The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015

Where, during the transitional period, the Secretary of State grants an application made, before 1st October 2015, by an individual for authorisation to act as an insolvency practitioner pursuant to section 393 of the 1986 Act, the individual to whom authorisation is granted must, as soon as reasonably practicable, pay to the Secretary of State a fee in connection with the maintenance of the authorisation.

The fee shall be calculated by multiplying £2400 by the number of days the authorisation has to run (starting with the date of authorisation and ending on 30th September 2016) and dividing the result by 365.

Subject to paragraph (2), the amendments made by article 4 of, and Schedule 1 to, this Order have no effect for the duration of the transitional period in relation to an individual who before the 1st October 2015—

The reference in paragraph (1) to Schedule 1 to this Order does not include paragraphs 3(2), 4(3), 5(3) and 5(5) of that Schedule.

Where during the transitional period section 393(3A) of the Insolvency 1986 Act applies to an authorisation to act as an insolvency practitioner by virtue of paragraph 23(2) of Schedule 6 to the Act, and the insolvency practitioner has not requested or consented to a withdrawal of the authorisation, the revocation of regulation 11 of the Insolvency Practitioners Regulations 2005^f1 by article 4 of, and paragraphs 5(1) and (5) of Schedule 1 to, this Order shall have no effect.

During the transitional period the Secretary of State may request that the holder of an authorisation granted by the Secretary of State to act as an insolvency practitioner provide any information relating to any matters of the kind referred to in paragraph (1) of regulation 11 of the Insolvency Practitioners Regulations 2005 and any such request must be complied with within one month of its receipt or within such longer period as the Secretary of State may allow.

The Solicitors Recognised Bodies Order 1991^f1 is amended as follows.

In Schedule 1, in respect of the Insolvency Act 1986 omit “and Schedule 7”.

The Limited Liability Partnership Regulations 2001^f1 are amended as follows.

In Schedule 3, omit the entry in respect of section 389 A.

Omit paragraph 9 of Part 2 of Schedule 6.

The Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003^f1 is amended as follows.

Omit article 3(1), (1A), (2), (3), (4) and (5).

Omit article 3(3A).

Omit article 4.

The Insolvency Practitioners Regulations 2005 are amended as follows.

In regulation 2(1) for the meaning of insolvency practitioner substitute ”a person who is authorised to act as an insolvency practitioner under section 390A of the Act”.

Omit regulation 4(2).

Omit regulations 5, 6, 7, 8, 8A and 9.

Omit regulation 11.

For regulation 12(3) substitute “Where, in accordance with sections 390(2) and 390A(2)(b) of the Act a person is qualified to act as an insolvency practitioner by virtue of an authorisation granted by the Department of Enterprise, Trade and Investment for Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989, this Part applies in relation to that person as if that authorisation had been granted pursuant to section 393 of the Act immediately before 1st October 2015.”.

Omit regulation 14.

In regulation 15(1) omit paragraph (b).

Omit regulation 16.

In paragraph 9(2) of Schedule 2 omit sub-paragraph (b).

In paragraph 10(1) of Schedule 2 omit sub-paragraph (b).

In paragraph 13(2) of Schedule 2 omit sub-paragraph (b).

The Insolvent Partnerships Order 1994^f1 is amended as follows.

In Part 1 of Schedule 1 in the modification of—

The Deeds of Arrangement Fees Order 1984^f1 is revoked.

In the High Court and County Courts Jurisdiction Order 1991^f2, omit article 2(6)(e).

In Schedule 1 to the Solicitors’ Recognised Bodies Order 1991—

In regulation 47(2)(e) of the Landfill Tax Regulations 1996^f4, omit “the Deeds of Arrangement Act 1914 or”.

In the High Court Enforcement Officers Regulations 2004^f5, in regulation 5(2)(e)(iii), omit “a deed of arrangement under the Deeds of Arrangement Act 1914 or”.

In regulation 5 of the Insolvency Practitioners Regulations 2005, in the definition of “insolvency legislation” omit the words “the Deeds of Arrangement Act 1914 and”.

In the Pension Protection Fund (Entry Rules) Regulations 2005^f6, omit regulation 6(2).

In the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008^f7, omit regulation 4(j).

In the Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008^f8, omit paragraph (j) of regulation 4.

In the Legal Services Act 2007 (Designation as a Licensing Authority) (No.2) Order 2011, in the table in Schedule 2, omit the entries for—

In the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011^f9, omit regulation 6B(2)(c).

In the Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 2014^f10, omit regulation 4(2)(c).