The Scotland Act 1998 (Insolvency Functions) Order 2018

Reserved functions shared by a Minister of the Crown and the Scottish Ministers

2.—(1) Subject to paragraph (2), the functions described in paragraph (3) are exercisable by the Scottish Ministers concurrently with a Minister of the Crown, so far as they are exercisable by the Minister of the Crown in or as regards Scotland.

(2) The Scottish Ministers may exercise a function under paragraph (1) only with the agreement of a Minister of the Crown.

(3) The functions are those conferred by—

(a)section 411(1)(b) and (2) of the 1986 Act(1) (company insolvency rules) for the purpose of making rules which give effect to any provision about winding up in the Parts of the 1986 Act described in paragraph (4) or the EU Regulation;

(b)section 411(1)(b) and (2) of the 1986 Act as applied by section 23, paragraph 69(1)(a) of Schedule 10 to the 1992 Act(2) (insolvency rules and fees) for the purpose of making rules, in relation to incorporated friendly societies, which give effect to any provision about winding up in the Parts of the 1986 Act described in paragraph (5);

(c)sections 14(2)(a), 16 and 17(1), (2) and (3) of the 2000 Act (insolvency and winding up) for the purpose of making provision by regulations about the winding up of—

(i)limited liability partnerships; and

(ii)oversea limited liability partnerships,

by applying or incorporating, with such modifications as appear appropriate, rules made under section 411(1)(b) and (2) of the 1986 Act which give effect to any provision about winding up in the Parts of the 1986 Act described in paragraph (5)(3) or the EU Regulation.

(4) The Parts of the 1986 Act are—

(a)Part 4 (winding up of companies registered under the Companies Acts);

(b)Part 5 (winding up of unregistered companies);

(c)Part 6 (miscellaneous provisions applying to companies which are insolvent or in liquidation); and

(d)Part 7 (interpretation for First Group of Parts), so far as it relates to Parts 4, 5 or 6.

(5) The Parts of the 1986 Act are—

(a)Part 4 (winding up of companies registered under the Companies Acts);

(b)Part 6 (miscellaneous provisions applying to companies which are insolvent or in liquidation); and

(c)Part 7 (interpretation for First Group of Parts), so far as it relates to Part 4 or Part 6.