2015 No. 1651
The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Insolvency and Company Directors Disqualification) Regulations 2015
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by section 159(1) and (2) of the Small Business, Enterprise and Employment Act 20151, makes the following Regulations:
Citation and commencement1
1
These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Insolvency and Company Directors Disqualification) Regulations 2015.
2
Subject to paragraph (3) these Regulations come into force on 1st October 2015.
3
Regulation 6 comes into force immediately after the coming into force of the Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 20152.
Consequential amendments to secondary legislation
2
1
The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 19873 are amended as follows.
2
For rule 1(3)(c)(ii) substitute: “by the Secretary of State under section 5A (disqualification for certain convictions abroad), 8 (disqualification of director on finding of unfitness), 8ZB (Application for order under section 8ZA) or 8ZD (order disqualifying person instructing unfit director: other cases) of that Act;”.
3
In rule 1(3)(e)(ii)—
a
after “section” insert “5A,”;
b
after “8,” insert “8ZA, 8ZC, 8ZD, 8ZE,”.
4
In rule 4(b)(i) after “7” insert “or 8ZB”.
5
In rule 4(b)(ii)—
a
after “section” insert “5A,”;
b
after “8” insert “, 8ZD,”.
3
1
The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 20034 are amended as follows.
2
For Rule 1(3)(b) substitute: “by the Department under Article 8A (disqualification for certain convictions abroad), Article 11 (disqualification of director on finding of unfitness), Article 11B (application for order under Article 11A) or Article 11D (order disqualifying persons instructing unfit director: other cases) of that Order, or”.
3
In Rule 4(b)(i) after “10” insert “or 11B”.
4
In Rule 4(b)(ii) for “11” substitute “8A, 11, 11D”.
4
1
The Companies (Disqualification Orders) Regulations 20095 (“the 2009 Regulations”) are amended as follows.
2
In Regulation 2(1)—
a
for the definition of “disqualification order” substitute: ““disqualification order” means an order of the court under any of sections 2 to 5, 5A, 6, 8, 8ZA, 8ZD, 9A and 10 of the Act;”; and
b
for the definition of “disqualification undertaking”, substitute ““disqualification undertaking” means an undertaking accepted by the Secretary of State under section 5A, 7, 8, 8ZC, 8ZE or 9B of the Act;”.
3
For form DQ01 in Schedule 1 to the 2009 Regulations substitute form DQ01 as set out in Part 1 of Schedule 1 to these Regulations.
4
For form DQ02 in Schedule 2 to the 2009 Regulations substitute form DQ02 as set out in Part 2 of Schedule 1 to these Regulations.
5
1
The Companies (Disqualification Orders) Regulations (Northern Ireland) 20106 (“the 2010 Regulations”) are amended as follows.
2
In article 2—
a
for the definition of “disqualification order” substitute “disqualification order” means an order of the court under any of Articles 5 to 8, 8A, 9, 11, 11A, 11D, 13A and 14 of the Order;”; and
b
for the definition of “disqualification undertaking” substitute “disqualification undertaking” means an undertaking accepted by the Department under Article 8A, 10, 11, 11C, 11E or 13B of the Order”.
3
For form DQ01n in Schedule 1 to the 2010 Regulations substitute form DQ01n as set out in Part 1 of Schedule 2 to these Regulations.
4
For form DQ02n in Schedule 2 to the 2010 Regulations substitute form DQ02n as set out in Part 2 of Schedule 2 to these Regulations.
6
In the Collective Investment in Transferable Securities (Contractual Scheme) Regulations 20137, in Schedule 2 (co-ownership schemes: application of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989), in Part 3 (table of applied provisions of the Insolvency Act 1986) after the entry for section 390 insert—
Sections 390A to 391T (qualification and regulation of insolvency practitioners)
In these sections a reference to a company is to be read without modification by this Schedule.
SCHEDULES
SCHEDULE 1
PART 1DQ01
Disqualification order against an individual
PART 2DQ02
Disqualification order against a corporate body or firm
SCHEDULE 2
PART 1DQ01n
Disqualification order against an individual in Northern Ireland
PART 2DQ02n
Disqualification Order against a corporate body in Northern Ireland
(This note is not part of the Regulations)