2016 No. 1016 (C. 72)

Deregulation
Insolvency, England And WalesIndividuals

The Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016

Made

The Secretary of State, in exercise of the powers conferred by sections 115(7) and (9) of the Deregulation Act 20151, makes the following Order.

Citation1

This Order may be cited as the Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016.

Provisions coming into force on 6th April 20172

The day appointed for the coming into force of the following provisions of the Deregulation Act 2015 in England and Wales is 6th April 2017—

a

section 19 so far as it relates to the paragraphs of Schedule 6 referred to in sub-paragraph (b); and

b

paragraphs 13(1), 14 and 15 of Schedule 62.

Savings provision3

The Insolvency Act 19863 continues to apply without the amendments made by paragraph 15 of Schedule 6 to the Deregulation Act 2015 where a bankruptcy order is made before the 6th April 2017 and the bankrupt is required to submit a statement of affairs.

Margot JamesMinister for Small Business, Consumers, and Corporate ResponsibilityDepartment for Business, Energy and Industrial Strategy
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force specified provisions of the Deregulation Act 2015 (“the Act”). This is the sixth commencement order made under the Act. Some provisions came into force on the passing of the Act and some two months after that date. The provisions commenced by this Order relate to the bankruptcy provisions of the Insolvency Act 1986 (c. 45) which only extend to England and Wales.

Article 2 commences section 19 and paragraphs 13(1) and 14 of Schedule 6 of the Act (which amend the Insolvency Act). Paragraph 13(1) amends section 286 of the Insolvency Act to enable the appointment of an insolvency practitioner as an interim receiver after the presentation of a creditor’s bankruptcy petition (currently only the official receiver can be appointed). Paragraph 14 makes a consequential amendment.

Article 2 also commences paragraph 15 of Schedule 6 of the Act which replaces the requirement in a bankruptcy based on a creditor’s petition to submit a statement of affairs to the official receiver with a power for the official receiver to require a statement of affairs.

Article 3 makes savings provision for bankruptcies where the order is made before the day appointed for commencement of the provisions listed in Article 2 and a bankrupt is required to submit a statement of affairs.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by earlier commencement orders.

Provision of the Act

Date of Commencement

S.I.No.

Section 1 (so far as not already in force)

1st October 2015

2015/1732

Section 2

1st October 2015

2015/994

Section 3 (so far as not already in force)

26th May 2015

2015/994

Section 4

26th May 2015

2015/994

Section 5

26th May 2015

2015/994

Section 6

1st October 2015

2015/994

Section 7

1st October 2015

2015/994

Section 8(1), (3) and (4) (so far as not already in force)

8th June 2015

2015/994

Section 9

30th June 2015

2015/994

Section 10

1st October 2015

2015/994

Section 11

1st October 2015

2015/994

Section 12

1st October 2015

2015/994

Section 14

26th May 2015

2015/994

Section 15

1st October 2015

2015/1732

Section 17

1st October 2015

2015/1732

Section 18

1st October 2015

2015/1732

Section 19 (partially)

1st October 2015

2015/1732

Section 33

1st October 2015

2015/994

Section 34

1st October 2015

2015/994

Section 35

1st October 2015

2015/994

Section 36

1st October 2015

2015/994

Section 37

1st July 2015

2015/994

Section 38 (partially)

1st July 2015

2015/994

Section 38 (so far as not already in force)

1st October 2015

2015/994

Section 39 (partially)

1st July 2015

2015/994

Section 39 (so far as not already in force)

1st October 2015

2015/994

Section 40

1st October 2015

2015/994

Section 41

1st October 2015

2015/994

Section 44

26th May 2015

2015/994

Section 45

26th May 2015

2015/994

Section 48

1st April 2015

2015/994

Section 49 (so far as not already in force)

1st October 2015

2015/994

Section 51(b) (so far as not already in force)

30th June 2015

2015/994

Section 51(f) (so far as not already in force

8th June 2015

2015/994

Section 51(g)

1st October 2015

2015/994

Section 52(a)

10th April 2015

2015/994

Section 53 (so far as not already in force)

1st April 2015

2015/994

Section 58 (so far as not already in force)

15th June 2015

2015/994

Section 59 (partially)

1st October 2015

2015/1732

Section 59(c)

26th May 2015

2015/994

Section 62 (so far as not already in force)

6th April 2015

2015/994

Section 63 (so far as not already in force)

6th April 2015

2015/994

Section 66(1) to (4)

1st October 2015

2015/1732

Section 66(5) (partially)

1st January 2016

2015/1732

Section 66(5) (remainder)

1st January 2016

2015/2074

Section 68

26th May 2015

2015/994

Section 69

1st April 2015

2015/994

Section 70

26th May 2015

2015/994

Section 71

1st October 2015

2015/1732

Section 72

26th May 2015

2015/994

Section 76

6th April 2015

2015/994

Section 77

26th May 2015

2015/994

Section 78

26th May 2015

2015/994

Section 80

26th May 2015

2015/994

Section 81

26th May 2015

2015/994

Section 82

26th May 2015

2015/994

Section 86

29th June 2015

2015/21402

Section 87

29th June 2015

2015/21402

Section 88

29th June 2015

2015/21402

Section 89

29th June 2015

2015/21402

Section 90 (partially, so far as not already in force)

20th April 2015

2015/994

Section 90 (so far as not already in force)

26th May 2015

2015/994

Section 91

2nd March 2016

2016/206

Section 93

26th May 2015

2015/994

Section 94

1st January 2016

2015/1732

Section 95

1st January 2016

2015/1732

Section 96

26th May 2015

2015/994

Schedule 1, Part 1 (so far as not already in force)

26th May 2015

2015/994

Schedule 1, Part 2

26th May 2015

2015/994

Schedule 2, Part 2 (so far as not already in force)

8th June 2015

2015/994

Schedule 2, Part 3, paragraphs 30, 32 and 33

8th June 2015

2015/994

Schedule 3

30th June 2015

2015/994

Schedule 5

1st October 2015

2015/1732

Schedule 6, Part 1

1st October 2015

2015/1732

Schedule 6, Part 2, paragraphs 4, 6, and 7

1st October 2015

2015/1732

Schedule 6. Part 3

1st October 2015

2015/1732

Schedule 6, Part 4

1st October 2015

2015/1732

Schedule 6, Part 5, paragraphs 12 (partially) and 16

1st October 2015

2015/1732

Schedule 6, Part 6

1st October 2015

2015/1732

Schedule 8 (so far as not already in force)

1st October 2015

2015/994

Schedule 10, Part 2 (so far as not already in force)

30th June 2015

2015/994

Schedule 10, Part 6 (so far as not already in force)

8th June 2015

2015/994

Schedule 10, Part 7

1st October 2015

2015/994

Schedule 11, Part 1

10th April 2015

2015/994

Schedule 12 (so far as not already in force)

15th June 2015

2015/994

Schedule 13, Part 3

26th May 2015

2015/994

Schedule 13, Part 5

1st October 2015

2015/1732

Schedule 16, paragraph 2

1st January 2016

2015/2074

Schedule 16, paragraphs 4 and 5

1st January 2016

2015/1732

Schedule 18

1st April 2015

2015/994

Schedule 19

29th June 2015

2015/21402

Schedule 20

29th June 2015

2015/21402

Schedule 21 (partially, so far as not already in force)

20th April 2015

2015/994

Schedule 21 (so far as not already in force)

26th May 2015

2015/994