.
Development of Tourism Act 19694
1
Schedule 1 to the Development of Tourism Act 19698 (incorporation and status of Tourist Boards) is amended as follows.
2
After paragraph 5(1)(b) insert —
ba
has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or
3
After paragraph 5(2) insert —
3
In this paragraph, references to a member of the Board do not, in so far as sub-paragraph (1)(ba) applies, include persons who are members of VisitScotland.
Local Government Act 19725
In section 80(1)(b) of the Local Government Act 19729 (disqualifications for election etc), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Health and Safety at Work Act etc 19746
In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 197410 (the Health and Safety Executive – terms of appointment), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Consumer Credit Act 19747
In section 37(1)(b) of the Consumer Credit Act 197411 (death, bankruptcy etc of licensee), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Solicitors Act 19748
1
The Solicitors Act 1974 12 is amended as follows.
2
In section 15(1) (suspension of practising certificate), after “bankruptcy of a solicitor” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor”.
3
In section 16 (duration of suspension)—
a
after subsection (2) insert—
2A
The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—
a
if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 5A.16 of the Insolvency Rules 1986 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;
b
if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.
b
in subsection (3)(b) after “bankruptcy” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him”.
Industry Act 19759
In paragraph 6(1)(c) of Schedule 3 to the Industry Act 197513 (establishment of a tribunal), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Estate Agents Act 197910
1
Section 23 of the Estate Agents Act 197914 (bankrupts) is amended as follows.
2
After subsection (1), insert—
1A
An individual in respect of whom a debt relief order (under Part 7A of the Insolvency Act 1986) is made shall not engage in estate agency work of any description except as an employee of another person
3
After subsection (2), insert—
2A
The prohibition imposed on an individual by subsection (1A) shall cease to have effect if and when—
a
the debt relief order is revoked for reasons falling within section 251(L)(2)(a) or (c) of the Insolvency Act 1986;
b
the individual is discharged from all the qualifying debts specified under the debt relief order at the end of the moratorium period applicable to the order; or
c
the debt relief order is revoked and a period of one year has elapsed beginning with the effective date for the order.
4
In subsection (3), for “The reference in subsection (1) above” substitute “The references in this section”.
5
In subsection (4), for “of subsection (1) above” substitute “of this section”.
National Heritage Act 198011
In Schedule 1 to the National Heritage Act 198015 (trustees of National Heritage Memorial Fund – tenure of office), after paragraph 3(4)(b) insert—
ba
he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);
Local Government, Planning and Land Act 198012
In paragraph 6(a) of Schedule 26 to the Local Government, Planning and Land Act 198016 (Urban Development Corporations – members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Public Passenger Vehicles Act 198113
1
The Public Passenger Vehicles Act 198117 is amended as follows.
2
In section 19, after subsection (3)(a) insert—
aa
the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or
3
In section 57(2)(b) (death, bankruptcy etc of licence holder), after “bankrupt or” insert “has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or”.
Fisheries Act 198114
In Schedule 1 to the Fisheries Act 198118 (the Sea Fish Industry Authority – members), after paragraph 5(b) insert—
ba
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
Transport Act 198115
In paragraph 3(2)(a) of Schedule 2 to the Transport Act 198119 (Associated British Ports - resignation and vacation of office), for “or an interim order” substitute “, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
New Towns Act 198116
In paragraph 5(a) of Schedule 3 to the New Towns Act 198120 (development corporations – appointment and tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Civil Aviation Act 198217
In paragraph 5(1)(b) of Schedule 1 to the Civil Aviation Act 198221 (Civil Aviation Authority – appointment and tenure of members), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986), or has”.
National Heritage Act 198318
In paragraph 3(7)(b) of Schedule 3 to the National Heritage Act 198322 (the Historic Buildings and Monuments Commission for England – membership), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Local Government Act 198519
In paragraph 2(3)(a) of Schedule 13 to the Local Government Act 198523 (residuary bodies – tenure of office of members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Administration of Justice Act 198520
1
The Administration of Justice Act 198524 is amended as follows.
