The Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016 No. 1016 (C. 72)


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016 No. 1016 (C. 72)
URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_20161016_en_1.html

[New search] [Printable PDF version] [Help]


Statutory Instruments

2016 No. 1016 (C. 72)

Deregulation

Insolvency, England And Wales

Individuals

The Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016

Made

19th October 2016

The Secretary of State, in exercise of the powers conferred by sections 115(7) and (9) of the Deregulation Act 2015(1), makes the following Order.

Citation

1.  This Order may be cited as the Deregulation Act 2015 (Commencement No. 6 and Savings Provision) Order 2016.

Provisions coming into force on 6th April 2017

2.  The day appointed for the coming into force of the following provisions of the Deregulation Act 2015 in England and Wales is 6th April 2017-

(a)section 19 so far as it relates to the paragraphs of Schedule 6 referred to in sub-paragraph (b); and

(b)paragraphs 13(1), 14 and 15 of Schedule 6(2).

Savings provision

3.  The Insolvency Act 1986(3) continues to apply without the amendments made by paragraph 15 of Schedule 6 to the Deregulation Act 2015 where a bankruptcy order is made before the 6th April 2017 and the bankrupt is required to submit a statement of affairs.

Margot James

Minister for Small Business, Consumers, and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

19th October 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force specified provisions of the Deregulation Act 2015 ("the Act"). This is the sixth commencement order made under the Act. Some provisions came into force on the passing of the Act and some two months after that date. The provisions commenced by this Order relate to the bankruptcy provisions of the Insolvency Act 1986 (c. 45) which only extend to England and Wales.

Article 2 commences section 19 and paragraphs 13(1) and 14 of Schedule 6 of the Act (which amend the Insolvency Act). Paragraph 13(1) amends section 286 of the Insolvency Act to enable the appointment of an insolvency practitioner as an interim receiver after the presentation of a creditor's bankruptcy petition (currently only the official receiver can be appointed). Paragraph 14 makes a consequential amendment.

Article 2 also commences paragraph 15 of Schedule 6 of the Act which replaces the requirement in a bankruptcy based on a creditor's petition to submit a statement of affairs to the official receiver with a power for the official receiver to require a statement of affairs.

Article 3 makes savings provision for bankruptcies where the order is made before the day appointed for commencement of the provisions listed in Article 2 and a bankrupt is required to submit a statement of affairs.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by earlier commencement orders.

Provision of the ActDate of CommencementS.I. No.
Section 1 (so far as not already in force)1st October 20152015/1732
Section 21st October 20152015/994
Section 3 (so far as not already in force)26th May 20152015/994
Section 426th May 20152015/994
Section 526th May 20152015/994
Section 61st October 20152015/994
Section 71st October 20152015/994
Section 8(1), (3) and (4) (so far as not already in force)8th June 20152015/994
Section 930th June 20152015/994
Section 101st October 20152015/994
Section 111st October 20152015/994
Section 121st October 20152015/994
Section 1426th May 20152015/994
Section 151st October 20152015/1732
Section 171st October 20152015/1732
Section 181st October 20152015/1732
Section 19 (partially)1st October 20152015/1732
Section 331st October 20152015/994
Section 341st October 20152015/994
Section 351st October 20152015/994
Section 361st October 20152015/994
Section 371st July 20152015/994
Section 38 (partially)1st July 20152015/994
Section 38 (so far as not already in force)1st October 20152015/994
Section 39 (partially)1st July 20152015/994
Section 39 (so far as not already in force)1st October 20152015/994
Section 401st October 20152015/994
Section 411st October 20152015/994
Section 4426th May 20152015/994
Section 4526th May 20152015/994
Section 481st April 20152015/994
Section 49 (so far as not already in force)1st October 20152015/994
Section 51(b) (so far as not already in force)30th June 20152015/994
Section 51(f) (so far as not already in force8th June 20152015/994
Section 51(g)1st October 20152015/994
Section 52(a)10th April 20152015/994
Section 53 (so far as not already in force)1st April 20152015/994
Section 58 (so far as not already in force)15th June 20152015/994
Section 59 (partially)1st October 20152015/1732
Section 59(c)26th May 20152015/994
Section 62 (so far as not already in force)6th April 20152015/994
Section 63 (so far as not already in force)6th April 20152015/994
Section 66(1) to (4)1st October 20152015/1732
Section 66(5) (partially)1st January 20162015/1732
Section 66(5) (remainder)1st January 20162015/2074
Section 6826th May 20152015/994
Section 691st April 20152015/994
Section 7026th May 20152015/994
Section 711st October 20152015/1732
Section 7226th May 20152015/994
Section 766th April 20152015/994
Section 7726th May 20152015/994
Section 7826th May 20152015/994
Section 8026th May 20152015/994
Section 8126th May 20152015/994
Section 8226th May 20152015/994
Section 8629th June 20152015/21402
Section 8729th June 20152015/21402
Section 8829th June 20152015/21402
Section 8929th June 20152015/21402
Section 90 (partially, so far as not already in force)20th April 20152015/994
Section 90 (so far as not already in force)26th May 20152015/994
Section 912nd March 20162016/206
Section 9326th May 20152015/994
Section 941st January 20162015/1732
Section 951st January 20162015/1732
Section 9626th May 20152015/994
Schedule 1, Part 1 (so far as not already in force)26th May 20152015/994
Schedule 1, Part 226th May 20152015/994
Schedule 2, Part 2 (so far as not already in force)8th June 20152015/994
Schedule 2, Part 3, paragraphs 30, 32 and 338th June 20152015/994
Schedule 330th June 20152015/994
Schedule 51st October 20152015/1732
Schedule 6, Part 11st October 20152015/1732
Schedule 6, Part 2, paragraphs 4, 6, and 71st October 20152015/1732
Schedule 6. Part 31st October 20152015/1732
Schedule 6, Part 41st October 20152015/1732
Schedule 6, Part 5, paragraphs 12 (partially) and 161st October 20152015/1732
Schedule 6, Part 61st October 20152015/1732
Schedule 8 (so far as not already in force)1st October 20152015/994
Schedule 10, Part 2 (so far as not already in force)30th June 20152015/994
Schedule 10, Part 6 (so far as not already in force)8th June 20152015/994
Schedule 10, Part 71st October 20152015/994
Schedule 11, Part 110th April 20152015/994
Schedule 12 (so far as not already in force)15th June 20152015/994
Schedule 13, Part 326th May 20152015/994
Schedule 13, Part 51st October 20152015/1732
Schedule 16, paragraph 21st January 20162015/2074
Schedule 16, paragraphs 4 and 51st January 20162015/1732
Schedule 181st April 20152015/994
Schedule 1929th June 20152015/21402
Schedule 2029th June 20152015/21402
Schedule 21 (partially, so far as not already in force)20th April 20152015/994
Schedule 21 (so far as not already in force)26th May 20152015/994
(2)

Paragraph 13(2) contains an amendment which is conditional on the repeal of section 286(2) of the Insolvency Act 1986 (c.45) not having been commenced before paragraph 13(1) is commenced. Section 286(2) was repealed by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013. As the repeal was commenced on 6th April 2016 (S.I. 2016/191) paragraph 13(2) is now defunct.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_20161016_en_1.html