Statutory Instruments
2016 No. 191
Insolvency, England And Wales
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016
Made
7th February 2016
The Secretary of State makes the following Order in exercise of the powers conferred by sections 100 and 103(3) and (4) of the Enterprise and Regulatory Reform Act 2013(1).
Citation
1. This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016.
Day appointed for the coming into force of section 71
2. Section 71 (bankruptcy applications: determination by adjudicators) of the Enterprise and Regulatory Reform Act 2013 (“the Act”) comes into force on 6th April 2016.
Saving provisions
3. The amendments to the Insolvency Act 1986(2) brought into force by section 71(3) and Schedule 19 (adjudicators: minor and consequential amendments) to the Act do not have effect in respect of a petition for a bankruptcy order presented to the court by a debtor before 6th April 2016.
4. The repeals of sections 272 and 273 of the Insolvency Act 1986 brought into force by paragraph 9 of Schedule 19 to the Act do not have effect in respect of the application of—
(a)paragraphs 6 and 7 of Part 2 of Schedule 1 (provisions of the Act applying with relevant modifications to the administration in bankruptcy of insolvent estates of deceased persons dying before presentation of a bankruptcy petition) to the Administration of Insolvent Estates of Deceased Persons Order 1986(3); and
(b)paragraph 5 of Schedule 7 (provisions of the Act which apply with modifications for the purposes of article 11 where joint bankruptcy petition presented by individual members without winding up partnership as unregistered company) to the Insolvent Partnerships Order 1994(4).
Anna Soubry
Minister of State for Small Business, Industry and Enterprise
Department for Business, Innovation and Skills
7th February 2016
EXPLANATORY NOTE
(This note is not part of the Order)
This is the ninth Commencement Order made under the Enterprise and Regulatory Reform Act 2013 (c.24) (“the Act”).
Article 2 of this Order commences section 71 of the Act on 6th April 2016. Section 71 introduces a new procedure for a debtor to apply for their own bankruptcy. A debtor must make an application to an adjudicator instead of petitioning the court for a bankruptcy order. Section 71 also makes amendments to the Insolvency Act 1986 (c.45) (the “1986 Act”) as a consequence of the new procedure.
Article 3 is a saving provision in respect of petitions for bankruptcy orders presented to the court by debtors before the coming into force of section 71. The amendments to the 1986 Act made by section 71(3) will not apply to such petitions.
Article 4 saves sections 272(1) and 273 of the 1986 Act for the purposes of bankruptcy petitions presented under the Administration of Insolvent Estates of Deceased Persons Order 1986 (“the 1986 Order”) and the Insolvent Partnerships Order 1994 (“the 1994 Order”). The process of a personal representative petitioning on behalf of an insolvent estate and partners petitioning on behalf of an insolvent partnership are unaffected by the new debtor bankruptcy application process and rely on sections 272 and 273 as modified by the 1986 Order and the 1994 Order.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act are brought into force by the first to seventh commencement orders made before the date of this order. The eighth commencement order was revoked by S.I. 2015/1558.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 7(1) | 6th April 2014 | 2014/253 |
| Section 7(2) (partially) | 6th March 2014 | 2014/253 |
| Section 7(2) (remainder) | 6th April 2014 | 2014/253 |