2
In section 16 (conditional licences)—
a
in subsection (1)—
i
after paragraph (f), insert—
fa
while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
ii
after paragraph (g), insert—
ga
after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;
b
in subsection (4)—
i
after “(f)” insert “(fa)”;
ii
after “(g)” insert “(ga)”.
3
In section 18 (suspension or termination of licences)—
a
in subsection (1)—
i
after “licensed conveyancer” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer”; and
ii
after “any such adjudication” insert “or any such order”;
b
after subsection (2) insert—
2ZA
The suspension of a licence by virtue of subsection (1) shall terminate—
a
if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 5A.16 of the Insolvency Rules 1986 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or
b
if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order
Housing Act 198521
In section 121(2) of the Housing Act 198525 (circumstances in which the right to buy cannot be exercised)—
a
at the end of paragraph (c) omit “or”,
b
after paragraph (d) insert—
or
e
is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).
Animals (Scientific Procedures) Act 198622
In section 19(7)(b) of the Animals (Scientific Procedures) Act 198626 (member of Animal Procedures Committee), after “bankrupt or”, insert “a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”.
Insolvency Act 198623
In section 389A(3) of the Insolvency Act 198627 (authorisation of nominees and supervisors), after paragraph (a) insert—
aa
a moratorium period under a debt relief order applies in relation to him (under Part 7A of this Act),
Criminal Justice Act 198824
1
The Criminal Justice Act 198828 is amended as follows.
2
In section 172(3) (extent), after “section 133 to 133B” insert “, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only”.
3
In Schedule 12 (assessors for compensation for miscarriages of justice), after paragraph 5(b) insert—
ba
a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;
Housing Act 198825
In paragraph 6(a) of Schedule 7 to the Housing Act 198829 (Housing Action Trusts – constitution), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Human Fertilisation and Embryology Act 199026
In paragraph 4A(1)(a) of Schedule 1 to the Human Fertilisation and Embryology Act 199030 (disqualification for being appointed to Authority), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Environmental Protection Act 199027
In paragraph 6(a) of Schedule 6 to the Environmental Protection Act 199031 (the Countryside Council for Wales – constitution and membership), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Trade Union and Labour Relations (Consolidation) Act 199228
1
The Trade Union and Labour Relations (Consolidation) Act 199232 is amended as follows.
2
In section 249(5)(b) (terms of appointment of members of the Council of the Advisory, Conciliation and Arbitration Service), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
3
In section 261(5)(a) (terms of appointment of members of the Central Arbitration Committee), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
National Lottery etc Act 199329
1
The National Lottery etc Act 199333 is amended as follows.
2
In paragraph 3(5)(b) of Schedule 2A (National Lottery Commission – tenure of office), after “his creditors,” where it occurs for the first time, insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
3
In paragraph 4(1)(a) of Schedule 4A (Big Lottery Fund – tenure of membership), after “against him,” insert “or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Coal Industry Act 199430
In paragraph 1(4)(b) of Schedule 1 to the Coal Industry Act 199434 (membership of the Coal Authority), after “sequestrated” insert “, that a debt relief order has been made in respect of him”.
Trade Marks Act 199431
In section 77(3)(c)(i) of the Trade Marks Act 199435 (persons appointed to hear and determine appeals), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.
Goods Vehicles (Licensing of Operators) Act 199532
In section 26(1)(g) of the Goods Vehicles (Licensing of Operators) Act 199536 (revocation, suspension and curtailment of operators’ licences), after “bankrupt” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Environment Act 199533
1
The Environment Act 199537 is amended as follows.
2
In paragraph 1(3)(b) of Schedule 1 (the Environment Agency – membership), after “bankrupt,” insert “that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him,”.
3
In paragraph 7(b) of Schedule 6 (the Scottish Environment Protection Agency – membership), after “bankrupt,” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him,”.
Pensions Act 199534
1
The Pensions Act 199538 is amended as follows.
