The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

• Citation: S.I. 2012/2404
• Sections: 128

Section 1 Citation, commencement and interpretation

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 and comes into force on 1st October 2012.

Section 2 Citation, commencement and interpretation

In this Order—

(a) a “debt relief order” means a debt relief order under Part 7A of the Insolvency Act 1986 ; and

(b) a “debt relief restrictions order”, a “debt relief restrictions undertaking”, an “interim debt relief restrictions order” and an “interim debt relief restrictions undertaking” are those made or given under section 251V of and Schedule 4ZB to the Insolvency Act 1986 .

Section 3 Consequential amendments to or in connection with disqualification provisions

(1) Schedule 1, which amends the Company Directors Disqualification Act 1986 , has effect.

(2) Schedule 2, which amends other Acts of Parliament, has effect.

(3) Schedule 3, which amends instruments made under Acts of Parliament, has effect.

Section 4 Extent

(1) The amendment in Schedule 1 extends to England and Wales only.

(2) An amendment in Schedule 2 or 3 extends to any part of the United Kingdom to which the amended enactment extends.

Section 5 Transitional provisions

The amendments made by Schedule 2 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 6 and as provided in article 9.

Section 6 Transitional provisions

The amendments made by paragraphs 5, 9, 15, 26, 42, 48, 49, 50(2)(b), 50(3)(b), 51, 53(3)(b), 53(3)(e), 53(4), 54(3), 58(3), 60 and 62(3) of Schedule 2 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.

Section 7 Transitional provisions

The amendments made by Schedule 3 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 8 and as provided in article 9.

Section 8 Transitional provisions

The amendments made by paragraphs 4(4), 6, 8, 10, 12, 13, 14, 15, 17, 18, 24, 25, 31(2)(b), 31(3)(b), 32(2)(b), 32(3)(b), 33(2)(b), 33(3)(b), 37(2)(b), 38, 39(b), 41, 42, 43, 44, 45(2)(b), 47(2)(b), 47(3)(b), 48(2)(b), 48(3)(b), 50(2)(b), 50(3)(b), 51(2)(b), 51(3)(b), 52(2)(b), 52(3)(b), 54, 55 and 56 of Schedule 3 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.

Section 9 Transitional provisions

In relation to paragraph 34(3)(b) of Schedule 2 and paragraphs 1, 7(b) and 40 of Schedule 3—

(a) where the amendment applies in respect of a debt relief order, it applies only in relation to a debt relief order the application for which is made after the coming into force of this Order;

(b) where the amendment applies in respect of a debt relief restrictions order or interim debt relief restrictions order or a debt relief restrictions undertaking or interim debt relief restrictions undertaking, it applies only where the relevant order is made after the coming into force of this order or where the debtor gives the relevant undertaking after the coming into force of this order.

Section 1

In section 11 of the Company Directors Disqualification Act 1986, for subsection (2) substitute—

(2) For this purpose, the court is—

(a) in the case of a person adjudged bankrupt or, in Scotland, whose estate was sequestrated, the court by which the person was adjudged bankrupt or sequestration of the person’s estate was awarded,

(b) in the case of a person in respect of whom a court made a debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), the court by which the order was made, and

(c) in the case of any other person, the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).

Section 1 Public Trustee Act 1906

In section 13(4) of the Public Trustee Act 1906 (investigation and audit of trust accounts), after “or dies,” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Section 2 Agriculture Act 1947

In paragraph 13(4) of Schedule 9 to the Agriculture Act 1947 (chairman of Agricultural Land Tribunal), after “creditors” insert “, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the chairman”.

Section 3 Agriculture Act 1967

In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 1967 (constitution and procedure of boards), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has”.

Section 4 Development of Tourism Act 1969

(1) Schedule 1 to the Development of Tourism Act 1969 (incorporation and status of Tourist Boards) is amended as follows.

(2) After paragraph 5(1)(b) insert —

(ba) has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or

(3) After paragraph 5(2) insert —

(3) In this paragraph, references to a member of the Board do not, in so far as sub-paragraph (1)(ba) applies, include persons who are members of VisitScotland.

Section 5 Local Government Act 1972

In section 80(1)(b) of the Local Government Act 1972 (disqualifications for election etc ), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Section 6 Health and Safety at Work Act etc 1974

In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 1974 (the Health and Safety Executive – terms of appointment), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Section 7 Consumer Credit Act 1974

In section 37(1)(b) of the Consumer Credit Act 1974 (death, bankruptcy etc of licensee), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

Section 8 Solicitors Act 1974

(1) The Solicitors Act 1974 is amended as follows.

