Article 3(1)
SCHEDULE 1U.K.Consequential amendment of Company Directors Disqualification Act 1986
1. In section 11 of the Company Directors Disqualification Act 1986, for subsection (2) substitute—U.K.
“(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).”.
Article 3(2)
SCHEDULE 2U.K.Amendment of disqualification provision made by Act of Parliament
Public Trustee Act 1906U.K.
1. In section 13(4) of the Public Trustee Act 1906 () (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 1947U.K.
2. In paragraph 13(4) of Schedule 9 to the Agriculture Act 1947() (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 1967U.K.
3. In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 1967() (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 1969U.K.
4.—(1) Schedule 1 to the Development of Tourism Act 1969() (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 1972U.K.
5. In section 80(1)(b) of the Local Government Act 1972() (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 1974U.K.
6. In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 1974() (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 1974U.K.
7. In section 37(1)(b) of the Consumer Credit Act 1974() (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 1974U.K.
8.—(1) The Solicitors Act 1974 () 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 1975U.K.
9. In paragraph 6(1)(c) of Schedule 3 to the Industry Act 1975() (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 1979U.K.
10.—(1) Section 23 of the Estate Agents Act 1979() (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 1980U.K.
11. In Schedule 1 to the National Heritage Act 1980() (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 1980U.K.
12. In paragraph 6(a) of Schedule 26 to the Local Government, Planning and Land Act 1980() (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 1981U.K.
13.—(1) The Public Passenger Vehicles Act 1981() 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 1981U.K.
14. In Schedule 1 to the Fisheries Act 1981() (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 1981U.K.
15. In paragraph 3(2)(a) of Schedule 2 to the Transport Act 1981() (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 1981U.K.
16. In paragraph 5(a) of Schedule 3 to the New Towns Act 1981() (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 1982U.K.
17. In paragraph 5(1)(b) of Schedule 1 to the Civil Aviation Act 1982() (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 1983U.K.
18. In paragraph 3(7)(b) of Schedule 3 to the National Heritage Act 1983() (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 1985U.K.
19. In paragraph 2(3)(a) of Schedule 13 to the Local Government Act 1985() (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 1985U.K.
20.—(1) The Administration of Justice Act 1985() 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);”; and
(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 1985U.K.
21. In section 121(2) of the Housing Act 1985() (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 1986U.K.
22. In section 19(7)(b) of the Animals (Scientific Procedures) Act 1986() (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 1986U.K.
23. In section 389A(3) of the Insolvency Act 1986() (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 1988U.K.
24.—(1) The Criminal Justice Act 1988() 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 1988U.K.
25. In paragraph 6(a) of Schedule 7 to the Housing Act 1988() (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 1990U.K.
26. In paragraph 4A(1)(a) of Schedule 1 to the Human Fertilisation and Embryology Act 1990() (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 1990U.K.
27. In paragraph 6(a) of Schedule 6 to the Environmental Protection Act 1990() (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 1992U.K.
28.—(1) The Trade Union and Labour Relations (Consolidation) Act 1992() 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 1993U.K.
29.—(1) The National Lottery etc Act 1993() 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 1994U.K.
30. In paragraph 1(4)(b) of Schedule 1 to the Coal Industry Act 1994() (membership of the Coal Authority), after “sequestrated” insert “, that a debt relief order has been made in respect of him”.
Trade Marks Act 1994U.K.
31. In section 77(3)(c)(i) of the Trade Marks Act 1994() (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 1995U.K.
32. In section 26(1)(g) of the Goods Vehicles (Licensing of Operators) Act 1995() (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 1995U.K.
33.—(1) The Environment Act 1995() 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 1995U.K.
34.—(1) The Pensions Act 1995() 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 1996U.K.
35. In section 25(4)(b) of the Employment Tribunals Act 1996() (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 1996U.K.
36. In paragraph 4(2)(a) of Schedule 1 to the Housing Act 1996() (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 1998U.K.
37. In paragraph 3(4)(b) of Schedule 1 to the Public Processions (Northern Ireland) Act 1998(), 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 1998U.K.