2
In section 4 (suspension Orders)—
a
in subsection (1)(c) after “concluded”, insert “or an application has been made by him for a debt relief order (under Part 7A of the Insolvency Act 1986) and the application has not been determined”;
b
in subsection (2)(b) after “concluded” insert “or, in the case of an application for a debt relief order, the application is determined”.
3
In section 29 (persons disqualified for being trustees) in subsection (1)—
a
in paragraph (b), after “interim”, insert “bankruptcy restrictions”;
b
after paragraph (b) insert—
ba
a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),
Employment Tribunals Act 199635
In section 25(4)(b) of the Employment Tribunals Act 199639 (tenure of appointed members), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Housing Act 199636
In paragraph 4(2)(a) of Schedule 1 to the Housing Act 199640 (registered social landlord – power to remove director, trustee, member etc.), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he”.
Public Processions (Northern Ireland) Act 199837
In paragraph 3(4)(b) of Schedule 1 to the Public Processions (Northern Ireland) Act 199841, after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.
Bank of England Act 199838
1
The Bank of England Act 199842 is amended as follows.
2
In paragraph 8(b) of Schedule 1 (Court of directors – removal from office), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.
3
In paragraph 9(1)(b) of Schedule 3 (Monetary Policy Committee – removal of appointed members), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.
Audit Commission Act 199839
In paragraph 4(4)(a) of Schedule 1 to the Audit Commission Act 199843 (the Audit Commission – tenure of office), after “creditors” insert “, or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
National Minimum Wage Act 199840
In paragraph 1(6)(a) of Schedule 1 to the National Minimum Wage Act 199844 (Low Pay Commission – membership), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Access to Justice Act 199941
In paragraph 5(a) of Schedule 1 to the Access to Justice Act 199945 (Legal Services Commission - Tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Greater London Authority Act 199942
In section 21(1)(c) of the Greater London Authority Act 199946 (disqualification from being the Mayor or an Assembly member), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Food Standards Act 199943
In paragraph 4(a) of Schedule 1 to the Food Standards Act 199947 (Food Standards Agency – tenure of office of members), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Political Parties, Elections and Referendums Act 200044
In paragraph 3 of Schedule 1 to the Political Parties, Elections and Referendums Act 200048 (the Electoral Commission – tenure of office)—
a
after sub-paragraph (5) (d) insert—
da
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
b
after sub-paragraph (8) insert—
9
In this paragraph, sub-paragraph (5)(da) does not extend to Gibraltar.
Private Security Industry Act 200145
In paragraph 3(1)(d) of Schedule 1 to the Private Security Industry Act 200149 (the Security Industry Authority – membership), after sub-paragraph (d) insert—
da
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986),
Office of Communications Act 200246
In paragraph 2(4)(a) of the Schedule to the Office of Communications Act 200250 (the Office of Communications – membership), after “bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.
Education Act 200247
In paragraph 4(a) of Schedule 11 to the Education Act 200251 (school teachers’ review body – membership), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Railways and Transport Safety Act 200348
1
The Railways and Transport Safety Act 200352 is amended as follows.
2
In paragraph 2(c) of Schedule 1 (dismissal of member of Office of Rail Regulation), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
3
In paragraph 7(3)(a) of Schedule 4 (British Transport Police Authority – disqualification), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Local Government Act 200349
In paragraph 2(1)(b) of Schedule 4 to the Local Government Act 200353 (disqualification for being appointed member of Valuation Tribunal Service), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Energy Act 200450
1
The Energy Act 200454 is amended as follows.
2
In paragraph 1(7) of Schedule 1 (Nuclear Decommissioning Authority – tenure of office)—
a
in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and
b
in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
3
In paragraph 2(6) of Schedule 10 (Civil Nuclear Police Authority – terms of appointment)—
a
in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and
b
in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
Human Tissue Act 200451
In paragraph 3(1)(a) of Schedule 2 to the Human Tissue Act 200455 (Human Tissue Authority - disqualification), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Constitutional Reform Act 200552
1
The Constitutional Reform Act 200556 is amended as follows.
2
In paragraph 15(2)(c) of Schedule 12 (Judicial Appointments Commission), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 5(2)(e) of Schedule 13 (Judicial Appointments and Conduct Ombudsman), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
Mental Capacity Act 200553
1
The Mental Capacity Act 200557 is amended as follows.
