Search Legislation

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

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Business failure

2.—(1) For the purposes of sections 189 and 191 of the Act

(a)business failure has the meaning given in paragraphs (2) to (5); and

(b)a provider is to be treated as unable to carry on or manage an establishment or an agency because of business failure if the provider’s inability to do so follows business failure.

(2) Where a provider is not an individual, business failure means that, in respect of that provider—

(a)the appointment of an administrator (within the meaning given by paragraph 1(1) of Schedule B1 to the 1986 Act(1) or paragraph 2(1) of Schedule B1 to the 1989 Order(2)) takes effect;

(b)a receiver is appointed;

(c)an administrative receiver as defined in section 251 of the 1986 Act or article 5 of the 1989 Order is appointed;

(d)a resolution for a voluntary winding up is passed other than in a members’ voluntary winding up;

(e)a winding up order is made;

(f)an order by virtue of article 11 of the Insolvent Partnerships Order 1994 (joint bankruptcy petition by individual members of insolvent partnership)(3) is made;

(g)an order by virtue of article 11 of the Insolvent Partnerships Order (Northern Ireland) 1995 (joint bankruptcy petition by individual members of insolvent partnership)(4) is made;

(h)the charity trustees of the provider become unable to pay their debts as they fall due;

(i)every member of the partnership (in a case where the provider is a partnership) is made bankrupt; or

(j)a voluntary arrangement proposed for the purposes of Part I of the 1986 Act(5) or Part 2 of the 1989 Order has been approved under that Part of that Act or Order.

(3) In relation to a provider who is an individual, business failure means that—

(a)the individual is made bankrupt;

(b)a voluntary arrangement pursuant to Part 8 of the 1986 Act or Part 8 of the 1989 Order is proposed by or entered into by the individual; or

(c)a debt relief order is made under Part VIIA of the 1986 Act or Part 7A of the 1989 Order(6).

(4) For the purposes of paragraph (2)(h), a person is a charity trustee of a provider if—

(a)the provider is a charity that is unincorporated; and

(b)the person is a trustee of that charity.

(5) For the purposes of paragraph (2)(h), the charity trustees of a provider are to be treated as becoming unable to pay their debts as they fall due if—

(a)a creditor to whom the trustees are indebted in a sum exceeding the relevant amount then due has served on the trustees a written demand requiring the trustees to pay the sum so due and the trustees have for 3 weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor;

(b)in England and Wales, execution or other process issued on a judgment, decree or order of a court in favour of a creditor of the trustees is returned unsatisfied in whole or in part;

(c)in Scotland, the induciae of a charge for payment on an extract decree, or an extract registered bond, or an extract registered protest, have expired without payment being made; or

(d)in Northern Ireland, a certificate of unenforceability has been granted in respect of a judgment against the trustees.

(1)

Schedule B1 was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002 (c. 40). As to the application of Part 2 of the 1986 Act to co-operative and community benefit societies, see S.I. 2014/229 as amended by S.I. 2014/1822.

(2)

Schedule B1 was inserted by S.I. 2005/1455 (N.I. 10).

(5)

As to the application of Part 1 of the 1986 Act to co-operative and community benefit societies, see S.I. 2014/229 as amended by S.I. Back [5]

(6)

Part 7A of the 1989 Order was inserted by the Debt Relief Act (Northern Ireland) 2010 (c. 16).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources