- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Insolvency Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Section 218 of the M1Insolvency Act 1986 (prosecution of delinquent officers and members of company) is amended as follows.
(2)In subsection (1), for “to the prosecuting authority” there is substituted—
“(a)in the case of a winding up in England and Wales, to the Secretary of State, and
(b)in the case of a winding up in Scotland, to the Lord Advocate”.
(3)Subsection (2) is omitted.
(4)In subsection (4)—
(a)for the words from the beginning of paragraph (a) to “that authority” in paragraph (b) there is substituted “forthwith report the matter—
(a)in the case of a winding up in England and Wales, to the Secretary of State, and
(b)in the case of a winding up in Scotland, to the Lord Advocate,
and shall furnish to the Secretary of State or (as the case may be) the Lord Advocate ”,
(b)for “the authority” there is substituted “ the Secretary of State or (as the case may be) the Lord Advocate ”.
(5)For subsection (5) there is substituted—
“(5)Where a report is made to the Secretary of State under subsection (4) he may, for the purpose of investigating the matter reported to him and such other matters relating to the affairs of the company as appear to him to require investigation, exercise any of the powers which are exercisable by inspectors appointed under section 431 or 432 of the Companies Act to investigate a company’s affairs.”
(6)In subsection (6)(b), “to the prosecuting authority” is omitted.
(7)In section 219 of that Act (obligations arising under section 218)—
(a)in subsection (1), for “under section 218(5)” there is substituted “ in consequence of a report made to him under section 218(4) ” and for “that subsection” there is substituted “ section 218(5) ”,
(b)in subsection (3), for “the prosecuting authority” and “that authority” there is substituted “ the Director of Public Prosecutions, the Lord Advocate ”,
(c)in subsection (4), for “prosecuting authority” there is substituted “ Director of Public Prosecutions, the Lord Advocate ”.
Click 'View More' or select 'More Resources' tab for additional information including: