Statutory Instruments
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 2015(1), makes the following Order.
1. This Order may be cited as the Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016.
2. 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 6(2).
3. The Insolvency Act 1986(3) 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.
Margot James
Minister for Small Business, Consumers, and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
19th October 2016
(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.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by earlier commencement orders.
| Provision of the Act | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (so far as not already in force) | 1st October 2015 | 2015/1732 |
| Section 2 | 1st October 2015 | 2015/994 |
| Section 3 (so far as not already in force) | 26th May 2015 | 2015/994 |
| Section 4 | 26th May 2015 | 2015/994 |
| Section 5 | 26th May 2015 | 2015/994 |
| Section 6 | 1st October 2015 | 2015/994 |
| Section 7 | 1st October 2015 | 2015/994 |
| Section 8(1), (3) and (4) (so far as not already in force) | 8th June 2015 | 2015/994 |
| Section 9 | 30th June 2015 | 2015/994 |
| Section 10 | 1st October 2015 | 2015/994 |
| Section 11 | 1st October 2015 | 2015/994 |
| Section 12 | 1st October 2015 | 2015/994 |
| Section 14 | 26th May 2015 | 2015/994 |
| Section 15 | 1st October 2015 | 2015/1732 |
| Section 17 | 1st October 2015 | 2015/1732 |
| Section 18 | 1st October 2015 | 2015/1732 |
| Section 19 (partially) | 1st October 2015 | 2015/1732 |
| Section 33 | 1st October 2015 | 2015/994 |
| Section 34 | 1st October 2015 | 2015/994 |
| Section 35 | 1st October 2015 | 2015/994 |
| Section 36 | 1st October 2015 | 2015/994 |
| Section 37 | 1st July 2015 | 2015/994 |
| Section 38 (partially) | 1st July 2015 | 2015/994 |
| Section 38 (so far as not already in force) | 1st October 2015 | 2015/994 |
| Section 39 (partially) | 1st July 2015 | 2015/994 |
| Section 39 (so far as not already in force) | 1st October 2015 | 2015/994 |
| Section 40 | 1st October 2015 | 2015/994 |
| Section 41 | 1st October 2015 | 2015/994 |
| Section 44 | 26th May 2015 | 2015/994 |
| Section 45 | 26th May 2015 | 2015/994 |
| Section 48 | 1st April 2015 | 2015/994 |
| Section 49 (so far as not already in force) | 1st October 2015 | 2015/994 |
| Section 51(b) (so far as not already in force) | 30th June 2015 | 2015/994 |
| Section 51(f) (so far as not already in force | 8th June 2015 | 2015/994 |
| Section 51(g) | 1st October 2015 | 2015/994 |
| Section 52(a) | 10th April 2015 | 2015/994 |
| Section 53 (so far as not already in force) | 1st April 2015 | 2015/994 |
| Section 58 (so far as not already in force) | 15th June 2015 | 2015/994 |
| Section 59 (partially) | 1st October 2015 | 2015/1732 |
| Section 59(c) | 26th May 2015 | 2015/994 |
| Section 62 (so far as not already in force) | 6th April 2015 | 2015/994 |
| Section 63 (so far as not already in force) | 6th April 2015 | 2015/994 |
| Section 66(1) to (4) | 1st October 2015 | 2015/1732 |
| Section 66(5) (partially) | 1st January 2016 | 2015/1732 |
| Section 66(5) (remainder) | 1st January 2016 | 2015/2074 |
| Section 68 | 26th May 2015 | 2015/994 |
| Section 69 | 1st April 2015 | 2015/994 |
| Section 70 | 26th May 2015 | 2015/994 |
| Section 71 | 1st October 2015 | 2015/1732 |
| Section 72 | 26th May 2015 | 2015/994 |
| Section 76 | 6th April 2015 | 2015/994 |
| Section 77 | 26th May 2015 | 2015/994 |
| Section 78 | 26th May 2015 | 2015/994 |
| Section 80 | 26th May 2015 | 2015/994 |
| Section 81 | 26th May 2015 | 2015/994 |
| Section 82 | 26th May 2015 | 2015/994 |
| Section 86 | 29th June 2015 | 2015/21402 |
| Section 87 | 29th June 2015 | 2015/21402 |
| Section 88 | 29th June 2015 | 2015/21402 |
| Section 89 | 29th June 2015 | 2015/21402 |
| Section 90 (partially, so far as not already in force) | 20th April 2015 | 2015/994 |
| Section 90 (so far as not already in force) | 26th May 2015 | 2015/994 |
| Section 91 | 2nd March 2016 | 2016/206 |
| Section 93 | 26th May 2015 | 2015/994 |
| Section 94 | 1st January 2016 | 2015/1732 |
| Section 95 | 1st January 2016 | 2015/1732 |
| Section 96 | 26th May 2015 | 2015/994 |
| Schedule 1, Part 1 (so far as not already in force) | 26th May 2015 | 2015/994 |
| Schedule 1, Part 2 | 26th May 2015 | 2015/994 |
| Schedule 2, Part 2 (so far as not already in force) | 8th June 2015 | 2015/994 |
| Schedule 2, Part 3, paragraphs 30, 32 and 33 | 8th June 2015 | 2015/994 |
| Schedule 3 | 30th June 2015 | 2015/994 |
| Schedule 5 | 1st October 2015 | 2015/1732 |
| Schedule 6, Part 1 | 1st October 2015 | 2015/1732 |
| Schedule 6, Part 2, paragraphs 4, 6, and 7 | 1st October 2015 | 2015/1732 |
| Schedule 6. Part 3 | 1st October 2015 | 2015/1732 |
| Schedule 6, Part 4 | 1st October 2015 | 2015/1732 |
| Schedule 6, Part 5, paragraphs 12 (partially) and 16 | 1st October 2015 | 2015/1732 |
| Schedule 6, Part 6 | 1st October 2015 | 2015/1732 |
| Schedule 8 (so far as not already in force) | 1st October 2015 | 2015/994 |
| Schedule 10, Part 2 (so far as not already in force) | 30th June 2015 | 2015/994 |
| Schedule 10, Part 6 (so far as not already in force) | 8th June 2015 | 2015/994 |
| Schedule 10, Part 7 | 1st October 2015 | 2015/994 |
| Schedule 11, Part 1 | 10th April 2015 | 2015/994 |
| Schedule 12 (so far as not already in force) | 15th June 2015 | 2015/994 |
| Schedule 13, Part 3 | 26th May 2015 | 2015/994 |
| Schedule 13, Part 5 | 1st October 2015 | 2015/1732 |
| Schedule 16, paragraph 2 | 1st January 2016 | 2015/2074 |
| Schedule 16, paragraphs 4 and 5 | 1st January 2016 | 2015/1732 |
| Schedule 18 | 1st April 2015 | 2015/994 |
| Schedule 19 | 29th June 2015 | 2015/21402 |
| Schedule 20 | 29th June 2015 | 2015/21402 |
| Schedule 21 (partially, so far as not already in force) | 20th April 2015 | 2015/994 |
| Schedule 21 (so far as not already in force) | 26th May 2015 | 2015/994 |
Paragraph 13(2) contains an amendment which is conditional on the repeal of section 286(2) of the Insolvency Act 1986 (c.45) not having been commenced before paragraph 13(1) is commenced. Section 286(2) was repealed by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013. As the repeal was commenced on 6th April 2016 (S.I. 2016/191) paragraph 13(2) is now defunct.