The Insolvency Act 1986 (Disqualification from Parliament) Order 2012

• Citation: S.I. 2012/1544
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Insolvency Act 1986 (Disqualification from Parliament) Order 2012 and shall come into force on the day after the day on which it is made.

Section 2 Amendments to the Insolvency Act 1986

The Insolvency Act 1986 has effect subject to the following amendments (which provide for sections 426A and 426B of that Act to have effect in relation to bankruptcy restrictions orders made and undertakings accepted in Northern Ireland and make provision consequential on that effect).

Section 3 Amendments to the Insolvency Act 1986

In section 426A (disqualification from Parliament (England and Wales)) —

(a) in the heading for “(England and Wales)” substitute “(England and Wales and Northern Ireland)”;

(b) after subsection (6) insert—

(7) If the Department of Enterprise, Trade and Investment for Northern Ireland accepts a bankruptcy restrictions undertaking made by a member of the House of Commons or the House of Lords under Schedule 2A to the Insolvency (Northern Ireland) Order 1989, the Department shall notify the Speaker of that House.

(8) In this section a reference to a bankruptcy restrictions order or an interim order includes a reference to a bankruptcy restrictions order or an interim order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989.

Section 4 Amendments to the Insolvency Act 1986

In section 426B (devolution) —

(a) in subsection (1) after “If a court” insert “in England and Wales”;

(b) after subsection (1) insert—

(1A) If the High Court in Northern Ireland makes a bankruptcy restrictions order or interim order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 in respect of a member of the Scottish Parliament or the National Assembly for Wales, the Court shall notify the presiding officer of that body.

(c) at the end insert—

(3) If the Department of Enterprise, Trade and Investment for Northern Ireland accepts a bankruptcy restrictions undertaking made by a member of the Scottish Parliament or the National Assembly for Wales under Schedule 2A to the Insolvency (Northern Ireland) Order 1989, the Department shall notify the presiding officer of that body.

Section 5 Amendments to the Insolvency Act 1986

In section 427 (disqualification from Parliament (Scotland and Northern Ireland))—

(a) in the heading omit “and Northern Ireland”;

(b) in subsection (1) omit “a court in Northern Ireland adjudges an individual bankrupt or”;

(c) in subsection (2)—

(i) in paragraph (a) for “the adjudication is annulled or the award recalled” substitute “the award is recalled”;

(ii) in paragraph (b) omit “annulment,”;

(d) in subsection (4) omit “adjudication or”;

(e) in subsection (5) omit “adjudication or” in both places it occurs;

(f) in subsection (6)—

(i) omit “adjudication or” in each place it occurs;

(ii) in each of paragraphs (a) and (b), omit “annulled,”;

(g) in subsection (6C) for the words preceding paragraph (a) substitute—

(6C) Subsections (4) to (6) have effect in relation to a member of the Northern Ireland Assembly but as if—

Section 6 Amendments to the Insolvency Act 1986

In section 441(1)(a) (extent (Northern Ireland)), after “426, ” insert “426A, 426B,”.