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The Small Business, Enterprise and Employment Act 2015 (Commencement No. 6 and Transitional and Savings Provisions) Regulations 2016

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Transitional and saving provision

5.—(1) This regulation applies where on or after 6th April 2017—

(a)a creditors’ or contributories’ meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the Insolvency Rules 1986(1) or the 1986 Act;

(b)a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c)a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 to the 1986 Act and a request made before that date which obliges the administrator to summon an initial creditors’ meeting;

(d)a progress meeting is required by section 104A of the 1986 Act(2) in the winding up of a company where the resolution to wind up was passed before 6th April 2010; or

(e)a meeting is to be held under section 94, 106, 146 or 331 of the 1986 Act as a result of—

(i)a final report to creditors sent under rule 4.49D of the Insolvency Rules 1986 (final report to creditors in liquidation),

(ii)a final report to creditors and bankrupt sent under rule 6.78B of the Insolvency Rules 1986 (final report to creditors and bankrupt), or

(iii)a meeting being called under section 94 of the 1986 Act (final meeting prior to dissolution).

(2) Where such a meeting is to be held, the 1986 Act applies without the amendments made by—

(a)section 122 of the 2015 Act;

(b)section 123 of the 2015 Act; and

(c)section 126 and Schedule 9 to the 2015 Act, insofar as those amendments relate to the abolition of requirements to hold meetings.

(2)

1986 c.45. Article 12 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 S.I. 2010/18 saves section 104A of the Act in relation to companies where the resolution to wind up was passed before 6th April 2010.

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