The Deregulation Act 2015 (Commencement No.3 and Transitional and Saving Provisions) Order 2015

• Citation: S.I. 2015/1732
• Sections: 8

Section 1 Citation and interpretation

(1) This Order may be cited as the Deregulation Act 2015 (Commencement No.3 and Transitional and Saving Provisions) Order 2015.

(2) In this Order—

“ the Act ” means the Deregulation Act 2015;

“the 2006 Act ” means the Companies Act 2006 .

Section 2 Provisions coming into force on 1st October 2015

The day appointed for the coming into force of the following provisions of the Act is 1st October 2015—

(a) section 1 (health and safety at work: general duty of self-employed persons) so far as not already in force ;

(b) section 15 (suppliers of fuel and fireplaces);

(c) section 17 (authorisation of insolvency practitioners);

(d) section 18 and Schedule 5 (auditors ceasing to hold office);

(e) section 19 (insolvency and company law) so far as it relates to the following provisions of Schedule 6, and those provisions:-

(i) Part 1 (deeds of arrangement);

(ii) paragraphs 4, 6 and 7 of Part 2 (administration of companies);

(iii) Part 3 (winding up of companies);

(iv) Part 4 (disqualification of unfit directors of insolvent companies);

(v) paragraph 12 of Part 5, so far as it relates to paragraph 16 of Part 5, and paragraph 16 of Part 5 (bankruptcy); and

(vi) Part 6 (authorisation of insolvency practitioners);

(f) section 59, so far as it relates to Part 5 (noise abatement zones) of Schedule 13, and Part 5 of that Schedule;

(g) section 66(1) to (4) (schools: reduction of burdens);

(h) section 71(late night refreshment).

Section 3 Provisions coming into force on 1st January 2016

The day appointed for the coming into force of the following provisions of the Act is 1st January 2016—

(a) section 66(5) (schools: reduction of burdens) so far as it relates to paragraphs 4 and 5 of Schedule 16 (staffing matters), and paragraphs 4 and 5 of that Schedule;

(b) section 94 (Electoral Commission: changes to facilitate efficient administration);

(c) section 95 (LGBC for England: changes to facilitate efficient administration).

Section 4 Transitional and saving provisions

The amendments to Chapter 4 of Part 16 of the 2006 Act brought into force by article 2(d) have effect in relation to financial years beginning on or after 1st October 2015.

Section 5 Transitional and saving provisions

The amendments to section 7(4) of the Company Directors Disqualification Act 1986 (“the 1986 Act ”) made by paragraph 11 of Schedule 6 to the Act do not have effect in respect of a person who is or has been a director of a company that becomes insolvent (within the meaning of section 6(2) of the 1986 Act) before 1st October 2015.

Section 6 Transitional and saving provisions

The amendments to Chapter 4 of Part 16 of the 2006 Act brought into force by article 2(d) do not have effect in relation to the application of any provisions of the 2006 Act to—

(a) limited liability partnerships by regulations 43 to 46 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008 ;

(b) unregistered companies by regulation 3 of the Unregistered Companies Regulations 2009 ;

(c) companies registered pursuant to section 1040 of the 2006 Act by regulation 18 of the Companies (Companies Authorised to Register) Regulations 2009 .

Section 7 Transitional and saving provisions

Where immediately before the coming into force of article 2(e)(vi) an individual has applied for authorisation under section 392 of the Insolvency Act 1986 or holds an authorisation granted under section 393 of that Act, the amendments made by paragraph 22 of Schedule 6 to the Act are to have no effect for the transitional period .

Section 8 Spelling out date in paragraph 23 of Part 6 of Schedule 6 to the Act

In Part 6 of Schedule 6 to the Act, in the definition of “commencement date” in paragraph 23, for “the date on which paragraph 21 of this Schedule comes into force” substitute “1 October 2015 (the date on which paragraph 21 of this Schedule came into force)”.