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The Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016

S.I. 2016/1016 · Made 19 October 2016

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.

Deregulation

Insolvency, England And Wales

Individuals

Made 19th October 2016

The Secretary of State, in exercise of the powers conferred by sections 115(7) and (9) of the Deregulation Act 2015f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

2015 c.20.

Contents

  1. 1Citation
  2. 2Provisions coming into force on 6th April 2017
  3. 3Savings provision
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016.

2Provisions coming into force on 6th April 2017

The day appointed for the coming into force of the following provisions of the Deregulation Act 2015 in England and Wales is 6th April 2017—

(a)

section 19 so far as it relates to the paragraphs of Schedule 6 referred to in sub-paragraph (b); and

(b)

paragraphs 13(1), 14 and 15 of Schedule 6f1.

3Savings provision

The Insolvency Act 1986f1 continues to apply without the amendments made by paragraph 15 of Schedule 6 to the Deregulation Act 2015 where a bankruptcy order is made before the 6th April 2017 and the bankrupt is required to submit a statement of affairs.

Signature

Margot James

Minister for Small Business, Consumers, and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

19th October 2016

Explanatory note

(This note is not part of the Order)

This Order brings into force specified provisions of the Deregulation Act 2015 (“the Act”). This is the sixth commencement order made under the Act. Some provisions came into force on the passing of the Act and some two months after that date. The provisions commenced by this Order relate to the bankruptcy provisions of the Insolvency Act 1986 (c. 45) which only extend to England and Wales.

Article 2 commences section 19 and paragraphs 13(1) and 14 of Schedule 6 of the Act (which amend the Insolvency Act). Paragraph 13(1) amends section 286 of the Insolvency Act to enable the appointment of an insolvency practitioner as an interim receiver after the presentation of a creditor’s bankruptcy petition (currently only the official receiver can be appointed). Paragraph 14 makes a consequential amendment.

Article 2 also commences paragraph 15 of Schedule 6 of the Act which replaces the requirement in a bankruptcy based on a creditor’s petition to submit a statement of affairs to the official receiver with a power for the official receiver to require a statement of affairs.

Article 3 makes savings provision for bankruptcies where the order is made before the day appointed for commencement of the provisions listed in Article 2 and a bankrupt is required to submit a statement of affairs.