The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Insolvency and Company Directors Disqualification) Regulations 2015

• Citation: S.I. 2015/1651
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Insolvency and Company Directors Disqualification) Regulations 2015.

(2) Subject to paragraph (3) these Regulations come into force on 1st October 2015.

(3) Regulation 6 comes into force immediately after the coming into force of the Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015 .

Section 2 Consequential amendments to secondary legislation

(1) The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 are amended as follows.

(2) For rule 1(3)(c)(ii) substitute: “by the Secretary of State under section 5A (disqualification for certain convictions abroad), 8 (disqualification of director on finding of unfitness), 8ZB (Application for order under section 8ZA) or 8ZD (order disqualifying person instructing unfit director: other cases) of that Act;”.

(3) In rule 1(3)(e)(ii)—

(a) after “section” insert “5A,”;

(b) after “8,” insert “8ZA, 8ZC, 8ZD, 8ZE,”.

(4) In rule 4(b)(i) after “7” insert “or 8ZB”.

(5) In rule 4(b)(ii)—

(a) after “section” insert “5A,”;

(b) after “8” insert “, 8ZD,”.

Section 3 Consequential amendments to secondary legislation

(1) The Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003 are amended as follows.

(2) For Rule 1(3)(b) substitute: “by the Department under Article 8A (disqualification for certain convictions abroad), Article 11 (disqualification of director on finding of unfitness), Article 11B (application for order under Article 11A) or Article 11D (order disqualifying persons instructing unfit director: other cases) of that Order, or”.

(3) In Rule 4(b)(i) after “10” insert “or 11B”.

(4) In Rule 4(b)(ii) for “11” substitute “8A, 11, 11D”.

Section 4 Consequential amendments to secondary legislation

(1) The Companies (Disqualification Orders) Regulations 2009 (“the 2009 Regulations”) are amended as follows.

(2) In Regulation 2(1)—

(a) for the definition of “disqualification order” substitute: ““ disqualification order ” means an order of the court under any of sections 2 to 5, 5A, 6, 8, 8ZA, 8ZD, 9A and 10 of the Act;”; and

(b) for the definition of “disqualification undertaking”, substitute ““ disqualification undertaking ” means an undertaking accepted by the Secretary of State under section 5A, 7, 8, 8ZC, 8ZE or 9B of the Act;”.

(3) For form DQ01 in Schedule 1 to the 2009 Regulations substitute form DQ01 as set out in Part 1 of Schedule 1 to these Regulations.

(4) For form DQ02 in Schedule 2 to the 2009 Regulations substitute form DQ02 as set out in Part 2 of Schedule 1 to these Regulations.

Section 5 Consequential amendments to secondary legislation

(1) The Companies (Disqualification Orders) Regulations (Northern Ireland) 2010 (“the 2010 Regulations”) are amended as follows.

(2) In article 2—

(a) for the definition of “disqualification order” substitute “ disqualification order ” means an order of the court under any of Articles 5 to 8, 8A, 9, 11, 11A, 11D, 13A and 14 of the Order;”; and

(b) for the definition of “disqualification undertaking” substitute “ disqualification undertaking ” means an undertaking accepted by the Department under Article 8A, 10, 11, 11C, 11E or 13B of the Order”.

(3) For form DQ01n in Schedule 1 to the 2010 Regulations substitute form DQ01n as set out in Part 1 of Schedule 2 to these Regulations.

(4) For form DQ02n in Schedule 2 to the 2010 Regulations substitute form DQ02n as set out in Part 2 of Schedule 2 to these Regulations.

Section 6 Consequential amendments to secondary legislation

In the Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 , in Schedule 2 (co-ownership schemes: application of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989), in Part 3 (table of applied provisions of the Insolvency Act 1986) after the entry for section 390 insert—