2016 No. 481

Insolvency

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Made

Coming into force

A draft of these Regulations was laid before Parliament in accordance with section 99(5) of the Enterprise and Regulatory Reform Act 20131, section 159(3) and 161(4) of the Small Business, Enterprise and Employment Act 20152 and section 17(4) of the Limited Liability Partnerships Act 20003 and approved by a resolution of each House of Parliament.

The Secretary of State, in exercise of the powers conferred by section 99(1) and (2) of the Enterprise and Regulatory Reform Act 2013, section 159(1) and (2) of the Small Business, Enterprise and Employment Act 2015 and section 14(2)(a) of the Limited Liability Partnerships Act 2000, makes the following Regulations.

Citation and commencement1

These Regulations may be cited as the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 and come into force on 6th April 2016.

Amendments relating to the Enterprise and Regulatory Reform Act 20132

1

Schedule 1, which amends Acts of Parliament, has effect.

2

Schedule 2, which amends subordinate legislation, has effect.

Amendments relating to the Small Business, Enterprise and Employment Act 2015

3

In paragraph 26 of Schedule 8 to the Insolvency Act 1986 (provisions capable of inclusion in company insolvency rules)4, for “7(3)” substitute “7A”.

4

1

Part 3 of Schedule 6 to the Limited Liability Partnerships Regulations 2001 (application of subordinate legislation)5is amended as follows.

2

In paragraph 6 for “The Insolvent Companies (Reports on Conduct of Directors) Rules 1996” substitute “The Insolvent Companies (Reports on Conduct of Directors) (England and Wales) Rules 20166”.

3

In paragraph 7 for “The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996” substitute “The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 20167”.

Neville-RolfeMinister of State for Small Business, Industry and EnterpriseDepartment for Business, Innovation and Skills

SCHEDULE 1Consequential amendments to Acts of Parliament

Regulation 2(1)

PART 1

Bills of Sale Act 18781

In section 8 of the Bills of Sale Act 1878 (avoidance of unregistered bills of sale in certain cases)8 before “filing the petition for bankruptcy” insert “making the bankruptcy application or”.

Agricultural Credits Act 19282

In section 8(5) of the Agricultural Credits Act 1928 (supplemental provisions as to agricultural charges)9

a

for “adjudged” substitute “made”;

b

before “presentation of the bankruptcy petition” insert “making of the bankruptcy application or”.

Law of Property (Joint Tenants) Act 19643

In section 1(1)(b) of the Law of Property (Joint Tenants) Act 1964 (assumptions on sale of land by survivor of joint tenants)10

a

before “a petition” insert “an application or”;

b

before “or petition” insert “, application”.

Land Charges Act 19724

1

The Land Charges Act 197211 is amended as follows.

2

In section 5 (the register of pending actions)12

a

in subsection (1)—

i

after paragraph (b) insert—

c

a bankruptcy application.

b

in subsection (3)—

i

at the end of paragraph (a) omit “and”;

ii

at the end of paragraph (b) insert “and”;

iii

after paragraph (b) insert—

c

if it relates to a bankruptcy application, the date on which the bankruptcy application was made.

c

after subsection (6) insert—

6A

No fee shall be charged for the registration of a bankruptcy application.

d

in subsection (8) before “petition in bankruptcy” insert “bankruptcy application or”.

3

In section 6(6) (the register of writs and orders affecting land)13

a

before “petition in bankruptcy” insert “bankruptcy application or”;

b

for the words from “either the registration of the petition” to the end of the section substitute—

either—

a

the registration of the application or the petition is in force; or

b

a receiving order on the application or the petition is registered under this  section.

4

In section 16(2) (general rules)14 before “petition in bankruptcy” insert “bankruptcy application or”.

Estate Agents Act 19795

1

Section 23 of the Estate Agents Act 1979 (bankrupts not to engage in estate agency work)15 is amended as follows.

2

In subsection (1) for “adjudged” substitute “made”.

3

In subsection (2)(a) for “adjudication of bankruptcy” substitute “bankruptcy order made”.

Housing Act 19856

In section 121(2)(a) of the Housing Act 1985 (circumstances in which the right to buy cannot be exercised)16 before “has a bankruptcy petition” insert “has made a bankruptcy application that has not been determined or”.