| Sections 8 and 9 | 6th April 2014 | 2014/253 |
| Section 14 | 29th July 2013 | 2013/1648 |
| Section 15(10) | 29th July 2013 | 2013/1648 |
| Section 16 | 6th April 2014 | 2014/253 |
| Section 19 | 25th June 2013 | 2013/1455 |
| Section 23 | 29th July 2013 | 2013/1648 |
| Section 25(1) and (2) | 1st October 2013 | 2013/2227 |
| Section 25(3) | 1st April 2014 | 2014/416 |
| Section 25(4) | 1st October 2013 | 2013/2227 |
| Section 26 | 1st April 2014 | 2014/416 |
| Section 27 | 1st October 2013 | 2013/2227 |
| Sections 29 to 51 | 1st April 2014 | 2014/416 |
| Sections 54 to 58 | 1st April 2014 | 2014/416 |
| Sections 60 and 61 | 6th April 2014 | 2014/416 |
| Section 63 (partially) | 25th June 2013 | 2013/1455 |
| Section 63 (partially) | 1st October 2013 | 2013/2227 |
| Section 63 (partially) | 6th April 2014 | 2014/416 |
| Section 65 | 1st October 2013 | 2013/2227 |
| Section 66 | 6th April 2014 | 2014/416 |
| Sections 67 to 70 | 1st October 2013 | 2013/2227 |
| Section 72(1) | 25th June 2013 | 2013/1455 |
| Section 72(2) and (3) | 16th December 2013 | 2013/2979 |
| Section 72(4) (partially) | 25th June 2013 | 2013/1455 |
| Section 72(4) (partially) | 1st October 2013 | 2013/1455 |
| Section 72(4) (partially, in relation to England only)(4) | 1st October 2013 | 2013/1455(5) |
| Section 72(4) (partially, in relation to England only) | 16th December 2013 | 2013/2979 |
| Section 72(4) (partially) | 16th December 2013 | 2013/2979 |
| Section 72(4) (partially, in relation to England only) | 31st December 2014 | 2013/2979(6) |
| Section 72(4) (partially in relation to Scotland) | 15th September 2014 | 2014/2481 |
| Section 73 (partially) | 1st October 2013 | 2013/2227 |
| Sections 79 to 82 | 1st October 2013 | 2013/2227 |
| Section 90(7) | 1st October 2013 | 2013/2227 |
| Schedule 1, paragraphs 2 and 3 | 6th March 2014 | 2014/253 |
| Schedule 1 (remainder) | 6th April 2014 | 2014/253 |
| Schedules 2 and 3 | 6th April 2014 | 2014/253 |
| Schedule 4, paragraphs 1 to 18, 20 to 28, 29(1), 31, 32, 34, 35, 51 (partially), 52 (partially), 53 (partially), 59, 60, 61(1) to (4), and 62 to 65 | 1st October 2013 | 2013/2227 |
| Schedule 4 (remainder) | 1st April 2014 | 2014/416 |
| Schedules 5 to 13 | 1st April 2014 | 2014/416 |
| Schedule 14 (paragraphs 1 to 19 and 23 to 29) | 1st April 2014 | 2014/416 |
| Schedule 15 | 1st April 2014 | 2014/416 |
| Schedule 16 | 6th April 2014 | 2014/416 |
| In Schedule 17— | ||
| Paragraphs 1 to 6 | 1st October 2013 | 2013/2227 |
| Paragraph 9 | 25th June 2013 | 2013/1455 |
| Paragraph 10 | 1st October 2013 | 2013/2227 |
| Paragraph 11 | 6th April 2014 | 2014/416 |
| Paragraphs 12 and 13 | 1st October 2013 | 2013/2227 |
| Paragraphs 14 to 19 | 6th April 2014 | 2014/416 |
| Paragraph 20 | 25th June 2013 | 2013/1455 |
| In Schedule 20— | ||
| Paragraph 1 | 1st October 2013 | 2013/1455 |
| Paragraph 2 (partially) | 25th June 2013 | 2013/1455 |
| Paragraph 2 (partially in relation to England only) | 1st October 2013 | 2013/1455 |
| Paragraph 2 (partially in relation to England only) | 16th December 2013 | 2013/2979 |
| Paragraph 2 (partially) | 16th December 2013 | 2013/2979 |
| Paragraph 2 (partially in relation to England only) | 31st March 2014 | 2013/2979 |
| Paragraph 2 (partially in relation to Scotland) | 15th September 2014 | 2014/2841 |
| Schedule 21, paragraph 5 | 1st October 2013 | 2013/2227 |
S.I. 2013/1455 (C. 55) was amended by S.I. 2013/2271 (C. 94) in relation to the commencement of this provision.
S.I. 2013/2979 (C. 122) was amended by S.I. 2014/824 (C. 33) and S.I. 2014/2481 in relation to the commencement of this provision.