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[^f00001], 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[^f00002].

Savings provision

3

The Insolvency Act 1986[^f00003] 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.

Signed

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)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 2015 c.20.

[^f00002]: 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.

[^f00003]: 1986 c.45.