Finance Act 19867

1

The Finance Act 198617 is amended as follows.

2

In section 80D(9)(e) (repurchases and stock lending: replacement stock on insolvency)18 before “presentation of a bankruptcy petition” insert “making of a bankruptcy application or”.

3

In section 89AB(9)(e) (stamp duty reserve tax: exception for repurchases and stock lending in case of insolvency)19 before “presentation of a bankruptcy petition” insert “making of a bankruptcy application or”.

Company Directors Disqualification Act 19868

In section 11(2A) of the Company Directors Disqualification Act 1986 (undischarged bankrupts)20 for paragraph (a)(i) substitute—

i

the court by which the bankruptcy order was made or (if the order was not made by a court) the court to which a debtor may appeal against a refusal to make a bankruptcy order, or

Companies Act 19899

1

The Companies Act 198921 is amended as follows.

2

In section 155(3B)(a) (market contracts)22 before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

3

In section 158(3)(a) (modifications of the law of insolvency)23 before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

4

In section 163(4)(a) (net sum payable on completion of default proceedings)24 before “a bankruptcy petition” insert “a bankruptcy application or”.

5

In section 164 (disclaimer of property, rescission of contracts etc)25

a

in subsection (3), in the words before paragraph (a) “or presentation of bankruptcy petition” insert “, submission of bankruptcy application or”;

b

in subsection (4)(a) before “a petition has been presented” insert “a bankruptcy application has been submitted or”;

c

in subsection (4)(b) for “such a petition has been presented” substitute “such an application has been made or petition presented”.

6

In section 175 (administration orders etc)26

a

in subsection (4) before “or presentation of bankruptcy petition” insert “, making of bankruptcy application”;

b

in subsection (5) before “a petition has been presented” insert “a bankruptcy application has been made or”.

7

In section 182(2) (powers of court in relation to certain proceedings begun before commencement) before paragraph (a) insert—

za

the making of a bankruptcy application on which a bankruptcy order is made,

Taxation of Chargeable Gains Act 199210

In section 263CA(9)(e) of the Taxation of Chargeable Gains Act 1992 (stock lending: insolvency etc of borrower)27 before “the presentation of a bankruptcy petition” insert “bankruptcy application made or”.

Pensions Act 199511

1

The Pensions Act 199528 is amended as follows.

2

After section 4(1)(b) (suspension orders)29 insert—

ba

where an application has been made under section 263H of the Insolvency Act 198630 for an order making him bankrupt and the application has not been determined,

3

In section 29(1)(b)31 (persons disqualified for being trustees) for “adjudged” substitute “made”.

Welfare Reform and Pensions Act 199912

In section 11(1) of the Welfare Reform and Pensions Act 1999 (effect of bankruptcy on petition rights: approved arrangements)32 before “petition presented” insert “bankruptcy application made or”.

Financial Services and Markets Act 200013

In section 374(3) of the Financial Services and Markets Act 2000 (powers of Financial Conduct Authority or Prudential Regulation Authority to participate in proceedings)33 for the words from the beginning to “or Article 248 of the 1989 Order)” substitute “In the case of a petition presented under Article 238 of the 1989 Order, a copy of the report prepared under Article 248 of that Order”.

International Criminal Court Act 200114

1

Paragraph 9 (bankruptcy: England and Wales) of Schedule 6 (freezing orders in respect of property liable to forfeiture) to the International Criminal Court Act 200134 is amended as follows.

2

In sub-paragraphs (1) and (2) for “adjudged” substitute “made”.

3

In sub-paragraph (1)(a) for “adjudging” substitute “making”.

Land Registration Act 200215

1

The Land Registration Act 200235 is amended as follows.

2

In section 86 (bankruptcy)—

a

in subsection (1) before “petition in bankruptcy” insert “bankruptcy application,”;

b

in subsection (2) before “petition in bankruptcy” insert “bankruptcy application or”;

c

in subsection (5)—

i

for “adjudged” substitute “made”;

ii

in paragraph (c)(ii) for “the bankruptcy petition” insert “the bankruptcy application or petition”.

Enterprise Act 200216

For section 268(9)(a) of the Enterprise Act 2002 (insolvency: disqualification from office)36 substitute—

a

who has been made bankrupt (under Part 9 of the Insolvency Act 1986),

aa

who has been adjudged bankrupt by a court in Northern Ireland,

Charities Act 201117

1

The Charities Act 201137 is amended as follows.

