This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Insolvency, Scotland
Made
4th April 2019
Coming into force
6th April 2019
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 160(1), 161(1) and (2) and 164(1) of the Small Business, Enterprise and Employment Act 2015(1).
1. These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019.
2. These Regulations extend to Scotland only.
3. In these Regulations-
"the 1986 Act" means the Insolvency Act 1986(2); and
"the 2015 Act" means the Small Business, Enterprise and Employment Act 2015.
4. The day appointed for the coming into force of the following provisions of the 2015 Act in Scotland for all remaining purposes is 6th April 2019-
(a)section 122 (abolition of requirements to hold meetings: company insolvency);
(b)section 124 (ability for creditors to opt not to receive certain notices: company insolvency); and
(c)section 126 (sections 122 to 125: further amendments) and Part 1 of Schedule 9.
5.-(1) This regulation applies where on or after 6th April 2019-
(a)a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the Insolvency (Scotland) Rules 1986(3) or the 1986 Act;
(b)a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;
(c)an initial creditors' meeting is to be held as a result of an invitation issued before that date under paragraph 51(1) of Schedule B1 of the 1986 Act or a request made before that date under paragraph 52(2) of that Schedule; or
(d)a meeting is to be held as a result of a meeting being called under section 94, 106 or 146 of the 1986 Act.
(2) Where such a meeting is to be held, the 1986 Act applies without the amendments made by-
(a)section 122 of the 2015 Act; and
(b)section 126 and Part 1 of Schedule 9 to the 2015 Act, insofar as those amendments relate to the abolition of requirements to hold meetings.
6.-(1) The Insolvency Amendment (EU 2015/848) Regulations 2017(4) are amended as follows.
(2) In regulation 2(2) omit sub-paragraph (a).
(3) In the Schedule omit paragraphs 56, 57, 58 and 60.
Kelly Tolhurst
Minister for Small Business, Consumers and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
4th April 2019
(This note is not part of the Regulations)
These are the seventh Commencement Regulations made under the Small, Business, Enterprise and Employment Act 2015 (c. 26) (the "2015 Act"). These Regulations bring into force, for Scotland, specified provisions of the 2015 Act which were introduced in England & Wales by S.I. 2016/1020 (and as amended by S.I. 2017/363).
Regulation 4 commences for Scotland: section 122 of the 2015 Act, which makes provision for decision making processes for creditors (other than meetings) in insolvencies; section 124, which make provision for creditors to opt out of receiving communications from office-holders in insolvencies; section 126 and Part 1 of Schedule 9, which makes further amendments relating to the above sections. Regulation 5 makes saving provision in respect of certain meetings called before 6th April 2019. Regulation 6 makes amendments to the Insolvency Amendment (EU 2015/848) Regulations 2017 consequential on the commencement of Part 1 of Schedule 9.
For meetings required by section 93 or 105 of the Insolvency Act 1986 in winding up a company where the resolution to wind up is passed before 6th April 2019 see the savings in the Public Services Reform (Insolvency) (Scotland) Order 2016 (S.S.I. 2016/141), as amended by S.S.I. 2017/209).
(This note is not part of the Regulations)
The following provisions of the Act are brought into force by commencement regulations made before the date of these Regulations.
Provision | Date of Commencement | S.I. No. |
---|---|---|
section 122, 123, 124, 125, 126 and Schedule 9, and section 133 and Schedule 10 (in relation to England) | 6th April 2017 | 2016/1020 |
section 17 | 1st October 2016 | 2016/321 |
section 18 | 26th May 2015 | 2015/1329 |
section 19(1), (3) and (4) | 26th May 2015 | 2015/1329 |
section 19(2) | 1st October 2015 | 2016/321 |
section 20 | 1st October 2015 | 2015/1689 |
sections 28 to 32 | 1st July 2015 | 2015/1329 |
section 33(4), (6) and (7) | 26th May 2015 | 2015/1329 |
section 34 | 26th May 2015 | 2015/1329 |
section 35 and 36 (in relation to England) | 1st October 2015 | 2015/1689 |
section 38 (partially) | 1st January 2016 | 2015/2029 |
section 38 (partially) | 1st June 2016 | 2016/532 |
section 41 and Parts 1 and 3 of Schedule 1 | 2nd May 2016 | 2016/532 |
section 45 (partially) | 6th April 2016 | 2016/321 |
section 47 (partially) | 6th April 2016 | 2016/321 |
section 51 (partially) | 6th April 2016 | 2016/321 |
section 58 (partially) | 6th April 2016 | 2016/321 |
sections 63 to 65 | 2nd May 2016 | 2016/532 |
section 76 | 1st January 2016 | 2015/1329 |
section 77 and Schedule 2 (partially) | 15th June 2015 | 2015/1329 |
section 77 and Schedule 2 (partially) | 1st January 2016 | 2015/1329 |
section 81 and Schedule 3 (partially) | 26th May 2015 | 2015/1329 |
section 81 and Schedule 3 (to the extent not already commenced) | 6th April 2016 | 2015/2029 |
section 82 | 6th April 2016 | 2015/2029 |
section 92 (partially) | 1st May 2016 | 2016/321 |
section 92 to 98 (partially) and Schedule 5 | 30th June 2016 | 2016/321 |
section 93 (partially) | 1st January 2016 | 2015/2029 |
section 96 (partially) | 26th May 2015 | 2015/1329 |
section 96 (partially) | 10th October 2015 | 2015/1689 |
sections 100 to 101 | 10th October 2015 | 2015/1689 |
section 102 | 6th April 2016 | 2016/321 |
section 103 | 10th October 2015 | 2015/1689 |
sections 104 to 106 (partially) | 26th May 2015 | 2015/1329 |
sections 104 to 106 (partially) | 1st October 2015 | 2015/1689 |
section 107 (partially) | 26th May 2015 | 2015/1329 |
section 107 (partially) | 6th April 2016 | 2016/321 |
sections 108 to 111 and Schedule 7 (partially) | 26th May 2015 | 2015/1329 |
sections 108 to 111 and Schedule 7 (partially) | 1st October 2015 | 2015/1689 |
section 112 and Schedule 8 (partially) | 1st October 2015 | 2015/1689 |
section 112 and Schedule 8 (partially) | 6th April 2016 | 2016/321 |
sections 113 to 119 | 1st October 2015 | 2015/1689 |
sections 122 to 126 and Schedule 9 (partially) | 26th May 2015 | 2015/1329 |
sections 122 to 126 and Schedule 9 (in relation to England) | 6th April 2017 | 2016/1020 |
section 133 and Schedule 10 (in relation to England) | 6th April 2017 | 2016/1020 |
sections 137 to 146 and Schedule 11 | Immediately after the coming into force of section 17 of the Deregulation Act 2015 (c.20) | 2015/1689 |
section 148 | 1st January 2016 | 2015/2029 |
section 149 | 26th May 2015 | 2015/1329 |
section 150 | 6th April 2016 | 2016/321 |
section 152 | 26th May 2015 | 2015/1329 |
section 153 | 26th May 2015 | 2015/1329 |
section 154 to 157 | 1st January 2016 | 2015/2029 |
section 158 | 26th May 2015 | 2015/1329 |
Part 1 of Schedule 3 (partially) | 30th June 2016 | 2015/2029 |
Part 2 of Schedule 3 (partially) | 30th June 2016 | 2015/2029 |
S.I. 1986/1915, revoked by S.I. 2018/1082 and S.S.I. 2018/347 subject to transitional and savings in Schedule 2 to each of those instruments.