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The Care and Support (Business Failure) (Wales) Regulations 2015

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Title, commencement, application and interpretation

1.—(1) The title of these Regulations is the Care and Support (Business Failure) (Wales) Regulations 2015 and they come into force on 6 April 2016.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations—

the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

“the 1986 Act” (“Deddf 1986”) means the Insolvency Act 1986(1);

“the 1989 Order” (“Gorchymyn 1989”) means the Insolvency (Northern Ireland) Order 1989(2);

“a members’ voluntary winding up” (“achos o ddirwyn i ben yn wirfoddol gan yr aelodau”) means a winding up where a statutory declaration has been made under section 89 of the 1986 Act or article 75 of the 1989 Order(3);

“a provider” (“darparwr”) means a person registered under Part 2 of the Care Standards Act 2000(4) in respect of an establishment or agency;

“the relevant amount” (“y swm perthnasol”) means the amount specified in section 123(1)(a) of the 1986 Act (definition of inability to pay debts).

(3)

See S.I. 2001/1090 and 2012/3013 as to the application of section 89 to Limited Liability Partnerships and Charitable Incorporated Organisations respectively. As to the application of section 89 to co-operative and community benefit societies, see section 123 of the Co-operative and Community Benefit Societies Act 2014 (c. 14). As to the application of article 75 of the 1989 Order to industrial and provident societies in Northern Ireland, see section 64 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24), as substituted by S.I. 2009/1941.

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