2

In section 80(1)(a)(i) and (3) (powers to remove or appoint charity trustees)38 for “adjudged” substitute “made”.

3

In section 178(1) (persons disqualified from being charity trustees or trustees of a charity)39, in case B, for “adjudged” substitute “made”.

4

In section 179(2) (disqualification: pre-commencement events etc.) for “adjudication of bankruptcy” substitute “making bankrupt”.

PART 2

Consequential amendments to other Acts of Parliament18

In each of the following provisions, for “adjudged”, in each place it occurs, substitute “made”.

Acts of Parliament

References

Provisions

Fines and Recoveries Act 1833

1833 c.74

Section 6740.

Agriculture Act 1947

1947 c.48

Schedule 9, paragraph 13(4)41.

Tees and Hartlepool Port Authority Act 1966

1966 c.xxv

Schedule 3, paragraph 6(a).

Solicitors Act 1974

1974 c.47

Schedule 1, paragraph 1(1)(d).

Public Passenger Vehicles Act 1981

1981 c.14

Section 57(2)(b)42.

Housing Associations Act 1985

1985 c.69

Schedule 6, paragraph 3(3)(a).

Administration of Justice Act 1985

1985 c.61

Section 16(1)(g)43.

Agricultural Holdings Act 1986

1986 c.5

Section 96(2)(a).

Blyth Harbour Act 1986

1986 c.xxi

Section 8(1)(b).

Pension Schemes Act 1993

1993 c.48

Section 123(1)(a) and Schedule 4, paragraph 3(1).

Coal Industry Act 1994

1994 c.21

Schedule 1, paragraph 1(4)(b)44.

Environment Act 1995

1995 c.25

Schedule 1, paragraph 1(3)(b)45 and Schedule 6, paragraph 7(b)46.

Goods Vehicles (Licensing of Operators) Act 1995

1995 c.23

Section 26(1)(g) and (10)47.

Employment Rights Act 1996

1996 c.18

Sections 166(6)(a)(i) and 183(2)(a)(i)48

Police Act 1996

1996 c.16

Schedule 4B, paragraphs 8(1)(a), 9(1)(a) and 10(a)49.

Housing Act 1996

1996 c.52

Schedule 1, paragraph 4(2)(a)50.

Food Standards Act 1999

1999 c.28

Schedule 1, paragraph 4(a)51.

Proceeds of Crime Act 2002

2002 c.29

Sections 23(4), 108(4), 173(4), 311(3)(d), 417(1)52, 418(1) and 419(1).

Education Act 2002

2002 c.32

Schedule 11, paragraph 4(a).

Licensing Act 2003

2003 c.17

Section 27(3)(b).

Pensions Act 2004

2004 c.35

Sections 58(5)(a) and 121(2)(a).

National Health Service Act 2006

2006 c.41

Schedule 7, paragraph 8(1)(a)53.

Housing and Regeneration Act 2008

2008 c.17

Section 266(2)54.

SCHEDULE 2Consequential amendments to subordinate legislation

Regulation 2(2)

PART 1

Land Charges Rules 19741

1

The Land Charges Rules 197455 are amended as follows.

2

In rule 2 (citation, commencement and interpretation)56 before the definition of “application” insert—

  • “adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 198657,

3

In rule 5 (priority notices and applications for registration)58 after “application” insert “(other than an application for registration or renewal of a bankruptcy application or of a bankruptcy order made by the adjudicator)”.

4

In rule 10 (cancellation)59

a

at the end of paragraph (i) omit “or”;

b

at the end of paragraph (ii) omit “:” and insert—

; or

iii

a copy of the adjudicator’s notice of refusal to make a bankruptcy order:

5

In Schedule 1 (contents of registers)60

a

under the heading “2. REGISTER OF PENDING ACTIONS”, in the second column headed “Relevant Particulars” at the end of paragraph 2(b) insert—

(c) Bankruptcy applications—

(i) Name, address and description of debtor.

(ii) Date on which the bankruptcy application was made.

(iii) Reference allocated by the adjudicator to the bankruptcy application.

b

under the heading “3. REGISTER OF WRITS AND ORDERS”, in the second column headed “Relevant Particulars” paragraph 3(b) is amended as follows—

i

in sub-paragraph (i) after “petitioner” insert “, if applicable”;

ii

for sub-paragraph (ii) substitute—

(ii) Court in which bankruptcy order was made, if applicable.

iii

after paragraph 2(b)(ii) insert—

(iia) Date of order.

The Administration of Insolvent Estates of Deceased Persons Order 19862

1

The Administration of Insolvent Estates of Deceased Persons Order 198661 is amended as follows.

2

In article 3(1) before “presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

3

In article 4(1) for “adjudged” substitute “made”.

4

In article 5—

a

before paragraph (1) insert—

A1

If a debtor dies after making a bankruptcy application, the proceedings will continue as if the deceased debtor were alive, with the modifications specified in Schedule 2 to this Order.

b

in paragraph (1) after “If a debtor” omit “by or”.

5

In the heading to Schedule 1 before “PRESENTATION OF A BANKRUPTCY PETITION” insert “MAKING OF A BANKRUPTCY APPLICATION OR”.

6

In the table in Part 1 of Schedule 1 (general modifications of provisions of the Act) in the first column headed “Reference in provision of the Act specified in Part 2 of this Schedule”—

a

for “adjudged” substitute “made”;

b

for “a debtor’s petition” substitute “a bankruptcy application”.

7

Part 2 of Schedule 1 (provisions of the Act not included in Part 3 of this Schedule)62 is amended as follows—

a

in paragraph 1 omit sub-paragraph (c);

b

for paragraph 6 substitute—

6

Section 272 as if for subsection (1) there were substituted the following—

1

A petition by the personal representative of a deceased debtor for an insolvency administration order in Form 6 set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986 may be presented to the court only on the grounds that the estate of a deceased debtor is insolvent.

c

in paragraph 18 omit “, except section 297(4),”;

d

for paragraph 27 substitute—

27

Section 341 with the modification that in subsection (1)(a) for the words from “day of the making” to “made bankrupt

e

for paragraph 29(b) substitute—

b

in subsection (2), for the words from “the making” to “initial period” there shall be substituted the words “the date of death of the deceased debtor

8

Schedule 2 (death of debtor after presentation of a bankruptcy petition) is amended as follows—

a

in the heading to Schedule 2 before “PRESENTATION OF A BANKRUPTCY PETITION” insert “MAKING OF A BANKRUPTCY APPLICATION OR”;

b

in paragraph 1(1) for “debtor’s petition” substitute “bankruptcy application”;

c

in paragraph 2 before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application, or (as the case may be)”.

Criminal Justice Act 1988 (Designated Countries and Territories) Order 19913

Paragraph 84 of Schedule 3 to the Criminal Justice Act 1988 (Designated Countries and Territories) Order 199163 is amended as follows—

a

in sub-paragraphs (1), (2) and (6) for “adjudged” substitute “made”;

b

in sub-paragraphs (1)(a) and (4)(a) and (b) for “adjudging” substitute “making”.

Housing (Preservation of Right to Buy) Regulations 19934

Before paragraph 121(2)(a) of Part 5 of Schedule 2 to the Housing (Preservation of Right to Buy) Regulations 199364 insert—

za

has made a bankruptcy application that has not yet been determined,

Insolvent Partnerships Order 19945

1

The Insolvent Partnerships Order 199465 is amended as follows.

2

In article 10 (winding up of insolvent partnership as unregistered company on member’s petition where concurrent petitions presented against all members)66

a

in paragraph (4) for “a bankruptcy petition is presented” substitute “a bankruptcy application is made”;

b

in paragraph (5)(a) omit “273, 274,”.

3

In article 11(2) (insolvency proceedings not involving winding up of insolvent partnership as unregistered company where individual members present joint bankruptcy petition)—

a

for “sections 273, 274 and” substitute “section”;

b

for “a bankruptcy petition is presented” substitute “a bankruptcy application is made”.

Contracting Out (Functions of the Official Receiver) Order 19956

In paragraph (2) of Part 5 of Schedule 1 to the Contracting Out (Functions of the Official Receiver) Order 199567 before “bankruptcy or winding-up petition” insert “bankruptcy application or”.

