Statutory Instruments
Debt Management And Relief, England And Wales
Debt Relief Orders
Made
23rd February 2009
The Secretary of State makes the following Order in exercise of the power conferred by section 148(2) of the Tribunals, Courts and Enforcement Act 2007(1).
1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 7) Order 2009.
2. Section 108 of, and Schedules 17, 18, 19 and 20 (consequential amendments) to, the Tribunals, Courts and Enforcement Act 2007 come into force—
(a)for the purpose of making rules, regulations and orders, on the day after the day on which this Order is made, and
(b)for all other purposes, on 6th April 2009.
Pat McFadden
Minister of State for Employment and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
23rd February 2009
(This note is not part of the Order)
This Order is the seventh commencement order under the Tribunals, Courts and Enforcement Act 2007 (“the Act”) and brings into force the provisions of the Act relating to debt relief orders and debt relief restriction orders and undertakings.
Section 108 of the Act gives effect to—
Schedule 17 of the Act which inserts new Part 7A on debt relief orders into the Insolvency Act 1986 (“the 1986 Act”);
Schedule 18 which inserts new Schedule 4ZA into the 1986 Act, specifying the conditions which must be met for the making of a debt relief order;
Schedule 19 which inserts new Schedule 4ZB into the 1986 Act providing for debt relief restriction orders and undertakings; and
Schedule 20, Part 1 of which makes amendments to the 1986 Act, and Part 2 of which makes amendments to enactments other than the 1986 Act, consequential upon the introduction of debt relief orders and debt relief restriction orders and undertakings.
All those provisions are brought into force on the day after the day on which the Order is made for the purpose only of making rules, regulations and orders under the 1986 Act as amended. For all other purposes, they are brought into force on 6th April 2009.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| ss 1, 2, 7(1) and (9), 9(3), 10(3), 11(5)(f) and (6) to (8), 13(6), (8)(f), (9), (10), (14) and (15), 18(10) and (11), 20(3), (6) and (7), 21(6), 22, 27(5) and (6), 30 to 42, 45(3), 46 (partially), 48 (partially), 49, 50(1) to (5) (partially) and (7) (partially), 51 (partially), 52 (partially), 54, 58, 59, 61, 144(1), (5) and (7) and 144(11) (partially), paras 1 to 11 of Sch 1, para 15 of Sch 4, Sch 5, Sch 6, paras 25(2) to (7) and 26 to 28 of Sch 7, paras 31(1) to (3), 62, 63, 65(1) and (2) and 65(3) (partially) of Sch 8 and paras 1, 2 and 12(2) of Sch 9 | 19.09.2007 | S.I. 2007/2709 |
| ss 44, 45(1) and (2), 48(1) (partially) and 146, paras 1 to 6, 10(1)(a) and (b), (2)(a) and (b), (3)(a) and (b) and (4), 11 (partially), 12, 13, 14(1), (2), (3)(a) and (4), 15 to 18, 20, 21(1), (2), (4) and (5), 21(6) (partially), 22(1)(a) and (b) and (2), 22(3) (partially), 23 and 25(1) of Sch 7, paras 2, 3, 4 (partially), 5 (partially), 7 (partially), 8 to 12, 14, 15, 17, 18 (partially), 19 to 23, 30(a) to (c), 32, 33(1) and (2), 49 to 52, | 01.11.2007 | S.I. 2007/2709 |
| 53 (partially) and 56 to 61 of Sch 8 and Part 1 of Sch 23 partially) | ||
| s 48(1) (partially) and paras 35 to 39 of Sch 8 | 01.12.2007 | S.I. 2007/2709 |
| ss 139 and 140 and Sch 22 | 01.04.2008 | S.I. 2007/2709 |
| s 48(1) (partially), paras 7 to 9, 10(1)(c), (2)(c) and (3)(c), 11 (now fully), 14(3)(b), 19, 21(3) and (6) (now fully) and 22(1)(c) and (3) (now fully) of Sch 7, para 30(d) of Sch 8, paras 4 and 5 of Sch 8 (partially) and paras 7, 18 and 53 of Sch 8 (now fully) | 01.06.2008 | S.I. 2007/2709 |
| s 141 | 06.04.2008 | S.I. 2008/749 |
| Part 6, in so far as it applies in relation to England | 31.12.2007 | S.I. 2007/3613 |
| Part 6, in so far as it extends to Scotland | 21.04.2008 | S.S.I.2008/150 |
| Part 6, in so far as it applies to Wales and extends to Northern Ireland | 22.04.2008 | S.I. 2008/1158 |
| s 48(1) (partially), repeal in paragraph 27 of Sch 8 as it applies to the powers of a Minister, ss 50, 51, 52, para 24 Sch 7, and Sch 10. | 21.07.2008 | S.I. 2008/1653 |
| ss 3 to 6, 7(2) to (8), 9(1), (2) and (4) to (11), 10(1), (2) and (4) to (9), 11(1) to (4) and (5)(a) to (e), 12, 13(1) to (5), (7), (8)(a) to (e) and (11) to (13), 14 to 17, 18(1) to (9) and (12), 19, 20(1), (2), (4), (5) and (8), 21(1) to (5), 23 to 26, 28, 29, 43, 46 (now fully), 47, 48(1) (partially), 48(2) (partially), paras 12 to 14 of Sch 1, Sch 2, Sch 3, paras 1 to 14 of Sch 4, Part 1 of Sch 23 (partially) and Part 2 of Sch 23. | 3.11.2008 | S.I. 2008/2696 |
| ss 27(1) to (4), 48(1) (partially), and 142 and Part 1 of Sch 23 (partially). | 1.4.2009 | S.I.2008/2696 |