The Care and Support (Business Failure) Regulations 2015

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Care and Support (Business Failure) Regulations 2015.

(2) Subject to paragraph (3), these Regulations come into force on the day on which section 52(12) of the Act comes fully into force(1).

(3) Insofar as these Regulations make provision for the purposes of—

(a) section 50 of the Act(2), and

(b) section 52 of the Act insofar as it relates to section 50,

they come into force for those purposes on the day on which section 50 of the Act comes fully into force.

(4) In these Regulations—

“the Act” means the Care Act 2014;

“the 1986 Act” means the Insolvency Act 1986(3);

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(4);

“a members’ voluntary winding up” means a winding up where a statutory declaration has been made under section 89 of the 1986 Act or article 75 of the 1989 Order(5);

“a provider” means—

(a)

a registered care provider(6),

(b)

a person registered under Part 2 of the Care Standards Act 2000(7) in respect of an establishment or agency, or

(c)

a person registered under Part 3 of the Health and Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(8) in respect of an establishment or agency;

“the relevant amount” means the amount specified in section 123(1)(a) of the 1986 Act (definition of inability to pay debts) or article 103(1)(a) of the 1989 Order (definition of inability to pay debts; the statutory demand) as the case may be.

(1)

Section 52(12) was commenced on 1 October 2014 for the purposes of making regulations by S.I. 2014/2473.

(2)

Section 50 concerns duties on local authorities in Wales to meet adults’ needs for care and support or carers’ needs for support in specified circumstances.

(3)

1986 c.45.

(4)

S.I. 1989/2405 (N.I. 19).

(5)

See S.I. 2001/1090 and 2012/3013 as to the application of section 89 to Limited Liability Partnerships and Charitable Incorporated Organisations respectively. As to the application of section 89 to co-operative and community benefit societies, see section 123 of the Co-operative and Community Benefit Societies Act 2014 (c.14), and as to the application of article 75 of the 1989 Order to industrial and provident societies in Northern Ireland, see section 64 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c.24), as substituted by S.I. 2009/1941.

(6)

See section 48(1) of the Act for the meaning of “registered care provider”.

(7)

2000 c.14.

(8)

S.I. 2003/431 (N.I. 9).