2009 No. 310

Partnerships

The Limited Liability Partnerships (Scotland) Amendment Regulations 2009

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 14(1) and 17(2) and (3) of the Limited Liability Partnerships Act 20001 and all other powers enabling them to do so:

Citation, commencement and extent1

1

These Regulations may be cited as the Limited Liability Partnerships (Scotland) Amendment Regulations 2009 and shall come into force on 1st October 2009.

2

These Regulations extend to Scotland only.

Interpretation2

In these Regulations–

  • “the 1986 Act” means the Insolvency Act 19862, and

  • “the principal regulations” means the Limited Liability Partnerships (Scotland) Regulations 20013.

Amendment of Schedule 2 to the principal regulations3

Schedule 2 to the principal regulations (provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 1 to these Regulations.

Amendment of Schedule 3 to the principal regulations4

Schedule 3 to the principal regulations (modifications to provisions of the 1986 Act as applied to limited liability partnerships) is amended in accordance with Schedule 2 to these Regulations.

FERGUS EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE 1AMENDMENTS TO SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Regulation 3

1

Schedule 2 to the principal regulations is amended as follows:

a

in the entry relating to section 2344, for “order applies” substitute “has been entered into”;

b

in the entry relating to section 2355, for “order applies” substitute “has been entered into”;

c

in the entry relating to sections 236 to 2376, for “administration orders” substitute “administrations entered into”;

d

in the entry relating to section 2447, for “is subject to an administration order” substitute “has entered into administration”.

SCHEDULE 2AMENDMENTS TO SCHEDULE 3 TO THE PRINCIPAL REGULATIONS

Regulation 4

1

Schedule 3 to the principal regulations is amended as follows:

a

in the entry relating to section 84 (circumstances in which company may be wound up voluntarily)8, in the entry relating to subsection (4), for “(4)” wherever it appears substitute “(3A”);.

b

omit the entry relating to section 233 (supplies of gas, water, electricity, etc.)9.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedules 2 and 3 to the Limited Liability Partnerships (Scotland) Regulations 2001 (S.S.I. 2001/128) (“the principal regulations”) which apply certain provisions of the Insolvency Act 1986 (c.45) (“the 1986 Act”) to limited liability partnerships.

Regulation 3 amends the provisions of the 1986 Act listed in Schedule 2 to the principal regulations in consequence of amendments to the 1986 Act by the Enterprise Act 2002 (c.40).

Regulation 4 amends the modifications to the 1986 Act set out in Schedule 3 to the principal regulations in consequence of amendments to section 84 of the 1986 Act (applying in England and Wales) by the Commonhold and Leasehold Reform Act 2002 (c.15) and amendments to section 233 of the 1986 Act by the Insolvency Act 2000 (c.39).