2
In section 10(2) (appointment of donees) after “bankrupt” insert “or is a person in relation to whom a debt relief order is made”.
3
In section 13 (revocation of lasting power of attorney)—
a
in subsection (3) after “bankruptcy” insert “, or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of P,”;
b
in subsection (4) after “in respect of him” insert “or where P is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”;
c
in subsection (6)(b) after “ donee” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donee”;
d
in subsection (8) after “donee” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a donee”;
e
in subsection (9) after “him” insert “or where the donee is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),”.
4
In section 64 (interpretation)—
a
after subsection (3) insert—
3A
In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.
b
after subsection (4) insert—
4A
“Debt relief restrictions order” includes an interim debt relief restrictions order.
5
In paragraph 17(1)(a) of Schedule 1 (lasting powers of attorney: formalities) after “bankruptcy” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) having been made in respect of the donor”.
6
In Schedule 4 (provisions applying to existing enduring powers of attorney)—
a
in paragraph 2(5)(a) after “bankrupt” insert “or is not subject to a debt relief order (under Part 7A of the Insolvency Act 1986)”;
b
in paragraph 2(7) after “attorney” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;
c
in paragraph 2(8) after “him” insert “or where the donor or attorney is subject to an interim debt relief restrictions order”;
d
in paragraph 17(b) after “attorney” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;
e
in paragraph 22—
i
after sub-paragraph (1) insert—
1A
In paragraph 2(7), the reference to the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the attorney is to be read as a reference to the making of a debt relief order in respect of the last remaining attorney under the power; and the making of a debt relief order in respect of any other attorney under the power causes that person to cease to be an attorney under the power.
ii
after sub-paragraph (2) insert—
2A
In paragraph 2(8), the reference to the suspension of the power is to be read as a reference to its suspension in so far as it relates to the attorney in respect of whom the interim debt relief restrictions order has effect.
Serious Organised Crime and Police Act 200554
1
Paragraph 4 of Schedule 1 to the Serious Organised Crime and Police Act 200558 (Serious Organised Crime Agency –removal from office) is amended as follows.
2
In sub-paragraph (d), after “discharged” insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”.
3
After sub-paragraph (e), insert—
ea
he is the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986.
Gambling Act 200555
1
The Gambling Act 200559 is amended as follows—
2
In section 114(1)(c) (lapse), after “ (c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.
3
In section 194(1)(c) (lapse), after “(c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.
4
In paragraph 15(1)(c) of Schedule 10 (family entertainment centre gaming machine permits), after “(c45)),” insert “or a debt relief order is made in respect of him (under Part 7A of the Insolvency Act 1986)”.
5
In paragraph 15(1)(c) of Schedule 14 (prize gaming permits), after “(c45)),” insert “or a debt relief order is made in respect of him, (under Part 7A of the Insolvency Act 1986)”.
Natural Environment and Rural Communities Act 200656
1
The Natural Environment and Rural Communities Act 200660 is amended as follows.
2
In paragraph 7(b) of Schedule 1 (Natural England – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 7(b) of Schedule 2 (Commission for Rural Communities – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
4
In paragraph 6(b) of Schedule 4 (Joint Nature Conservation Committee – removal from office), after “bankrupt” insert “or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
National Health Service Act 200657
In paragraph 8(1) of Schedule 7 to the National Health Service Act 200661 (Public Benefit Corporations – constitution), after paragraph (a) insert “(aa) a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.
Safeguarding Vulnerable Groups Act 200658
1
Paragraph 2(4) of Schedule 1 to the Safeguarding Vulnerable Groups Act 200662 (Independent Barring Board – tenure of office) is amended as follows.
2
after paragraph (c) insert—
ca
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
3
after paragraph (d) insert—
da
he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);
Armed Forces Act 200659
1
The Armed Forces Act 200663 is amended as follows.
