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

Made: 4th April 2019

Coming into force: 6th April 2019

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 160(1), 161(1) and (2) and 164(1) of the Small Business, Enterprise and Employment Act 2015[^f00001].

Citation

1

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

Application

2

These Regulations extend to Scotland only.

Interpretation

3

In these Regulations—

• “the 1986 Act” means the Insolvency Act 1986[^f00002]; and

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

Provisions coming into force on 6th April 2019

4

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.

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

5

• (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[^f00003] 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.

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

6

• (1) The Insolvency Amendment (EU 2015/848) Regulations 2017[^f00004] are amended as follows.

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

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

Signed

Kelly Tolhurst — Minister for Small Business, Consumers and Corporate Responsibility — Department for Business, Energy and Industrial Strategy — 4th April 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These are the seventh Commencement Regulations made under the Small, Business, Enterprise and Employment Act 2015 (c. 26) (the “2015 Act”). These Regulations bring into force, for Scotland, specified provisions of the 2015 Act which were introduced in England & Wales by S.I. 2016/1020 (and as amended by S.I. 2017/363).

Regulation 4 commences for Scotland: section 122 of the 2015 Act, which makes provision for decision making processes for creditors (other than meetings) in insolvencies; section 124, which make provision for creditors to opt out of receiving communications from office-holders in insolvencies; section 126 and Part 1 of Schedule 9, which makes further amendments relating to the above sections. Regulation 5 makes saving provision in respect of certain meetings called before 6th April 2019. Regulation 6 makes amendments to the Insolvency Amendment (EU 2015/848) Regulations 2017 consequential on the commencement of Part 1 of Schedule 9.

For meetings required by section 93 or 105 of the Insolvency Act 1986 in winding up a company where the resolution to wind up is passed before 6th April 2019 see the savings in the Public Services Reform (Insolvency) (Scotland) Order 2016 (S.S.I. 2016/141), as amended by S.S.I. 2017/209).

Footnotes

[^f00001]: 2015 c. 26.

[^f00002]: 1986 c. 45.

[^f00003]: S.I. 1986/1915, revoked by S.I. 2018/1082 and S.S.I. 2018/347 subject to transitional and savings in Schedule 2 to each of those instruments.

[^f00004]: S.I. 2017/702.