Housing (Right to Acquire) Regulations 19977

Before paragraph 121(2)(a) of Schedule 2 to the Housing (Right to Acquire) Regulations 199768 insert—

za

has made a bankruptcy application that has not yet been determined,

Land Registration Rules 20038

1

The Land Registration Rules 200369 are amended as follows.

2

In rule 165 (bankruptcy notice)—

a

in paragraph (1) omit “in the following form—” and insert—

.

1A

The bankruptcy notice on registration of a petition in bankruptcy must be in the following form—

b

before paragraph (2) insert—

1B

The bankruptcy notice on registration of a bankruptcy application must be in the following form—

“BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy application made by [name of debtor] (reference…..) (Land Charges Reference Number PA…..).”.

3

In rule 166 (bankruptcy restriction)—

a

In paragraph (1) omit “in the following form—” and insert—

.

1A

The bankruptcy restriction on registration of a bankruptcy order made by the court must be in the following form—

b

before paragraph (2) insert—

1B

The bankruptcy restriction on registration of a bankruptcy order made by the adjudicator must be in the following form—

“BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002 as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy order made by the adjudicator (reference…..) against [name of debtor] (Land Charges Reference Number WO…..).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].”

4

In rule 167(1) (action of the registrar in relation to bankruptcy entries)—

a

after sub-paragraph (a) insert—

ab

the adjudicator has refused to make a bankruptcy order, or

b

before “to that bankruptcy petition” insert “to that bankruptcy application,”.

5

In rule 217(1)70 (general interpretation) before “affecting franchise” insert—

  • “adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 198671,

Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 20059

1

The Insurers (Reorganisation and Winding Up (Lloyd’s) Regulations 200572 are amended as follows.

2

In regulation 8 (moratorium)73

a

in paragraph (2)(b)(iii) before “a petition” insert “an application or”;

b

in paragraph (11) for “adjudged” substitute “made”.

3

In regulation 13(1) “(treatment of members)”74 before sub-paragraph (d) insert—

ca

the making of a bankruptcy application;

4

For regulation 28(3) (bankruptcy of a member: powers of reorganisation controller), substitute—

3

In the case of a petition presented under Article 238 of the 1989 Order, a copy of the report prepared under Article 248 of that Order must also be sent to the reorganisation controller.

Land Registration (Network Access) Rules 200810

1

The Land Registration (Network Access) Rules 200875 are amended as follows.

2

In paragraph 4(a) of Schedule 2 (terms which must be included in a full network access agreement) for “adjudged” substitute “made”.

3

In paragraph 6(b)(i)76 of Schedule 3 (the grounds on which the Registrar may terminate a full network access agreement) before “a bankruptcy petition” insert “a bankruptcy application has been made or”.

Financial Markets and Insolvency Regulations 200911

Before regulation 1(3)(e) of the Financial Markets and Insolvency Regulations 2009 (citation, commencement and transitional provision)77 insert—

da

the making of a bankruptcy application;

Employment Tribunals (Constitution and Rules of Procedure) Regulations 201312

In regulation 5(4) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (President of Employment Tribunals)78 for “adjudged to be” substitute “made”.

PART 2

Consequential amendments to other subordinate legislation13

In each of the following provisions, for “adjudged”, in each place it occurs, substitute “made”.

Instruments made under Act of Parliament

References

Provisions

Education (Schools Governing Bodies) Regulations 1981

S.I. 1981/809

Regulation 5(1) and 5(2).

Motor Vehicles (Tests) Regulations 1981

S.I. 1981/1694

Regulation 9(1)(b)79.

War Pensions (Committees (Revocation and Reconstitution) Order 1985

S.I. 1985/1544

Schedule 2, paragraph 5(c).

Charities (Booth Charities) Order 1985

S.I. 1985/1935

Appendix 1, paragraph 2, paragraph 16 of the Scheme.

Road Vehicles (Construction and Use) Regulations 1986

S.I. 1986/1078

Schedule 3B, paragraph 5(1)(b)80.

Padstow Harbour Revision Order 1987

S.I. 1987/420

Schedule 2, paragraph 7(a).

Education (School Government) Regulations 1987

S.I. 1987/1359

Regulation 6(1) and (2).

Charities (Borough Lands Charity, Chippenham) Order 1990

S.I. 1990/843

Appendix 1, paragraph 11 of the Scheme.