2
In section 384 (extent to Channel Islands, Isle of Man and British overseas territories) after sub-paragraph (2) insert—
3
Paragraph 5(ba) of Schedule 9 does not extend to the Isle of Man or the British overseas territories.
3
In Schedule 9 (assessors of compensation – removal from office)—
a
at the end of sub-paragraph 5(b) omit “or”;
b
after sub-paragraph 5(b) insert—
ba
has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or
Statistics and Registration Service Act 200760
In section 4(4)(b) of the Statistics and Registration Service Act 200764 (Statistics Board - appointment), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Legal Services Act 200761
1
The Legal Services Act 200765 is amended as follows.
2
In paragraph 7(3)(c) of Schedule 1 (Legal Services Board – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 8(2)(c) of Schedule 15 (Office for Legal Complaints – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
Charities Act 201162
1
The Charities Act 201166 is amended as follows.
2
In section 80(1)(a)(other powers to remove or appoint charity trustee) after sub-paragraph (ii) insert—
; or
iii
having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;
3
In section 178 (persons disqualified for being charity trustees or trustees of a charity), in subsection (1) after Case F insert—
Case G
P is subject to—
a
a moratorium period under a debt relief order under Part 7A of the Insolvency Act 1986; or
b
a debt relief restrictions order or interim order under Schedule 4ZB to that Act
4
In section 180(1) (disqualification: exception in relation to charitable companies), after “Case B” insert “or G”.
5
In section 183(2)(b) (criminal consequences of acting while disqualified) for “or F” substitute “, F or G”.
SCHEDULE 3Amendment of disqualification provision made under an Act of Parliament
Registration of Births, Deaths and Marriages Regulations 19681
In regulation 5(a)(i) of the Registration of Births, Deaths and Marriages Regulations 196867 (disqualifications for appointment) after sub-paragraph (a)(i) insert—
ia
if he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986);
British Shipbuilders Regulations 19772
In regulation 4(1)(b) of the British Shipbuilders Regulations 197768 (vacation of office as a member), after “bankrupt” insert “, or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Motor Vehicles (Tests) Regulations 19813
In regulation 9(1)(b) of the Motor Vehicles (Tests) Regulations 198169 (cessations: general), after “bankrupt” insert “, or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Insolvency (Scotland) Rules 19864
1
The Insolvency (Scotland) Rules 198670 are amended as follows.
2
In Rule 1.6(2)(b), after “with his creditors” add “or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In Rule 2.36H (4)—
a
In sub-paragraph (f) after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”;
b
in sub-paragraph (g) after “interim bankruptcy restrictions order;” omit “or”;
c
after sub-paragraph (g) insert—
ga
a person who is subject to a debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions order (under Schedule 4ZB to the Insolvency Act 1986); or
4
In Rule 2.36J (a), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
5
In Rule 4.48(4), after “undischarged bankrupt” add “or by a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
6
In Rule 4.50(a), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Insolvency Rules 19865
1
The Insolvency Rules 198671 are amended as follows.
2
In paragraph (1)(a) in each of rules 2.57, 3.23, 4.161 and 6.158 (termination of membership – automatic termination), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph (4)(d) in each of rules 2.55, 3.21, 4.159 and 6.156 (committee-members’ representatives), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
National Health Service Trusts (Membership and Procedure) Regulations 19906
In regulation 11(1)(b) of the National Health Service Trusts (Membership and Procedure) Regulations 199072 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Air Passenger Duty Regulations 19947
In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 199473—
a
after “or an interim order;” omit “or”.
b
after sub-paragraph (d) insert—
da
has a debt relief order made in respect of him or is the subject of a debt relief restrictions order or an interim order (under Part 7A of and Schedule 4ZB to the Insolvency Act 1986); or
National Health Service Litigation Authority Regulations 19958
In regulation 7(1)(b) of the National Health Service Litigation Authority Regulations 199574 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Goods Vehicles (Licensing of Operators) Regulations 19959
In regulation 31(2)(c) of the Goods Vehicles (Licensing of Operators) Regulations 199575 (continuance of licence on death, bankruptcy etc), after “licence” insert “or the making of a debt relief order in respect of the actual holder of a licence (under Part 7A of the Insolvency Act 1986)”.
