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The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015

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SCHEDULES

Article 4

SCHEDULE 1AMENDMENTS TO SECONDARY LEGISLATION IN CONSEQUENCE OF SECTION 17 OF, AND PART 6 OF SCHEDULE 6 TO THE ACT, SUBJECT TO SAVINGS

The Insolvency Practitioners Tribunal (Conduct of Investigations) Rules 1986

1.  The Insolvency Practitioners Tribunal (Conduct of Investigations) Rules 1986(1) are revoked.

The Solicitors Recognised Bodies Order 1991

2.—(1) The Solicitors Recognised Bodies Order 1991(2) is amended as follows.

(2) In Schedule 1, in respect of the Insolvency Act 1986 omit “and Schedule 7”.

The Limited Liability Partnership Regulations 2001

3.—(1) The Limited Liability Partnership Regulations 2001(3) are amended as follows.

(2) In Schedule 3, omit the entry in respect of section 389 A.

(3) Omit paragraph 9 of Part 2 of Schedule 6.

The Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003

4.—(1) The Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003(4) is amended as follows.

(2) Omit article 3(1), (1A), (2), (3), (4) and (5).

(3) Omit article 3(3A).

(4) Omit article 4.

The Insolvency Practitioners Regulations 2005

5.—(1) The Insolvency Practitioners Regulations 2005 are amended as follows.

(2) In regulation 2(1) for the meaning of insolvency practitioner substitute ”a person who is authorised to act as an insolvency practitioner under section 390A of the Act”.

(3) Omit regulation 4(2).

(4) Omit regulations 5, 6, 7, 8, 8A and 9.

(5) Omit regulation 11.

(6) For regulation 12(3) substitute “Where, in accordance with sections 390(2) and 390A(2)(b) of the Act a person is qualified to act as an insolvency practitioner by virtue of an authorisation granted by the Department of Enterprise, Trade and Investment for Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989, this Part applies in relation to that person as if that authorisation had been granted pursuant to section 393 of the Act immediately before 1st October 2015.”.

(7) Omit regulation 14.

(8) In regulation 15(1) omit paragraph (b).

(9) Omit regulation 16.

(10) In paragraph 9(2) of Schedule 2 omit sub-paragraph (b).

(11) In paragraph 10(1) of Schedule 2 omit sub-paragraph (b).

(12) In paragraph 13(2) of Schedule 2 omit sub-paragraph (b).

The Money Laundering Regulations 2007

6.  In regulation 23(1) of the Money Laundering Regulations 2007(5) omit sub-paragraph (g).

The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011

7.  In Schedule 2 of the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011(6) in respect of the entry for the Insolvency Act 1986 (c.45) omit “and Schedule 7”.

Article 5

SCHEDULE 2AMENDMENTS TO SECONDARY LEGISLATION IN CONSEQUENCE OF SECTION 17 OF AND PART 6 OF SCHEDULE 6 TO THE ACT

The Insolvent Partnerships Order 1994

1.—(1) The Insolvent Partnerships Order 1994(7) is amended as follows.

(2) In Part 1 of Schedule 1 in the modification of—

(a)section 1(2) of the 1986 Act, omit “ or authorised to act as nominee,”;

(b)section 2(5) of the 1986 Act omit “, or authorised to act as nominee,”;

(c)section 4(2) of the 1986 Act omit “, or authorised to act as nominee, ”; and

(d)section 7(5) of the 1986 Act omit “or authorised to act as supervisor,”.

The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013

2.  In Part 3 of Schedule 2 to the Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013(8), after the entry for section 389 insert—

Section 390 (persons not qualified to act as insolvency practitioners)This section is to be read as if for subsection (2) there were substituted—

(2) A person is not qualified to act at any time as an insolvency practitioner in relation to a relevant scheme unless that person would be qualified to act at that time as an insolvency practitioner in relation to a company..

Article 6

SCHEDULE 3OTHER AMENDMENTS TO SECONDARY LEGISLATION IN CONSEQUENCE OF SCHEDULE 6 TO THE ACT

Deeds of Arrangement

3.—(1) The Deeds of Arrangement Fees Order 1984(9) is revoked.

(2) In the High Court and County Courts Jurisdiction Order 1991(10), omit article 2(6)(e).

(3) In Schedule 1 to the Solicitors’ Recognised Bodies Order 1991—

(a)in the table headed “Statutes Which Apply to Recognised Bodies”, omit the entry for the Deeds of Arrangement Act 1914; and

(b)in the table headed “Statutory Instruments Which Apply to Recognised Bodies”, omit the entry for the Deeds of Arrangement Rules 1925(11).

(4) In regulation 47(2)(e) of the Landfill Tax Regulations 1996(12), omit “the Deeds of Arrangement Act 1914 or”.

(5) In the High Court Enforcement Officers Regulations 2004(13), in regulation 5(2)(e)(iii), omit “a deed of arrangement under the Deeds of Arrangement Act 1914 or”.

(6) In regulation 5 of the Insolvency Practitioners Regulations 2005, in the definition of “insolvency legislation” omit the words “the Deeds of Arrangement Act 1914 and”.

(7) In the Pension Protection Fund (Entry Rules) Regulations 2005(14), omit regulation 6(2).

(8) In the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008(15), omit regulation 4(j).

(9) In the Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008(16), omit paragraph (j) of regulation 4.

(10) In the Legal Services Act 2007 (Designation as a Licensing Authority) (No.2) Order 2011, in the table in Schedule 2, omit the entries for—

(a)“Deeds of Arrangement Act 1914 (c. 47)”; and

(b)“Deeds of Arrangement Rules 1925 (S.I. 1925/795)”.

(11) In the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011(17), omit regulation 6B(2)(c).

(12) In the Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 2014(18), omit regulation 4(2)(c).

Company Directors Disqualification

4.  In the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987(19), in rule 2(5) omit “made against a person who at the date of the application is acting as liquidator, administrator or administrative receiver”.

(2)

S.I. 1991/2684, amended by S.I. 2009/500; there are other amending instruments but none is relevant.

(3)

S.I. 2001/1090; relevant amending instruments are S.I. 2004/355, 2005/1989.

(4)

S.I. 2003/3363; relevant amending instruments are S.I. 2004/476, 2009/487 and 2009/3081.

(5)

S.I. 2007/2157, to which there are amendments not relevant to this Order.

(6)

S.I. 2011/2866, to which there are amendments not relevant to this Order.

(7)

S.I. 1994/2421, to which there are amendments not relevant to this Order.

(9)

S.I. 1984/887, to which there are amendments not relevant to this Order.

(10)

S.I. 1991/724, to which there are amendments not relevant to this Order.

(12)

S.I. 1996/1527, to which there are amendments not relevant to this Order.

(13)

S.I. 2004/400, to which there are amendments not relevant to this Order.

(14)

S.I. 2005/590, to which there are amendments not relevant to this Order.

(15)

S.I. 2008/386, to which there are amendments not relevant to this Order.

(16)

S.I. 2008/2499 (W. 217), to which there are amendments not relevant to this Order.

(17)

S.S.I. 2011/210, amended by regulation 2(c) of S.S.I. 2013/110; there are other amending instruments but none is relevant.

(19)

S.I. 1987/2023, amended by S.I. 2007/1906; there are other amending instruments but none is relevant.

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