The Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019

• Citation: S.I. 2019/816
• Sections: 6

Section 1 Citation

These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019.

Section 2 Application

These Regulations extend to Scotland only.

Section 3 Interpretation

In these Regulations—

“the 1986 Act” means the Insolvency Act 1986 ; and

“the 2015 Act” means the Small Business, Enterprise and Employment Act 2015.

Section 4 Provisions coming into force on 6th April 2019

The day appointed for the coming into force of the following provisions of the 2015 Act in Scotland for all remaining purposes is 6th April 2019—

(a) section 122 (abolition of requirements to hold meetings: company insolvency);

(b) section 124 (ability for creditors to opt not to receive certain notices: company insolvency); and

(c) section 126 (sections 122 to 125: further amendments) and Part 1 of Schedule 9.

Section 5 Savings in respect of meetings taking place on or after 6th April 2019

(1) This regulation applies where on or after 6th April 2019—

(a) a creditors’ or contributories’ meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the Insolvency (Scotland) Rules 1986 or the 1986 Act;

(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c) an initial creditors’ meeting is to be held as a result of an invitation issued before that date under paragraph 51(1) of Schedule B1 of the 1986 Act or a request made before that date under paragraph 52(2) of that Schedule; or

(d) a meeting is to be held as a result of a meeting being called under section 94, 106 or 146 of the 1986 Act.

(2) Where such a meeting is to be held, the 1986 Act applies without the amendments made by—

(a) section 122 of the 2015 Act; and

(b) section 126 and Part 1 of Schedule 9 to the 2015 Act, insofar as those amendments relate to the abolition of requirements to hold meetings.

Section 6 Consequential Amendments to the Insolvency Amendment ( EU 2015/848) Regulations 2017

(1) The Insolvency Amendment (EU 2015/848) Regulations 2017 are amended as follows.

(2) In regulation 2(2) omit sub-paragraph (a).

(3) In the Schedule omit paragraphs 56, 57, 58 and 60.