The Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016

Made: 7th February 2016

The Secretary of State makes the following Order in exercise of the powers conferred by sections 100 and 103(3) and (4) of the Enterprise and Regulatory Reform Act 2013[^f00001].

Citation

1

This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016.

Day appointed for the coming into force of section 71

2

Section 71 (bankruptcy applications: determination by adjudicators) of the Enterprise and Regulatory Reform Act 2013 (“the Act”) comes into force on 6th April 2016.

Saving provisions

3

The amendments to the Insolvency Act 1986[^f00002] brought into force by section 71(3) and Schedule 19 (adjudicators: minor and consequential amendments) to the Act do not have effect in respect of a petition for a bankruptcy order presented to the court by a debtor before 6th April 2016.

4

The repeals of sections 272 and 273 of the Insolvency Act 1986 brought into force by paragraph 9 of Schedule 19 to the Act do not have effect in respect of the application of—

• (a) paragraphs 6 and 7 of Part 2 of Schedule 1 (provisions of the Act applying with relevant modifications to the administration in bankruptcy of insolvent estates of deceased persons dying before presentation of a bankruptcy petition) to the Administration of Insolvent Estates of Deceased Persons Order 1986[^f00003]; and

• (b) paragraph 5 of Schedule 7 (provisions of the Act which apply with modifications for the purposes of article 11 where joint bankruptcy petition presented by individual members without winding up partnership as unregistered company) to the Insolvent Partnerships Order 1994[^f00004].

Signed

Anna Soubry — Minister of State for Small Business, Industry and Enterprise — Department for Business, Innovation and Skills — 7th February 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the ninth Commencement Order made under the Enterprise and Regulatory Reform Act 2013 (c.24) (“the Act”).

Article 2 of this Order commences section 71 of the Act on 6th April 2016. Section 71 introduces a new procedure for a debtor to apply for their own bankruptcy. A debtor must make an application to an adjudicator instead of petitioning the court for a bankruptcy order. Section 71 also makes amendments to the Insolvency Act [1986 (c.45)](https://www.legislation.gov.uk/ukpga/1986/45) (the “1986 Act”) as a consequence of the new procedure.

Article 3 is a saving provision in respect of petitions for bankruptcy orders presented to the court by debtors before the coming into force of section 71. The amendments to the 1986 Act made by section 71(3) will not apply to such petitions.

Article 4 saves sections 272(1) and 273 of the 1986 Act for the purposes of bankruptcy petitions presented under the Administration of Insolvent Estates of Deceased Persons Order 1986 (“the 1986 Order”) and the Insolvent Partnerships Order 1994 (“the 1994 Order”). The process of a personal representative petitioning on behalf of an insolvent estate and partners petitioning on behalf of an insolvent partnership are unaffected by the new debtor bankruptcy application process and rely on sections 272 and 273 as modified by the 1986 Order and the 1994 Order.

Footnotes

[^f00001]: 2013 c.24.

[^f00002]: 1986 c.45.

[^f00003]: S.I. 1986/1999.

[^f00004]: S.I. 1994/2421.

[^f00005]: S.I. 2013/1455 (C. 55) was amended by S.I. 2013/2271 (C. 94) in relation to the commencement of this provision.

[^f00006]: S.I. 2013/2979 (C. 122) was amended by S.I. 2014/824 (C. 33) and S.I. 2014/2481 in relation to the commencement of this provision.