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The Public Services Reform (Insolvency) (Scotland) Order 2016

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Services Reform (Insolvency) (Scotland) Order 2016 No. 141

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Public Services Reform (Insolvency) (Scotland) Order 2016.

(2) Subject to paragraphs (3) and (4), this Order comes into force on 1st April 2016.

(3) Articles 4 to 13 come into force on 1st April 2016 insofar as they enable the making of—

(a)rules under section 411 of the Act; or

(b)any other subordinate legislation under the Act.

(4) Insofar as not already in force, articles 4 to 13 come into force on the day appointed for the coming into force, for all remaining purposes, of section 122(2) of the 2015 Act in Scotland(1).

(5) In this Order—

(a)“the Act” means the Insolvency Act 1986(2); and

(b)“the 2015 Act” means the Small Business, Enterprise and Employment Act 2015(3).

(1)

Sections 122 to 126 (position of creditors) and schedule 9 (abolition of requirements to hold meetings; opted out creditors) of the 2015 Act came into force on 26th May 2015 for purposes in respect of enabling regulations, rules or orders or preparing and issuing guidance (see S.I. 2015/1329).

(3)

2015 c.26 (“the 2015 Act”).

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