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The Limited Liability Partnerships (Scotland) Amendment Regulations 2009

S.S.I. 2009/310 · Made 7 September 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Partnerships

Made 7th September 2009

Laid before the Scottish Parliament 8th September 2009

Coming into force 1st October 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 14(1) and 17(2) and (3) of the Limited Liability Partnerships Act 2000f1 and all other powers enabling them to do so:

Annotations to the whole text

Footnotes

f1

2000 c.12 (“the 2000 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 19(3) of the 2000 Act which deemed the 2000 Act to be a pre-commencement enactment within the meaning of the Scotland Act 1998.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Amendment of Schedule 2 to the principal regulations
  4. 4Amendment of Schedule 3 to the principal regulations
  5. Signature
  6. Schedule 1: AMENDMENTS TO SCHEDULE 2 TO THE PRINCIPAL REGULATIONS
  7. 1Paragraph 1
  8. Schedule 2: AMENDMENTS TO SCHEDULE 3 TO THE PRINCIPAL REGULATIONS
  9. 1Paragraph 1
  10. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Limited Liability Partnerships (Scotland) Amendment Regulations 2009 and shall come into force on 1st October 2009.

(2)

These Regulations extend to Scotland only.

2Interpretation

In these Regulations–

  • “the 1986 Act” means the Insolvency Act 1986f1, and

  • “the principal regulations” means the Limited Liability Partnerships (Scotland) Regulations 2001f2.

3Amendment of Schedule 2 to the principal regulations

Schedule 2 to the principal regulations (provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 1 to these Regulations.

4Amendment of Schedule 3 to the principal regulations

Schedule 3 to the principal regulations (modifications to provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 2 to these Regulations.

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th September 2009

1

Schedule 2 to the principal regulations is amended as follows:

(a)

in the entry relating to section 234f1, for “order applies” substitute “has been entered into”;

(b)

in the entry relating to section 235f2, for “order applies” substitute “has been entered into”;

(c)

in the entry relating to sections 236 to 237f3, for “administration orders” substitute “administrations entered into”;

(d)

in the entry relating to section 244f4, for “is subject to an administration order” substitute “has entered into administration”.

1

Schedule 3 to the principal regulations is amended as follows:

(a)

in the entry relating to section 84 (circumstances in which company may be wound up voluntarily)f1, in the entry relating to subsection (4), for “(4)” wherever it appears substitute “(3A”);.

(b)

omit the entry relating to section 233 (supplies of gas, water, electricity, etc.)f2.

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Schedules 2 and 3 to the Limited Liability Partnerships (Scotland) Regulations 2001 (S.S.I. 2001/128) (“the principal regulations”) which apply certain provisions of the Insolvency Act 1986 (c.45) (“the 1986 Act”) to limited liability partnerships.

Regulation 3 amends the provisions of the 1986 Act listed in Schedule 2 to the principal regulations in consequence of amendments to the 1986 Act by the Enterprise Act 2002 (c.40).

Regulation 4 amends the modifications to the 1986 Act set out in Schedule 3 to the principal regulations in consequence of amendments to section 84 of the 1986 Act (applying in England and Wales) by the Commonhold and Leasehold Reform Act 2002 (c.15) and amendments to section 233 of the 1986 Act by the Insolvency Act 2000 (c.39).