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The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

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Regulation 2(1)

SCHEDULE 1Consequential amendments to Acts of Parliament

This schedule has no associated Explanatory Memorandum

PART 1

Bills of Sale Act 1878

1.  In section 8 of the Bills of Sale Act 1878 (avoidance of unregistered bills of sale in certain cases)(1) before “filing the petition for bankruptcy” insert “making the bankruptcy application or”.

Agricultural Credits Act 1928

2.  In section 8(5) of the Agricultural Credits Act 1928 (supplemental provisions as to agricultural charges)(2)—

(a)for “adjudged” substitute “made”;

(b)before “presentation of the bankruptcy petition” insert “making of the bankruptcy application or”.

Law of Property (Joint Tenants) Act 1964

3.  In section 1(1)(b) of the Law of Property (Joint Tenants) Act 1964 (assumptions on sale of land by survivor of joint tenants)(3)—

(a)before “a petition” insert “an application or”;

(b)before “or petition” insert “, application”.

Land Charges Act 1972

4.—(1) The Land Charges Act 1972(4) is amended as follows.

(2) In section 5 (the register of pending actions)(5)—

(a)in subsection (1)—

(i)after paragraph (b) insert—

(c)a bankruptcy application.;

(b)in subsection (3)—

(i)at the end of paragraph (a) omit “and”;

(ii)at the end of paragraph (b) insert “and”;

(iii)after paragraph (b) insert—

(c)if it relates to a bankruptcy application, the date on which the bankruptcy application was made.;

(c)after subsection (6) insert—

(6A) No fee shall be charged for the registration of a bankruptcy application.;

(d)in subsection (8) before “petition in bankruptcy” insert “bankruptcy application or”.

(3) In section 6(6) (the register of writs and orders affecting land)(6)—

(a)before “petition in bankruptcy” insert “bankruptcy application or”;

(b)for the words from “either the registration of the petition” to the end of the section substitute—

either—

(a)the registration of the application or the petition is in force; or

(b)a receiving order on the application or the petition is registered under this   section..

(4) In section 16(2) (general rules)(7) before “petition in bankruptcy” insert “bankruptcy application or”.

Estate Agents Act 1979

5.—(1) Section 23 of the Estate Agents Act 1979 (bankrupts not to engage in estate agency work)(8) is amended as follows.

(2) In subsection (1) for “adjudged” substitute “made”.

(3) In subsection (2)(a) for “adjudication of bankruptcy” substitute “bankruptcy order made”.

Housing Act 1985

6.  In section 121(2)(a) of the Housing Act 1985 (circumstances in which the right to buy cannot be exercised)(9) before “has a bankruptcy petition” insert “has made a bankruptcy application that has not been determined or”.

Finance Act 1986

7.—(1) The Finance Act 1986(10) is amended as follows.

(2) In section 80D(9)(e) (repurchases and stock lending: replacement stock on insolvency)(11) before “presentation of a bankruptcy petition” insert “making of a bankruptcy application or”.

(3) In section 89AB(9)(e) (stamp duty reserve tax: exception for repurchases and stock lending in case of insolvency)(12) before “presentation of a bankruptcy petition” insert “making of a bankruptcy application or”.

Company Directors Disqualification Act 1986

8.  In section 11(2A) of the Company Directors Disqualification Act 1986 (undischarged bankrupts)(13) for paragraph (a)(i) substitute—

(i)the court by which the bankruptcy order was made or (if the order was not made by a court) the court to which a debtor may appeal against a refusal to make a bankruptcy order, or.

Companies Act 1989

9.—(1) The Companies Act 1989(14) is amended as follows.

(2) In section 155(3B)(a) (market contracts)(15) before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

(3) In section 158(3)(a) (modifications of the law of insolvency)(16) before “the presentation of a bankruptcy petition” insert “the making of a bankruptcy application or”.

(4) In section 163(4)(a) (net sum payable on completion of default proceedings)(17) before “a bankruptcy petition” insert “a bankruptcy application or”.

(5) In section 164 (disclaimer of property, rescission of contracts etc)(18)—

(a)in subsection (3), in the words before paragraph (a) “or presentation of bankruptcy petition” insert “, submission of bankruptcy application or”;

(b)in subsection (4)(a) before “a petition has been presented” insert “a bankruptcy application has been submitted or”;

(c)in subsection (4)(b) for “such a petition has been presented” substitute “such an application has been made or petition presented”.

(6) In section 175 (administration orders etc)(19)—

(a)in subsection (4) before “or presentation of bankruptcy petition” insert “, making of bankruptcy application”;

(b)in subsection (5) before “a petition has been presented” insert “a bankruptcy application has been made or”.

(7) In section 182(2) (powers of court in relation to certain proceedings begun before commencement) before paragraph (a) insert—

(za)the making of a bankruptcy application on which a bankruptcy order is made, .

Taxation of Chargeable Gains Act 1992

10.  In section 263CA(9)(e) of the Taxation of Chargeable Gains Act 1992 (stock lending: insolvency etc of borrower)(20) before “the presentation of a bankruptcy petition” insert “bankruptcy application made or”.

Pensions Act 1995

11.—(1) The Pensions Act 1995(21) is amended as follows.

(2) After section 4(1)(b) (suspension orders)(22) insert—

(ba)where an application has been made under section 263H of the Insolvency Act 1986(23) for an order making him bankrupt and the application has not been determined,.

(3) In section 29(1)(b)(24) (persons disqualified for being trustees) for “adjudged” substitute “made”.

Welfare Reform and Pensions Act 1999

12.  In section 11(1) of the Welfare Reform and Pensions Act 1999 (effect of bankruptcy on petition rights: approved arrangements)(25) before “petition presented” insert “bankruptcy application made or”.

Financial Services and Markets Act 2000

13.  In section 374(3) of the Financial Services and Markets Act 2000 (powers of Financial Conduct Authority or Prudential Regulation Authority to participate in proceedings)(26) for the words from the beginning to “or Article 248 of the 1989 Order)” substitute “In the case of a petition presented under Article 238 of the 1989 Order, a copy of the report prepared under Article 248 of that Order”.

International Criminal Court Act 2001

14.—(1) Paragraph 9 (bankruptcy: England and Wales) of Schedule 6 (freezing orders in respect of property liable to forfeiture) to the International Criminal Court Act 2001(27) is amended as follows.

(2) In sub-paragraphs (1) and (2) for “adjudged” substitute “made”.

(3) In sub-paragraph (1)(a) for “adjudging” substitute “making”.

Land Registration Act 2002

15.—(1) The Land Registration Act 2002(28) is amended as follows.

(2) In section 86 (bankruptcy)—

(a)in subsection (1) before “petition in bankruptcy” insert “bankruptcy application,”;

(b)in subsection (2) before “petition in bankruptcy” insert “bankruptcy application or”;

(c)in subsection (5)—

(i)for “adjudged” substitute “made”;

(ii)in paragraph (c)(ii) for “the bankruptcy petition” insert “the bankruptcy application or petition”.

Enterprise Act 2002

16.  For section 268(9)(a) of the Enterprise Act 2002 (insolvency: disqualification from office)(29) substitute—

(a)who has been made bankrupt (under Part 9 of the Insolvency Act 1986),

(aa)who has been adjudged bankrupt by a court in Northern Ireland,.

Charities Act 2011

17.—(1) The Charities Act 2011(30) is amended as follows.

(2) In section 80(1)(a)(i) and (3) (powers to remove or appoint charity trustees)(31) for “adjudged” substitute “made”.

(3) In section 178(1) (persons disqualified from being charity trustees or trustees of a charity)(32), in case B, for “adjudged” substitute “made”.

(4) In section 179(2) (disqualification: pre-commencement events etc.) for “adjudication of bankruptcy” substitute “making bankrupt”.

PART 2

Consequential amendments to other Acts of Parliament

18.  In each of the following provisions, for “adjudged”, in each place it occurs, substitute “made”.

Acts of ParliamentReferencesProvisions
Fines and Recoveries Act 18331833 c.74Section 67(33).
Agriculture Act 19471947 c.48Schedule 9, paragraph 13(4)(34).
Tees and Hartlepool Port Authority Act 19661966 c.xxvSchedule 3, paragraph 6(a).
Solicitors Act 19741974 c.47Schedule 1, paragraph 1(1)(d).
Public Passenger Vehicles Act 19811981 c.14Section 57(2)(b)(35).
Housing Associations Act 19851985 c.69Schedule 6, paragraph 3(3)(a).
Administration of Justice Act 19851985 c.61Section 16(1)(g)(36).
Agricultural Holdings Act 19861986 c.5Section 96(2)(a).
Blyth Harbour Act 19861986 c.xxiSection 8(1)(b).
Pension Schemes Act 19931993 c.48Section 123(1)(a) and Schedule 4, paragraph 3(1).
Coal Industry Act 19941994 c.21Schedule 1, paragraph 1(4)(b)(37).
Environment Act 19951995 c.25Schedule 1, paragraph 1(3)(b)(38) and Schedule 6, paragraph 7(b)(39).
Goods Vehicles (Licensing of Operators) Act 19951995 c.23Section 26(1)(g) and (10)(40).
Employment Rights Act 19961996 c.18Sections 166(6)(a)(i) and 183(2)(a)(i)(41)
Police Act 19961996 c.16Schedule 4B, paragraphs 8(1)(a), 9(1)(a) and 10(a)(42).
Housing Act 19961996 c.52Schedule 1, paragraph 4(2)(a)(43).
Food Standards Act 19991999 c.28Schedule 1, paragraph 4(a)(44).
Proceeds of Crime Act 20022002 c.29Sections 23(4), 108(4), 173(4), 311(3)(d), 417(1)(45), 418(1) and 419(1).
Education Act 20022002 c.32Schedule 11, paragraph 4(a).
Licensing Act 20032003 c.17Section 27(3)(b).
Pensions Act 20042004 c.35Sections 58(5)(a) and 121(2)(a).
National Health Service Act 20062006 c.41Schedule 7, paragraph 8(1)(a)(46).
Housing and Regeneration Act 20082008 c.17Section 266(2)(47).
(1)

1878 c.31; section 8 was repealed by section 15 of the Bills of Sale (1878) Amendment Act 1882 (c.43) in respect of bills of sale given by way of security for the payment of money.