Gloucester Harbour Revision Order 1994

S.I. 1994/3162

Paragraph 7(a) of the Schedule.

Middlesbrough College (Government) Regulations 1995

S.I. 1995/1342

Schedule 1, paragraph 7(7) and (8).

Ridge Danyers College (Government) Regulations 1995

S.I. 1995/1569

Schedule 1, paragraph 7(7) and (8).

Thurrock and Basildon College (Government) Regulations 2001

S.I. 2001/1507

Schedule 1, paragraph 8(5) and (6).

Sussex Downs College (Government) Regulations 2001

S.I. 2001/2799

Schedule 1, paragraph 8(5) and (6).

Brooke House Sixth Form College (Government) Regulations 2001

S.I. 2001/3213

Schedule 1, paragraph 8(5) and (6).

Derby College (Government) Regulations 2001

S.I. 2001/3810

Schedule 1, paragraph 8(5) and (6).

Registration of Social Care and Independent Health Care (Wales) Regulations 2002

S.I. 2002/919

Schedule 1, paragraph 3(b)81.

Longley Park Sixth Form College (Government) Regulations 2002

S.I. 2002/2523

Schedule 1, paragraph 8(5) and (6).

Residential Family Centres Regulations 2002

S.I. 2002/3213

Regulation 5(4)(a)82.

Oxford and Cherwell College (Government) Regulations 2003

S.I. 2003/514

Schedule 1, paragraph 8(5) and (6).

National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

S.I. 2004/478

Regulation 5(2)(i)(i)83 and Schedule 6, paragraph 111(2)(j)(i)84.

Tyne Metropolitan College (Government) Regulations 2004

S.I. 2004/3109

Schedule 1, paragraph 8(5) and (6).

Central Sussex College (Government) Regulations 2005

S.I. 2005/397

Schedule 1, paragraph 8(5) and (6).

Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

S.I. 2005/2720

Regulation 7(4)(a)85.

Railway (Licensing of Railway Undertakings) Regulations 2005

S.I. 2005/3050

Schedule 2, paragraph 2(a)86.

National Health Service (General Dental Services Contracts) Regulations 2005

S.I. 2005/3361

Regulation 4(3)(g)(i)87 and Schedule 3, paragraph 71(2)(h)(i)88.

National Health Service (Personal Dental Services Agreements) Regulations 2005

S.I. 2005/3373

Regulation 4(3)(g)(i)89 and Schedule 3, paragraph 69(2)(h)(i)90.

National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

S.I. 2006/489

Regulation 4(3)(g)(i)91 and Schedule 3, paragraph 69(2)(h)(i)92.

National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

S.I. 2006/490

Regulation 4(3)(g)(i)93 and Schedule 3, paragraph 71(2)(h)(i)94.

Manchester College (Government) Regulations 2008

S.I. 2008/50

Schedule 1, paragraph 8(5) and (6).

South Staffordshire College (Government) Regulations 2008

S.I. 2008/1734

Schedule 1, paragraph 8(5) and (6).

Rochdale Sixth Form College (Government) Regulations 2008

S.I. 2008/1790

Schedule 1, paragraph 8(5) and (6).

Leeds City College (Government) Regulations 2008

S.I. 2008/3084

Schedule 1, paragraph 8(5) and (6).

Port Security (Avonmouth Dock and Royal Portbury Dock and Port of Bristol Security Authority) Designation Order 2010

S.I. 2010/319

Schedule 3, paragraph1(3)(c).

Lowestoft Sixth Form College (Government) Regulations 2010

S.I. 2010/505

Schedule 1, paragraph 8(5) and (6).

Care Standards Act 2000 (Registration) (England) Regulations 2010

S.I. 2010/2130

Schedule 1, paragraph 4(b)95.

Fostering Services (England) Regulations 2011

S.I. 2011/581

Regulation 5(3)(a).

South Gloucestershire and Stroud College (Government) Regulations 2011

S.I. 2011/2975

Schedule 1, paragraph 8(5) and (6).

Port Security (Port of Dover) Designation Order 2011

S.I. 2011/3045

Schedule 3, paragraph 1(5)(c).

Easton and Otley College (Government) Regulations 2012

S.I. 2012/1749

Schedule 1, paragraph 8(5) and (6).

