Modifications etc. (not altering text)
C1Pt. XV (ss. 411-422) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7
C2Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))
C3Pts. 12-19 applied (with modifications) (6.4.2014) by The Industrial and Provident Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I. 2014/229), arts. 1, 4(c), Sch. 3
(1)The Lord Chancellor may, with the concurrence of the Secretary of State [F1and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice], make rules for the purpose of giving effect to [F2Parts 7A to 11] of this Act [F3or the [F4EU Regulation]] .
(2)Without prejudice to the generality of subsection (1), or to any provision of those Parts by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—
(a)any such provision as is specified in Schedule 9 to this Act or corresponds to provision contained immediately before the appointed day in rules made under section 132 of the M1Bankruptcy Act 1914; and
(b)such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.
[F5(2A)For the purposes of subsection (2), a reference in Schedule 9 to this Act to doing anything under or for the purposes of a provision of this Act includes a reference to doing anything under or for the purposes of the [F6EU Regulation] (in so far as the provision of this Act relates to a matter to which the [F6EU Regulation] applies).
(2B)Rules under this section for the purpose of giving effect to the [F7EU Regulation] may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.]
(3)Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
(5)Nothing in this section prejudices any power to make rules of court.
[F8(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
Textual Amendments
F1Words in s. 412(1) inserted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 189(2); S.I. 2006/1014, art. 2(a), Sch. 1
F2Words in s. 412(1) substituted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(3), 148(5), Sch. 20 para. 8; S.I. 2009/382, art. 2
F3Words in s. 412(1) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(3)
F4Words in s. 412(1) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 25 (with regs. 3, 4)
F5S. 412(2A)(2B) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(4)
F6Words in s. 412(2A) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 25 (with regs. 3, 4)
F7Words in s. 412(2B) substituted (26.6.2017) by The Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702), reg. 1, Sch. para. 25 (with regs. 3, 4)
F8S. 412(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 189(3); S.I. 2006/1014, art. 2(a), Sch. 1
Modifications etc. (not altering text)
C4S. 412 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
C5S. 412 extended by Financial Services Act 1986 (c. 60, SIF 69), s. 54(6)
S. 412 extended by Banking Act 1987 (c. 22, SIF 10), s. 62(8)(a)
Ss. 411, 412 extended (E.W.) (25.2.2001) by 2000 c. 8, s. 215(8)(a); S.I. 2001/516, art. 2, Sch. Pt. 1
Marginal Citations