(2) In section 15(1) (suspension of practising certificate), after “bankruptcy of a solicitor” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor”.

(3) In section 16 (duration of suspension)—

(a) after subsection (2) insert—

(2A) The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—

(a) if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 5A.16 of the Insolvency Rules 1986 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;

(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.

(b) in subsection (3)(b) after “bankruptcy” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him”.

Section 9 Industry Act 1975

In paragraph 6(1)(c) of Schedule 3 to the Industry Act 1975 (establishment of a tribunal), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Section 10 Estate Agents Act 1979

(1) Section 23 of the Estate Agents Act 1979 (bankrupts) is amended as follows.

(2) After subsection (1), insert—

(1A) An individual in respect of whom a debt relief order (under Part 7A of the Insolvency Act 1986) is made shall not engage in estate agency work of any description except as an employee of another person

(3) After subsection (2), insert—

(2A) The prohibition imposed on an individual by subsection (1A) shall cease to have effect if and when—

(a) the debt relief order is revoked for reasons falling within section 251(L)(2)(a) or (c) of the Insolvency Act 1986;

(b) the individual is discharged from all the qualifying debts specified under the debt relief order at the end of the moratorium period applicable to the order; or

(c) the debt relief order is revoked and a period of one year has elapsed beginning with the effective date for the order.

(4) In subsection (3), for “The reference in subsection (1) above” substitute “The references in this section”.

(5) In subsection (4), for “of subsection (1) above” substitute “of this section”.

Section 11 National Heritage Act 1980

In Schedule 1 to the National Heritage Act 1980 (trustees of National Heritage Memorial Fund – tenure of office), after paragraph 3(4)(b) insert—

(ba) he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);

Section 12 Local Government, Planning and Land Act 1980

In paragraph 6(a) of Schedule 26 to the Local Government, Planning and Land Act 1980 (Urban Development Corporations – members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Section 13 Public Passenger Vehicles Act 1981

(1) The Public Passenger Vehicles Act 1981 is amended as follows.

(2) In section 19, after subsection (3)(a) insert—

(aa) the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or

(3) In section 57(2)(b) (death, bankruptcy etc of licence holder), after “bankrupt or” insert “has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or”.

Section 14 Fisheries Act 1981

In Schedule 1 to the Fisheries Act 1981 (the Sea Fish Industry Authority – members), after paragraph 5(b) insert—

(ba) a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

Section 15 Transport Act 1981

In paragraph 3(2)(a) of Schedule 2 to the Transport Act 1981 (Associated British Ports - resignation and vacation of office), for “or an interim order” substitute “, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.

Section 16 New Towns Act 1981

In paragraph 5(a) of Schedule 3 to the New Towns Act 1981 (development corporations – appointment and tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Section 17 Civil Aviation Act 1982

In paragraph 5(1)(b) of Schedule 1 to the Civil Aviation Act 1982 (Civil Aviation Authority – appointment and tenure of members), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986), or has”.

Section 18 National Heritage Act 1983

In paragraph 3(7)(b) of Schedule 3 to the National Heritage Act 1983 (the Historic Buildings and Monuments Commission for England – membership), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Section 19 Local Government Act 1985

In paragraph 2(3)(a) of Schedule 13 to the Local Government Act 1985 (residuary bodies – tenure of office of members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Section 20 Administration of Justice Act 1985

(1) The Administration of Justice Act 1985 is amended as follows.

(2) In section 16 (conditional licences)—

(a) in subsection (1)—

(i) after paragraph (f), insert—

(fa) while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

(ii) after paragraph (g), insert—

(ga) after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;

(b) in subsection (4)—

(i) after “(f)” insert “(fa)”;

(ii) after “(g)” insert “(ga)”.

(3) In section 18 (suspension or termination of licences)—

(a) in subsection (1)—

(i) after “licensed conveyancer” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer”; and

(ii) after “any such adjudication” insert “or any such order”;

(b) after subsection (2) insert—

(2ZA) The suspension of a licence by virtue of subsection (1) shall terminate—

(a) if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 5A.16 of the Insolvency Rules 1986 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or

(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order

Section 21 Housing Act 1985

In section 121(2) of the Housing Act 1985 (circumstances in which the right to buy cannot be exercised)—

(a) at the end of paragraph (c) omit “or”,

(b) after paragraph (d) insert—

or

(e) is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).

Section 22 Animals (Scientific Procedures) Act 1986

In section 19(7)(b) of the Animals (Scientific Procedures) Act 1986 (member of Animal Procedures Committee), after “bankrupt or”, insert “a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”.