Port Security (Port of Aberdeen) Designation Order 2012

S.I. 2012/2607

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Portland) Designation Order 2012

S.I. 2012/2609

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Tees and Hartlepool) Designation Order 2012

S.I. 2012/2610

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Workington) Designation Order 2012

S.I. 2012/2611

Schedule 2, paragraph 1(5)(c).

National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

S.I. 2013/349

Article 105(2)(h)(i) and Schedule 7, paragraph 29(2)(g).

Coleg Cambria Further Education Corporation (Government) Regulations 2013

S.I. 2013/375

Schedule 1, paragraph 7(8) and (9).

Port Security (Port of Milford Haven) Designation Order 2013

S.I. 2013/516

Schedule 2, paragraph 1(5)(c).

Residential Holiday Schemes for Disabled Children (England) Regulations 2013

S.I. 2013/1394

Regulation 5(4)(a).

Port Security (Ports of Swansea and Port Talbot) Designation Order 2013

S.I. 2013/1652

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Newhaven) Designation Order 2013

S.I. 2013/1655

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Falmouth) Designation Order 2013

S.I. 2013/1656

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Sullom Voe) Designation Order 2013

S.I. 2013/2013

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Hull, New Holland, Immingham and Grimsby) Designation Order 2013

S.I. 2013/2014

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Southampton) Designation Order 2013

S.I. 2013/2272

Schedule 2, paragraph 1(5)(c).

National Health Service (Approval of Licencing Criteria) Order 2013

S.I. 2013/2960

Schedule 1, paragraph 2(4)(a)(i).

Port Security (Port of Barrow) Designation Order 2013

S.I. 2013/3074

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Cromarty Firth) Designation Order 2013

S.I. 2013/3075

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Fowey) Designation Order 2013

S.I. 2013/3076

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Great Yarmouth) Designation Order 2013

S.I. 2013/3078

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Peterhead) Designation Order 2013

S.I. 2013/3079

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Troon) Designation Order 2013

S.I. 2013/3080

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Tyne) Designation Order 2013

S.I. 2013/3081

Schedule 2, paragraph 1(5)(c).

Port Security (Ports of Cardiff, Barry and Newport) Designation Order 2013

S.I. 2013/3180

Schedule 4, paragraph 1(5)(c).

Port Security (Port of Shoreham) Designation Order 2013

S.I. 2013/3185

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Plymouth) Designation Order 2014

S.I. 2014/8

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Medway) Designation Order 2014

S.I. 2014/82

Schedule 2, paragraph 1(5)(c).

Port Security (Port of London) Designation Order 2014

S.I. 2014/577

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Bramble Island Dock, Felixstowe, Harwich, Harwich International, Ipswich and Mistley Quay) Designation Order 2014

S.I. 2014/604

Schedule 2, paragraph 1(5)(c).

Port Security (Port of Londonderry) Designation Order 2014

S.I. 2014/1811

Schedule 2, paragraph 1(5)(c).

Prospects College of Advanced Technology (Government) Regulations 2014

S.I. 2014/2068

Schedule 1, paragraph 6(5).

Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 2014

S.I. 2014/2839

Regulation 4(2)(a)96.

Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

S.I. 2014/3238

Schedule 2, paragraph 12(3)(b) and Schedule 4, paragraph 12(3)(b).

National Health Service Pension Scheme Regulations 2015

S.I. 2015/94

Schedule 1, paragraph 3(2)(g) and Schedule 2, paragraph 2(2)(g).

Care and Support (Business Failure) Regulations 2015

S.I. 2015/301

Regulation 2(3)(a).

Children’s Homes (England) Regulations 2015

S.I. 2015/541

Regulation 26(8)(a)(i).

Port Security (Port of Oban) Designation Order 2015

S.I. 2015/1504

Schedule 2, paragraph 1(5)(c).

National College for High Speed Rail (Government) Regulations 2015/1458

S.I. 2015/1458

Schedule 1, paragraph 7(5) and (6).

National Health Service (General Medical Services Contracts) Regulations 2015

S.I. 2015/1862

Regulation 6(2)(l)(i) and Schedule 3, Part 8, paragraph 67(m)(i).

National Health Service (Personal Medical Services Agreements) Regulations 2015

S.I. 2015/1879

Regulation 5(2)(l)(i) and Schedule 2, Part 8, paragraph 58(l)(i).

