Regulations

14 Insolvency and winding up.

C6C51

Regulations shall make provision about the insolvency and winding up of limited liability partnerships by applying or incorporating, with such modifications as appear appropriate F1—

a

in relation to a limited liability partnership registered in Great Britain, F7Parts A1 to 4, 6 and 7 of the Insolvency Act 1986;

b

in relation to a limited liability partnership registered in Northern Ireland, F8Parts 1A to 5 and 7 of the Insolvency (Northern Ireland) Order 1989, and so much of Part 1 of that Order as applies for the purposes of those Parts.

2

Regulations may make other provision about the insolvency and winding up of limited liability partnerships, and provision about the insolvency and winding up of oversea limited liability partnerships, by—

C3C1a

applying or incorporating, with such modifications as appear appropriate, any law relating to the insolvency or winding up of companies or other corporations which would not otherwise have effect in relation to them, or

b

providing for any law relating to the insolvency or winding up of companies or other corporations which would otherwise have effect in relation to them not to apply to them or to apply to them with such modifications as appear appropriate.

3

In this Act “oversea limited liability partnership” means a body incorporated or otherwise established outside F2the United Kingdom and having such connection with F2the United Kingdom, and such other features, as regulations may prescribe.

15 Application of company law etc.

Regulations may make provision about limited liability partnerships and oversea limited liability partnerships (not being provision about insolvency or winding up) by—

a

applying or incorporating, with such modifications as appear appropriate, any law relating to companies or other corporations which would not otherwise have effect in relation to them,

b

providing for any law relating to companies or other corporations which would otherwise have effect in relation to them not to apply to them or to apply to them with such modifications as appear appropriate, or

c

applying or incorporating, with such modifications as appear appropriate, any law relating to partnerships.

C3C116 Consequential amendments.

C41

Regulations may make in any enactment such amendments or repeals as appear appropriate in consequence of this Act or regulations made under it.

2

The regulations may, in particular, make amendments and repeals affecting companies or other corporations or partnerships.

17 General.

C3C2C11

In this Act “regulations” means regulations made by the Secretary of State by statutory instrument.

C3C12

Regulations under this Act may in particular—

a

make provision for dealing with non-compliance with any of the regulations (including the creation of criminal offences),

b

impose fees (which shall be paid into the Consolidated Fund), and

c

provide for the exercise of functions by persons prescribed by the regulations.

C3C13

Regulations under this Act may—

a

contain any appropriate consequential, incidental, supplementary or transitional provisions or savings, and

b

make different provision for different purposes.

C24

No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether or not together with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

5

Subsection (4) applies to—

a

regulations under section 14(2) not consisting entirely of the application or incorporation (with or without modifications) of provisions contained in or made under the M1Insolvency Act 1986 F3or the Insolvency (Northern Ireland) Order 1989,

F4b

regulations under section 15 not consisting entirely of the application or incorporation (with or without modifications) of provisions contained in or made under the following provisions of the Companies Act 2006 (c. 46)—

  • Part 4 (a company’s capacity and related matters);

  • Part 5 (a company’s name);

  • Part 6 (a company’s registered office);

  • Chapters 1 and 8 of Part 10 (register of directors);

  • Part 15 (accounts and reports);

  • Part 16 (audit);

  • Part 19 (debentures);

  • Part 21 (certification and transfer of securities);

  • Part 24 (a company’s annual return);

  • Part 25 (company charges);

  • Part 26 (arrangements and reconstructions F5: general);

  • F6Part 26A (arrangements and reconstructions: companies in financial difficulty);

  • Part 29 (fraudulent trading);

  • Part 30 (protection of members against unfair prejudice);

  • Part 31 (dissolution and restoration to the register);

  • Part 35 (the registrar of companies);

  • Part 36 (offences under the Companies Acts);

  • Part 37 (supplementary provisions);

  • Part 38 (interpretation).

c

regulations under section 14 or 15 making provision about oversea limited liability partnerships, and

d

regulations under section 16.

C26

A statutory instrument containing regulations under this Act shall (unless a draft of it has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament.