# The Enterprise Act 2002 (Insolvency) Order 2004

S.I. 2004/2312 · made 3 September 2004

This Order amends paragraph 40(7) of Schedule A1 to the Insolvency Act 1986 (c. 45) and corrects an erroneous cross-reference to Schedule B1 to the Insolvency Act 1986 in regulation 6(5A) of the Financial Markets and Insolvency Regulations 1996 (S.I. 1996/1469). These provisions are clarifications of amendments to those enactments made by Schedule 17, paragraph 37(4) of the Enterprise Act 2002 and paragraph 62(e) of Schedule 1 to the Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096).

Made under: Enterprise Act 2002 (Section 277)

PDFs: Printed copy https://openlegislation.uk/enterprise-act-2002-insolvency-order-2004/pdf/uksi_20042312_en.pdf; Explanatory Memorandum https://openlegislation.uk/enterprise-act-2002-insolvency-order-2004/pdf/uksiem_20042312_en.pdf

## Introductory text

This Order has been made to correct errors in S.I. 2003/2096 and is being issued free of charge to all known recipients of that Statutory Instrument.
INSOLVENCY
COMPANIES
Made 3rd September 2004
Laid before Parliament 9th September 2004
Coming into force 15th October 2004
The Secretary of State, in exercise of the powers conferred upon her by section 277 of the Enterprise Act 2002 , hereby makes the following Order:

## 1 Citation and commencement

This Order may be cited as the Enterprise Act 2002 (Insolvency) Order 2004 and shall come into force on 15th October 2004.

## 2 Amendment to paragraph 40(7) of Schedule A1 to the Insolvency Act 1986

For paragraph 40(7)(a) of Schedule A1 to the Insolvency Act 1986 there is substituted—
“(a) the appointment of an administrator has effect in relation to the company and that appointment was in pursuance of—
(i) an administration application made, or
(ii) a notice of intention to appoint filed,
before the moratorium came into force, or”.

## 3 Amendment to the Financial Markets and Insolvency Regulations 1996

In regulation 6(5A)(a) of the Financial Markets and Insolvency Regulations1996 for “paragraph 44” there is substituted “paragraph 14”.

## Signature

Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
3rd September 2004

## Explanatory note

(This note is not part of the Order)
This Order amends paragraph 40(7) of Schedule A1 to the Insolvency Act 1986 (c. 45) and corrects an erroneous cross-reference to Schedule B1 to the Insolvency Act 1986 in regulation 6(5A) of the Financial Markets and Insolvency Regulations 1996 (S.I. 1996/1469). These provisions are clarifications of amendments to those enactments made by Schedule 17, paragraph 37(4) of the Enterprise Act 2002 and paragraph 62(e) of Schedule 1 to the Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096).
The costs to business of the commencement of the provisions of the Enterprise Act 2002 are determined in the Regulatory Impact Assessment prepared for that Act. Copies of the assessment are available from www.dti.gov.uk/enterpriseact/rias.htm.

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Source: https://www.legislation.gov.uk/uksi/2004/2312 (the official version)
Page: https://openlegislation.uk/enterprise-act-2002-insolvency-order-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.