PART 3

Consequential amendments to Welsh legislation

14

In paragraph 2(a) of Schedule 2 to Education (Foundation Body) (Wales) Regulations 200197

a

in the English text for “adjudged” substitute “made”; and

b

in the Welsh text for “dyfarnwyd” substitute “gwnaethpwyd”.

15

In each of the following provisions—

a

in the English text for “adjudged” substitute “made”; and

b

in the Welsh text for “ddyfarnu’n” and “farnu’n” substitute “wneud yn”.

Instruments made under Act of Parliament

References

Provision

Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001

S.I. 2001/2136

Regulations 5(1)(g)98 and 6(2)99 in both places that it appears.

Care Homes (Wales) Regulations 2002

S.I. 2002/324

Regulation 7(6)(a)100.

Children’s Homes (Wales) Regulations 2002

S.I. 2002/327

Regulation 6(5)(a)101.

Fostering Services (Wales) Regulations 2003

S.I. 2003/237

Regulation 5(4)(a)102.

Residential Family Centres (Wales) Regulations 2003

S.I. 2003/781

Regulation 5(5)(a)103.

Nurse Agencies (Wales) Regulations 2003

S.I. 2003/2527

Regulation 7(5)(a)104.

Domiciliary Care Agencies (Wales) Regulations 2004

S.I. 2004/219

Regulation 8(4)(a)105.

Adult Placement Schemes (Wales) Regulations 2004

S.I. 2004/1756

Regulation 8(4)(a)106.

Government of Maintained Schools (Wales) Regulations 2005

S.I. 2005/2914

Schedule 5, paragraph 6(a)107.

Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

S.I. 2009/779

Schedule 2, paragraph 1(5)(a)108.

Welsh Health Specialised Services Committee (Wales) Regulations 2009

S.I. 2009/3097

Schedule 2, paragraph 1(5)(a)109.

Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

S.I. 2010/288

Regulation 12(3)(a)110.

Valuation Tribunal for Wales Regulations 2010

S.I. 2010/713

Regulation 14(1)(a).

Gower College Swansea Further Education Corporation (Government) Regulations 2010

S.I. 2010/1369

Schedule 1, paragraph 7(8) and (9).

Cardiff and Vale College Further Education Corporation (Government) Regulations 2011

S.I. 2011/657

Schedule 1, paragraph 7(8) and (9).

Independent Health Care (Wales) Regulations 2011

S.I. 2011/734

Regulation 10(4)(a).

Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012

S.I. 2012/1261

Schedule, paragraph 1(5)(a)111.

Emergency Ambulance Services Committee (Wales) Regulations 2014

S.I. 2014/566

Schedule 2, paragraph 1(5)(a).

Federation of Maintained Schools (Wales) Regulations 2014

S.I. 2014/1132

Schedule 7, paragraph 6(a).

Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014

S.I. 2014/2709

Schedule 2, paragraph 6(a).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments in connection with section 71 of the Enterprise and Regulatory Reform Act 2013 as a result of the new procedure introduced by that section in England and Wales for a debtor to apply for their own bankruptcy. A debtor must make an application to an adjudicator instead of petitioning the court.

These Regulations also make amendments in connection with section 107 of the Small Business, Enterprise and Employment Act 2015 as a result of the changes introduced by that section in England, Wales and Scotland to the requirements for office-holders reporting on the conduct of officers of insolvent companies.

Regulation 2 makes consequential amendments to Acts of Parliament and subordinate legislation to amend references to bankruptcy petitions, and references to a person being adjudged bankrupt, as a result of the new debtor application procedure. It also makes other necessary amendments to legislation in connection with the introduction of the new debtor application procedure.

Regulation 3 makes a consequential amendment to the Insolvency Act 1986 to amend the reference to the previous requirements on office-holders to report on the conduct of officers.

Regulation 4 makes amendments to the Limited Liability Partnerships Regulations 2001 to extend the reporting requirements contained in the Insolvent Companies (Reports on Conduct of Directors) (England and Wales) Rules 2016 and the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 2016 to insolvent limited liability partnerships.

No impact assessment has been prepared for these Regulations as no impact on the private or voluntary sectors is foreseen.

An Explanatory Memorandum has been prepared and is available alongside these Regulations at www.legislation.gov.uk.