38.—(1) The Bank of England Act 1998() 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 1998U.K.
39. In paragraph 4(4)(a) of Schedule 1 to the Audit Commission Act 1998() (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 1998U.K.
40. In paragraph 1(6)(a) of Schedule 1 to the National Minimum Wage Act 1998() (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 1999U.K.
41. In paragraph 5(a) of Schedule 1 to the Access to Justice Act 1999() (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 1999U.K.
42. In section 21(1)(c) of the Greater London Authority Act 1999() (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 1999U.K.
43. In paragraph 4(a) of Schedule 1 to the Food Standards Act 1999() (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 2000U.K.
44. In paragraph 3 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000() (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 2001U.K.
45. In paragraph 3(1)(d) of Schedule 1 to the Private Security Industry Act 2001() (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 2002U.K.
46. In paragraph 2(4)(a) of the Schedule to the Office of Communications Act 2002() (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 2002U.K.
47. In paragraph 4(a) of Schedule 11 to the Education Act 2002() (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 2003U.K.
48.—(1) The Railways and Transport Safety Act 2003() 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 2003U.K.
49. In paragraph 2(1)(b) of Schedule 4 to the Local Government Act 2003() (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 2004U.K.
50.—(1) The Energy Act 2004() 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 2004U.K.
51. In paragraph 3(1)(a) of Schedule 2 to the Human Tissue Act 2004() (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 2005U.K.
52.—(1) The Constitutional Reform Act 2005() 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 2005U.K.
53.—(1) The Mental Capacity Act 2005() 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 2005U.K.
54.—(1) Paragraph 4 of Schedule 1 to the Serious Organised Crime and Police Act 2005() (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 2005U.K.
55.—(1) The Gambling Act 2005() 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 2006U.K.
56.—(1) The Natural Environment and Rural Communities Act 2006() 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 2006U.K.
57. In paragraph 8(1) of Schedule 7 to the National Health Service Act 2006() (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 2006U.K.
58.—(1) Paragraph 2(4) of Schedule 1 to the Safeguarding Vulnerable Groups Act 2006() (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 2006U.K.
59.—(1) The Armed Forces Act 2006() 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 2007U.K.
60. In section 4(4)(b) of the Statistics and Registration Service Act 2007() (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 2007U.K.
61.—(1) The Legal Services Act 2007() 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 2011U.K.
62.—(1) The Charities Act 2011() 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”.
Article 3(3)
SCHEDULE 3U.K.Amendment of disqualification provision made under an Act of Parliament
Registration of Births, Deaths and Marriages Regulations 1968U.K.
1. In regulation 5(a)(i) of the Registration of Births, Deaths and Marriages Regulations 1968() (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 1977U.K.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Motor Vehicles (Tests) Regulations 1981U.K.
3. In regulation 9(1)(b) of the Motor Vehicles (Tests) Regulations 1981() (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 1986U.K.
4.—(1) The Insolvency (Scotland) Rules 1986() are amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
Insolvency Rules 1986U.K.
5.—(1) The Insolvency Rules 1986() 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 1990U.K.
6. In regulation 11(1)(b) of the National Health Service Trusts (Membership and Procedure) Regulations 1990() (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 1994U.K.
7. In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 1994()—
(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 1995U.K.
8. In regulation 7(1)(b) of the National Health Service Litigation Authority Regulations 1995() (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 1995U.K.
9. In regulation 31(2)(c) of the Goods Vehicles (Licensing of Operators) Regulations 1995() (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 1996U.K.
10. In regulation 10(1)(b) of the Health Authorities (Membership and Procedure) Regulations 1996()(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 1998U.K.
11. In regulation 20(1)(b) of the Individual Savings Account Regulations 1998() (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 1999U.K.
12. In regulation 5(1)(b) of the National Institute for Clinical Excellence Regulations 1999() (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 2000U.K.
13. In regulation 5(1)(b) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000() (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 2000U.K.
14. In paragraph 2(b) of Schedule 4 to the Education (Foundation Body) (England) Regulations 2000() (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 2001U.K.
15. In regulation 3(1)(b) of the National Treatment Agency Regulations 2001() (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 2001U.K.
16. In paragraph 1(4)(a) of the Schedule to the Prison Service (Pay Review Body) Regulations 2001() (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 2001U.K.
17. In regulation 3(1)(b) of the National Patient Safety Agency Regulations 2001() (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 2001U.K.
18.—(1) The General Social Care Council (Appointments and Procedure) Regulations 2001() 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 2001U.K.
19.—(1) The Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001() 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 2001U.K.
20. In regulation 6(5)(a) of the Children’s Homes Regulations 2001() (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 2002U.K.
21.—(1) The Care Homes (Wales) Regulations 2002() 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 2002U.K.
22.—(1) The Children’s Homes (Wales) Regulations 2002() 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 2002U.K.
23. In paragraph 3(b) of Schedule 1 to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002() (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 2002U.K.
24. In paragraph 1(b) of Schedule 1 to the School Companies Regulation 2002() (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 2002U.K.
25. In paragraph 1(b) to the Schedule to the School Companies (Private Finance Initiative Companies) Regulations 2002() (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 2002U.K.
26.—(1) The Residential Family Centres Regulations 2002() 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 2003U.K.
27.—(1) The Fostering Services (Wales) Regulations 2003() 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 2003U.K.
28.—(1) The Residential Family Centres (Wales) Regulations 2003() 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 2003U.K.
29.—(1) The Nurses Agencies (Wales) Regulations 2003() 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 2004U.K.
30.—(1) The Domiciliary Care Agencies (Wales) Regulations 2004() 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 2004U.K.
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service (General Medical Services Contracts) (Wales) Regulations 2004U.K.
32.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004() 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 2004U.K.
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Trust Funds Regulations 2004U.K.
34. In regulation 20(1) of the Child Trust Funds Regulations 2004() (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 2004U.K.
35.—(1) The Adult Placement Scheme (Wales) Regulations 2004() 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 2004U.K.
36. For regulation 4(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004() (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 2004U.K.
37.—(1) The Postgraduate Medical Education and Training Board (Member – Removal from Office) Rules Order() 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 2005U.K.
38. In regulation 3(1)(b) of the Health Protection Agency Regulations 2005() (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 2005U.K.
39. In regulation 6 of the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005() (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 2005U.K.
40. In regulation 5(4) of the Gangmasters (Licensing Authority) Regulations 2005() (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 2005U.K.
41. In regulation 3(1)(b) of the Health and Social Care Information Centre Regulations 2005() (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 2005U.K.
42. In regulation 3(1)(b) of the NHS Institute for Innovation and Improvement Regulations 2005() (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 2005U.K.
43. In regulation 3(1)(b) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005() (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 2005U.K.
44. In regulation 3(1)(b) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005() (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 2005U.K.
45.—(1) The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005() 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 2005U.K.
46. In paragraph 2 to Schedule 2 to the Railway (Licensing of Railway Undertakings) Regulations 2005() (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 2005U.K.
47.—(1) The National Health Service (General Dental Services Contracts) Regulations 2005 () 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 2005U.K.
48.—(1) The National Health Service (Personal Dental Services Agreements) Regulations 2005() 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 2006U.K.
49. In regulation 10(3) of the Duty Stamps Regulations 2006() (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 2006U.K.
50.—(1) The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006() 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 2006U.K.
51.—(1) The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006() 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 2006U.K.
52.—(1) The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006() 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 2006U.K.
53. In paragraph 3(4)(b) to Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006() (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 2006U.K.
54. In regulation 5(1)(b) of the Appointments Commission Regulations 2006() (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 2007U.K.
55. In paragraph 5(b) of Schedule 2 to the School Governance (New Schools) (England) Regulations 2007() (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 2007U.K.
56. In paragraph 5(b) of Schedule 2 to the Education (Pupil Referral Units)(Management Committees etc) (England) Regulations 2007() (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”.