Section 23 Insolvency Act 1986

In section 389A(3) of the Insolvency Act 1986 (authorisation of nominees and supervisors), after paragraph (a) insert—

(aa) a moratorium period under a debt relief order applies in relation to him (under Part 7A of this Act),

Section 24 Criminal Justice Act 1988

(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 172(3) (extent), after “section 133 to 133B” insert “, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only”.

(3) In Schedule 12 (assessors for compensation for miscarriages of justice), after paragraph 5(b) insert—

(ba) a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;

Section 25 Housing Act 1988

In paragraph 6(a) of Schedule 7 to the Housing Act 1988 (Housing Action Trusts – constitution), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Section 26 Human Fertilisation and Embryology Act 1990

In paragraph 4A(1)(a) of Schedule 1 to the Human Fertilisation and Embryology Act 1990 (disqualification for being appointed to Authority), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

Section 27 Environmental Protection Act 1990

In paragraph 6(a) of Schedule 6 to the Environmental Protection Act 1990 (the Countryside Council for Wales – constitution and membership), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

Section 28 Trade Union and Labour Relations (Consolidation) Act 1992

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 249(5)(b) (terms of appointment of members of the Council of the Advisory, Conciliation and Arbitration Service), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

(3) In section 261(5)(a) (terms of appointment of members of the Central Arbitration Committee), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Section 29 National Lottery etc Act 1993

(1) The National Lottery etc Act 1993 is amended as follows.

(2) In paragraph 3(5)(b) of Schedule 2A (National Lottery Commission – tenure of office), after “his creditors,” where it occurs for the first time, insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

(3) In paragraph 4(1)(a) of Schedule 4A (Big Lottery Fund – tenure of membership), after “against him,” insert “or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986),”.

Section 30 Coal Industry Act 1994

In paragraph 1(4)(b) of Schedule 1 to the Coal Industry Act 1994 (membership of the Coal Authority), after “sequestrated” insert “, that a debt relief order has been made in respect of him”.

Section 31 Trade Marks Act 1994

In section 77(3)(c)(i) of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.

Section 32 Goods Vehicles (Licensing of Operators) Act 1995

In section 26(1)(g) of the Goods Vehicles (Licensing of Operators) Act 1995 (revocation, suspension and curtailment of operators’ licences), after “bankrupt” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Section 33 Environment Act 1995

(1) The Environment Act 1995 is amended as follows.

(2) In paragraph 1(3)(b) of Schedule 1 (the Environment Agency – membership), after “bankrupt,” insert “that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him,”.

(3) In paragraph 7(b) of Schedule 6 (the Scottish Environment Protection Agency – membership), after “bankrupt,” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him,”.

Section 34 Pensions Act 1995

(1) The Pensions Act 1995 is amended as follows.

(2) In section 4 (suspension Orders)—

(a) in subsection (1)(c) after “concluded”, insert “or an application has been made by him for a debt relief order (under Part 7A of the Insolvency Act 1986) and the application has not been determined”;

(b) in subsection (2)(b) after “concluded” insert “or, in the case of an application for a debt relief order, the application is determined”.

(3) In section 29 (persons disqualified for being trustees) in subsection (1)—

(a) in paragraph (b), after “interim”, insert “bankruptcy restrictions”;

(b) after paragraph (b) insert—

(ba) a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),

Section 35 Employment Tribunals Act 1996

In section 25(4)(b) of the Employment Tribunals Act 1996 (tenure of appointed members), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.

Section 36 Housing Act 1996

In paragraph 4(2)(a) of Schedule 1 to the Housing Act 1996 (registered social landlord – power to remove director, trustee, member etc.), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he”.

Section 37 Public Processions (Northern Ireland) Act 1998

In paragraph 3(4)(b) of Schedule 1 to the Public Processions (Northern Ireland) Act 1998 , after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.

Section 38 Bank of England Act 1998

(1) The Bank of England Act 1998 is amended as follows.

(2) In paragraph 8(b) of Schedule 1 (Court of directors – removal from office), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.

(3) In paragraph 9(1)(b) of Schedule 3 (Monetary Policy Committee – removal of appointed members), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.

Section 39 Audit Commission Act 1998

In paragraph 4(4)(a) of Schedule 1 to the Audit Commission Act 1998 (the Audit Commission – tenure of office), after “creditors” insert “, or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.

Section 40 National Minimum Wage Act 1998

In paragraph 1(6)(a) of Schedule 1 to the National Minimum Wage Act 1998 (Low Pay Commission – membership), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.