Citation and interpretation1

1

These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Commencement No. 2 and Transitional Provisions) Regulations 2015.

2

In these Regulations—

  • “the 1986 Act” means the Insolvency Act 19862;

  • “the 2002 Order” means the Company Directors Disqualification (Northern Ireland) Order 20023;

  • “the Act” means the Small Business, Enterprise and Employment Act 2015; and

  • “the Disqualification Act” means the Company Directors Disqualification Act 19864.

Provisions coming into force on 1st October 20152

The following provisions of the Act come into force on 1st October 2015—

a

section 20 (Independent Complaints Commissioner: reporting duty);

b

in relation to England, sections 35 and 36 (home businesses);

c

sections 104 and 105 (new grounds for disqualification);

d

section 106 (determining unfitness and disqualifications: matters to be taken into account);

e

sections 108 and 109 (director disqualification: other amendments);

f

section 110 (compensation orders and undertakings);

g

section 111 (sections 104 to 110: consequential and related amendments) and Schedule 7;

h

section 112 (provision for Northern Ireland corresponding to sections 104 to 111) and Schedule 8, except for paragraph 5 (reports of office-holders on conduct of directors of insolvent companies);

i

sections 113 to 116 (bankruptcy: Scotland and Northern Ireland); and

j

sections 117 to 119 (office-holder actions).

Provisions coming into force immediately after the coming into force of section 17 of the Deregulation Act 20153

The following provisions of the Act come into force immediately after the coming into force of section 17 of the Deregulation Act 20155—

a

sections 137 to 143 (regulation of insolvency practitioners: amendments to existing regime); and

b

sections 144 to 146 (power to establish single regulator of insolvency practitioners) and Schedule 11.

Provisions coming into force on 10th October 20154

The following provisions of the Act come into force on 10th October 2015—

a

section 96 (protection of information about a person’s date of birth), so far as not yet in force, except for the insertion of sections 1087A(3)(b), 1087A(4)(a) and (b), 1087A(5) 1087A(6), 1087A(7) and 1087B(4) into the Companies Act 20066;

b

sections 100 and 101 (director disputes); and

c

section 103 (reduction in notice periods etc for striking off companies).

Transitional provisions and savings5

The Schedule (which contains transitional provisions relating to the provisions brought into force by these Regulations) has effect.

Baroness Neville-RolfeParliamentary Under Secretary of State and Minister for Intellectual PropertyDepartment for Business, Innovation and Skills