The Public Services Reform (Insolvency) (Scotland) Order 2016

Winding up

Members’ voluntary winding up: progress report to company

5.—(1) In section 92A of the Act (progress report to company (England and Wales))(1)—

(a) in subsection (1) repeal “where the company is registered in England and Wales”; and

(b) in the section title repeal “(England and Wales)”.

(2) Repeal section 93 of the Act (general company meeting at each year’s end (Scotland))(2).

(3) In Schedule 10 of the Act (punishment of offences), repeal the entry relating to section 93(3).

Creditors’ voluntary winding up: progress report to company and creditors

6.—(1) In section 104A of the Act (progress report to company and creditors (England and Wales))(3)—

(a) in subsection (1), for “Where the company in registered in England and Wales the” substitute “The”; and

(b) in the section title repeal “(England and Wales)”.

(2) Repeal section 105 of the Act (meetings of company and creditors at each year’s end (Scotland))(4).

(3) In Schedule 10 of the Act, repeal the entry relating to section 105(3).

Consequential amendments and repeals

7.—(1) In the 2015 Act, repeal paragraphs 17 and 28 of Schedule 9.

(2) In the Limited Liability Partnerships (Scotland) Regulations 2001(5)—

(a) in Schedule 2 (provisions of the Act which apply to limited liability partnerships as they apply to companies)—

(i) for “93” substitute “92A”; and

(ii) for “105” substitute “104A”; and

(b) in Schedule 3 (modifications to provisions of the Act) omit the entries for sections 93 and 105.

(3) In the Limited Liability Partnerships Regulations 2001(6)—

(a) in Schedule 3 (modifications to provisions of the Act) omit the entries for sections 93 and 105; and

(b) in Schedule 4 (provisions of the Act not applied in Scotland because they are applied by the Limited Liability Partnerships (Scotland) Regulations 2001)—

(i) for “93” substitute “92A”; and

(ii) for “105” substitute “104A”.

Members’ voluntary winding up: verification of statement as to company’s affairs

8.  In section 95(4A) of the Act (liquidator’s verification of statement as to company’s affairs)(7)—

(a) repeal “be verified by the liquidator”;

(b) in paragraph (a), after “Wales,” insert “be verified by the liquidator”; and

(c) in paragraph (b), for “by affidavit” substitute “contain a statutory declaration by the liquidator”.

Creditors’ voluntary winding up: verification of statement of affairs

9.  In section 99(2A) of the Act (directors’ verification of statement as to company’s affairs)(8)—

(a) repeal “be verified by some or all of the directors”;

(b) in paragraph (a), after “Wales,” insert “be verified by some or all of the directors”; and

(c) in paragraph (b), for “by affidavit” substitute “contain a statutory declaration by some or all of the directors”.

Court winding up: verification of statement of affairs on investigation

10.  In section 131(2A) of the Act (company’s statement of affairs)(9)—

(a) repeal “be verified by the persons required to submit it”;

(b) in paragraph (a), after “Wales,” insert “be verified by the persons required to submit it”; and

(c) in paragraph (b), for “by affidavit” substitute “contain a statutory declaration by the persons required to submit it”.

Application for early dissolution of the company

11.  In section 204(2) of the Act (early dissolution: Scotland)(10) for “he may apply” substitute “the liquidator may at any time apply”.

(1)

Section 92A was inserted by article 6(1) of S.I. 2010/18, amended by section 136(2) of the 2015 Act and is prospectively amended by paragraph 16 of Schedule 9 of the 2015 Act.

(2)

Section 93 was amended by article 6(2) of S.I. 2010/18 and is prospectively amended by paragraph 17 of Schedule 9 of the 2015 Act.

(3)

Section 104A was inserted by article 6(3) of S.I. 2010/18, amended by section 136(3) of the 2015 Act and is prospectively amended by paragraph 27 of Schedule 9 of the 2015 Act.

(4)

Section 105 was amended by article 6(4) of S.I. 2010/18 and is prospectively amended by paragraph 28 of Schedule 9 of the 2015 Act.

(5)

S.S.I. 2001/128.

(6)

S.I. 2001/1090.

(7)

Section 95(4A) was inserted by article 5(2)(b) of S.I. 2010/18.

(8)

Section 99(2A) was inserted by article 5(3)(b) of S.I. 2010/18.

(9)

Section 131(2A) was inserted by article 5(4)(b) of S.I. 2010/18.

(10)

Section 204(2) is prospectively amended by paragraph 50 of Schedule 9 of the 2015 Act.