Health Authorities (Membership and Procedure) Regulations 199610
In regulation 10(1)(b) of the Health Authorities (Membership and Procedure) Regulations 199676(disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Individual Savings Account Regulations 199811
In regulation 20(1)(b) of the Individual Savings Account Regulations 199877 (account manager ceasing to qualify), after sub-paragraph (b) insert—
ba
a debt relief order is made in respect of the person (under Part 7A of the Insolvency Act 1986) or;
National Institute for Clinical Excellence Regulations 199912
In regulation 5(1)(b) of the National Institute for Clinical Excellence Regulations 199978 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200013
In regulation 5(1)(b) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200079 (disqualification for appointment: chairman and non-officer members), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Education (Foundation Body) (England) Regulations 200014
In paragraph 2(b) of Schedule 4 to the Education (Foundation Body) (England) Regulations 200080 (disqualification for holding office), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
National Treatment Agency Regulations 200115
In regulation 3(1)(b) of the National Treatment Agency Regulations 200181 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Prison Service (Pay Review Body) Regulations 200116
In paragraph 1(4)(a) of the Schedule to the Prison Service (Pay Review Body) Regulations 200182 (constitution of the pay review body), after “has become bankrupt” insert “, or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
National Patient Safety Agency Regulations 200117
In regulation 3(1)(b) of the National Patient Safety Agency Regulations 200183 (disqualification for appointment), for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
General Social Care Council (Appointments and Procedure) Regulations 200118
1
The General Social Care Council (Appointments and Procedure) Regulations 200184 are amended as follows.
2
In regulation 4(1)(d) (disqualification for appointment) for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
3
In regulation 6(6) (termination of tenure of office) for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Care Council for Wales (Appointment, Membership and Procedure) Regulations 200119
1
The Care Council for Wales (Appointment, Membership and Procedure) Regulations 200185 are amended as follows.
2
In regulation 5(1)(g) (disqualification from appointment) of the English language text of those Regulations, after “bankrupt” insert “, or has a debt relief order made in respect of him or her (under Part 7A of the Insolvency Act 1986),”.
3
In regulation 5(1)(g) of the Welsh language text of those Regulations (Rheoliadau Cyngor Gofal Cymru (Penodi, Aelodaeth a Gweithdrefn) 2001), after “fethdalwr” insert “, neu os yw gorchymyn rhyddhau o ddyled wedi ei wneud mewn perthynas ag ef (o dan Rhan 7A o Ddeddf Ansolfedd 1986),”.
Children’s Homes Regulations 200120
In regulation 6(5)(a) of the Children’s Homes Regulations 200186 (fitness of registered provider)—
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
Care Homes (Wales) Regulations 200221
1
The Care Homes (Wales) Regulations 200287 are amended as follows.
2
In regulation 7(6)(a) (fitness of registered provider) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 7(6)(a) of the Welsh language text of those Regulations (Rheoliadau Cartrefi Gofal (Cymru) 2002),—
a
after “ystâd” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Children’s Homes (Wales) Regulations 200222
1
The Children’s Homes (Wales) Regulations 200288 are amended as follows.
2
In regulation 6(5)(a) (fitness of registered provider) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 6(5)(a) of the Welsh language text of those Regulations (Rheoliadau Cartrefi Plant (Cymru) 2002)—
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Registration of Social Care and Independent Health Care (Wales) Regulations 200223
In paragraph 3(b) of Schedule 1 to the Registration of Social Care and Independent Health Care (Wales) Regulations 200289 (information to be supplied on an application for registration as a person who carries on an establishment or agency), after “bankrupt,” insert “or has a debt relief order made in respect of him or her (under Part 7A of the Insolvency Act 1986),”.
School Companies Regulations 200224
In paragraph 1(b) of Schedule 1 to the School Companies Regulation 200290 (individuals who cannot be members of a school company), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986.”.
School Companies (Private Finance Initiative Companies) Regulations 200225
In paragraph 1(b) to the Schedule to the School Companies (Private Finance Initiative Companies) Regulations 200291 (individuals who cannot be members of a school PFI company), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Residential Family Centres Regulations 200226
1
The Residential Family Centres Regulations 200292 are amended as follows.
2
In regulation 5(4)(a) (fitness of registered provider)—
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
Fostering Services (Wales) Regulations 200327
1
The Fostering Services (Wales) Regulations 200393 are amended as follows.
2
In regulation 5(4)(a)(fostering agency – fitness of provider) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 5(4)(a) of the Welsh language text of those Regulations (Rheoliadau Gwasanaethau Maethu (Cymru) 2003)—
a
after “ystâd” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Residential Family Centres (Wales) Regulations 200328
1
The Residential Family Centres (Wales) Regulations 200394 are amended as follows.
2
In regulation 5(5)(a) (fitness of registered providers) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 5(5)(a) of the Welsh language text of those regulations (Rheoliadau Canolfannau Preswyl i Deuluoedd (Cymru) 2003)—
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Nurses Agencies (Wales) Regulations 200329
1
The Nurses Agencies (Wales) Regulations 200395 are amended as follows.
2
In regulation 7(5)(a) (fitness of registered providers) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 7(5)(a) of the Welsh language text of those Regulations (Rheoliadau Asiantaethau Nyrsys (Cymru) 2003)—
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (a dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Domiciliary Care Agencies (Wales) Regulations 200430
1
The Domiciliary Care Agencies (Wales) Regulations 200496 are amended as follows.
2
In regulation 8(4)(a) (fitness of registered provider) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 8(4)(a) of the Welsh language text of those Regulations (Rheoliadau Asiantaethau Gofal Cartref (Cymru) 2004)—
a
after “ystâd” insert “neu os yw moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
National Health Service (General Medical Services Contracts) Regulations 200431
1
The National Health Service (General Medical Services Contracts) Regulations 200497 are amended as follows.
2
In regulation 5(2)(i)(general condition relating to all contracts)—
a
in paragraph (i)—
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
3
In paragraph 113(2)(j) of Schedule 6 (Part 8 – other grounds for termination by the Primary Care Trust)—
a
in paragraph (i)—
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
National Health Service (General Medical Services Contracts) (Wales) Regulations 200432
1
The National Health Service (General Medical Services Contracts) (Wales) Regulations 200498 are amended as follows.
2
In regulation 5(2)(i) (general condition relating to all contracts)—
a
in paragraph (i)—
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
3
In paragraph 111(2)(j) of Schedule 6 (Part 8 – other grounds for termination by the Local Health Board)—
a
in paragraph (i)—
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
National Health Service (Personal Medical Services Agreements) Regulations 200433
1
The NHS (Personal Medical Services Agreements) Regulations 200499 are amended as follows.
2
In regulation 5(3)(i)—
a
in paragraph (i)—
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
3
In paragraph 105(3)(i) of Schedule 5 (Part 8 – termination by relevant body on fitness grounds)—
a
in paragraph (i)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert—
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
Child Trust Funds Regulations 200434
In regulation 20(1) of the Child Trust Funds Regulations 2004100 (account provider ceasing to qualify), after sub-paragraph (b) insert—
ba
a debt relief order is made in respect of the person (under Part 7A of the Insolvency Act 1986);
Adult Placement Schemes (Wales) Regulations 200435
1
The Adult Placement Scheme (Wales) Regulations 2004101 are amended as follows.
2
In regulation 8(4)(a) (fitness of registered provider) of the English language text of those Regulations—
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 8(4)(a) of the Welsh language text of those Regulations (Rheoliadau Cynlluniau Lleoli Oedolion (Cymru) 2004)—
a
after “secwestrio” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhawyd ef” insert “rhag y methdaliad neu’r atafaeliad”.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 200436
For regulation 4(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004102 (President of Employment Tribunals), substitute—
5
If the appointing office holder is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or—
a
the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, or
b
a debt relief order (under Part 7A of the Insolvency Act) has been made in respect of the “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him of the President
the appointing office holder may revoke his appointment.
Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 200437
1
The Postgraduate Medical Education and Training Board (Member – Removal from Office) Rules Order103 is amended as follows.
2
In paragraph 3 of the Schedule (Removal: Specific categories of unsuitability to be a member)—
a
in sub-paragraph (f)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (g), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB (debt relief restrictions and undertakings),”.
Health Protection Agency Regulations 200538
In regulation 3(1)(b) of the Health Protection Agency Regulations 2005104 (disqualification for appointment), after “or interim bankruptcy restrictions order” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986,”.
Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 200539
In regulation 6 of the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005105 (eligibility to be a member)—
a
in sub-paragraph (c), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”; and
b
in sub-paragraph (d) after “Schedule 4A” insert “or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB”.
Gangmasters (Licensing Authority) Regulations 200540
In regulation 5(4) of the Gangmasters (Licensing Authority) Regulations 2005106 (tenure of office and remuneration of board), after sub-paragraph (d) insert—
da
he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986) or he is the subject of a debt relief restrictions order (under Schedule 4ZB to the Insolvency Act 1986);
Health and Social Care Information Centre Regulations 200541
In regulation 3(1)(b) of the Health and Social Care Information Centre Regulations 2005107 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Institute for Innovation and Improvement Regulations 200542
In regulation 3(1)(b) of the NHS Institute for Innovation and Improvement Regulations 2005108 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 200543
In regulation 3(1)(b) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005109 (disqualification of appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 200544
In regulation 3(1)(b) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005110 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 200545
1
The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005111 are amended as follows.
2
In regulation 7(4)(fitness of registered provider)—
a
in sub-paragraph (a)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (b), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
Railway (Licensing of Railway Undertakings) Regulations 200546
In paragraph 2 to Schedule 2 to the Railway (Licensing of Railway Undertakings) Regulations 2005112 (Qualifications for European Licence), after sub-paragraph (a) insert—
aa
any appropriate officer of the undertaking has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986);
National Health Service (General Dental Services Contracts) Regulations 200547
1
The National Health Service (General Dental Services Contracts) Regulations 2005 113 are as amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 71(2)(h) of Schedule 3 (Part 9 - termination by the Primary Care Trust on grounds of suitability etc.)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (Personal Dental Services Agreements) Regulations 200548
1
The National Health Service (Personal Dental Services Agreements) Regulations 2005114 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A”, insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 69(2)(h) of Schedule 3 (Part 9 - termination by the Primary Care Trust on grounds of suitability etc.)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged”, insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
Duty Stamps Regulations 200649
In regulation 10(3) of the Duty Stamps Regulations 2006115 (disqualification from being registered), after “(United Kingdom)” insert “or if he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 200650
1
The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006116 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all agreements)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”;
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 69(2)(h) of Schedule 3 (Part 9 – termination by the Relevant Body on grounds of suitability etc.)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (General Dental Services Contracts) (Wales) Regulations 200651
1
The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006117 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 71(2)(h) of Schedule 3 (Part 9 – termination by Local Health Board on grounds of suitability etc.)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (Local Pharmaceutical Services etc.) Regulations 200652
1
The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006118 are amended as follows.
2
In regulation 7(2)(h) (general condition relating to all LPS schemes)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 29(2)(h) of Schedule 2 (termination by the Primary Care Trust on grounds of suitability etc)—
a
in sub-paragraph (i)—
i
after “awarded” insert “or he is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
Fire and Rescue Services (Northern Ireland) Order 200653
In paragraph 3(4)(b) to Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006119 (term of office), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Appointments Commission Regulations 200654
In regulation 5(1)(b) of the Appointments Commission Regulations 2006120 (disqualification for appointment), after “or interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
School Governance (New Schools) (England) Regulations 200755
In paragraph 5(b) of Schedule 2 to the School Governance (New Schools) (England) Regulations 2007121 (bankruptcy), for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 200756
In paragraph 5(b) of Schedule 2 to the Education (Pupil Referral Units)(Management Committees etc) (England) Regulations 2007122 (qualifications and disqualifications), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.