(3)

1964 c.63; section 1 was amended by the Insolvency Act 1985 (c.65) section 235(1), Schedule 8, paragraph 13 and the Law of Property (Miscellaneous Provisions) Act 1994 (c.36) Schedule 2, paragraph 1.

(5)

Section 5 was amended by the County Courts Act 1984 (c.28) Schedule 2, Part 4, paragraph. 17, the Insolvency Act 1985 (c.65) section 235(1) and (3), Schedule 8, paragraph 21(2), and Schedule.10, Part 3 and the Law of Property (Miscellaneous Provisions) Act 1994 (c.36) section 15(3).

(6)

Section 6(6) was amended by the Insolvency Act 1985 (c.65) section 235(1) and (3), Schedule. 8, paragraph. 21(3) and Schedule 10, Part 3.

(7)

Section 16(2) was amended by the Insolvency Act 1985 (c.65) Schedule 8, paragraph 21(4) and the Insolvency Act 1986 (c.45) section 439(2) and Schedule 14 and the Constitutional Reform Act 2005 (c.4) sections 15(1), 146 and 235(1), Schedule 4, Part 1, paragraph 75 and Schedule 18, Part 2, paragraph 1.

(8)

1979 c.38; section 23 was amended by the Insolvency Act 1985 (c.65) section 235(1), Schedule 8, paragraph 33, the Bankruptcy (Scotland) Act 1985 (c.66) section 75(1), Schedule 7, paragraph 17 and S.I. 2012/2404.

(9)

1985 c.68; section 121 was amended by the Insolvency Act 1985 (c.65) Schedule 10, Part 3, paragraph 1, the Housing Act 2004 (c.34) section 192(1) and S.I. 2012/2404.

(10)

1986 c.41.

(11)

Section 80D was inserted by the Finance Act 2009 (c.10) Schedule 37, Part 1, paragraph 2.

(12)

Section 89AB was inserted by the Finance Act 2009 (c.10) Schedule 37, Part 1, paragraph 5.

(13)

1986 c.46; section 11 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26) section 113(1).

(14)

1989 c.40.

(15)

Section 155 was inserted by S.I. 2003/1908; there are other amending instruments to this section but none is relevant.

(16)

Section 158 was amended by the Enterprise Act 2002 (c.40) Schedule 17, paragraph 44(a).

(17)

Section 163 was amended by S.I. 2009/853.

(18)

Section 164 was amended by S.I. 2009/853.

(19)

Section 175 was amended by S.I. 2013/504.

(20)

1992 c.12; section 263CA was inserted by the Finance Act 2009 (c.10) Schedule 13, paragraph 3.

(21)

1995 c.26.

(22)

Section 4 was amended by S.I. 2012/2404.

(23)

1986 c.45; section 263H was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24) Schedule18, paragraph 1.

(24)

Section 29 was amended by S.I. 2006/1722 and S.I. 2012/2404.

(25)

1999 c.30.

(26)

2000 c 8; section 374 was amended by the Financial Services Act 2012 (c. 21) Schedule 14, paragraph 22.

(27)

2001 c.17.

(28)

2002 c.9.

(29)

2002 c.40.

(30)

2011 c.25.

(31)

Section 80 was amended by S.I. 2012/2404.

(32)

Section 178 was amended by S.I. 2012/2404.

(33)

Section 67 was amended by the Tribunal, Courts and Enforcement Act 2007 (c.15) Schedule 14, paragraph 6(1).

(34)

Paragraph 13 was substituted by the Agriculture Act 1958 (c.71) Schedule 1, paragraph 5(1)(2).

(35)

Section 57 was amended by S.I. 2012/2404.

(36)

Section 16 was amended by the Insolvency Act 1985 (c.65) section 235(1), Schedule 8, paragraph 40.

(37)

Paragraph 4 was amended by S.I. 2012/2404.

(38)

Paragraph 1 was amended by S.I. 2012/2404.

(39)

Paragraph 7 was amended by S.I. 2012/2404.

(40)

Section 26 was amended by S.I. 2012/2404.

(41)

Section 183(2) was amended by Tribunals, Courts and Enforcement Act 2007 c. 15 Schedule 20(2), paragraph 17; there are other amending instruments to sections 166 and 183 but none is relevant.

(42)

Paragraphs 8, 9 and 10 were inserted by the Anti-social Behaviour, Crime and Policing Act 2014 (c.12) Schedule 7, paragraph 1.

(43)

Paragraph 4 was amended by S.I. 2012/2404.

(44)

Paragraph 4 was amended by S.I. 2012/2404.

(45)

Section 417 was amended by the Police and Crime Act 2009 (c.26) Schedule 7(6), paragraph 79.

(46)

Paragraph 8 was amended by the Health and Social Care Act 2012 (c.7) section 151(9)(b) and S.I. 2012/2404.

(47)

Section 266 was amended by the Charities Act 2011 (c.25) Schedule 7(2), paragraph 134.

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