2020 No. 338

Housing
Insolvency

The Insolvency Act 1986 (Scotland) Amendment Regulations 2020

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by paragraph 22 of schedule ZA1 of the Insolvency Act 19861 and all other powers enabling them to do so.

In accordance with paragraph 22(3) of schedule ZA1 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

These Regulations may be cited as the Insolvency Act 1986 (Scotland) Amendment Regulations 2020 and come into force on the day after the day on which they are made.

Amendment of the Insolvency Act 19862

1

Schedule ZA1 of the Insolvency Act 1986 is amended in accordance with paragraphs (2) and (3).

2

In paragraph 12, after “paragraph 2A (private registered providers of social housing)” insert—

paragraph 2B (a registered social landlord under Part 2 of the Housing (Scotland) Act 20103);

3

After paragraph 2A4 (private registered providers of social housing), insert—

Registered social landlord under Part 2 of the Housing (Scotland) Act 20102B

A company is excluded from being eligible if it is a registered social landlord under Part 2 of the Housing (Scotland) Act 2010.

AILEEN CAMPBELLA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Insolvency Act 1986 in order to ensure that Part A1 (Moratorium) of that Act does not apply to companies which are registered as social landlords in accordance with Part 2 of the Housing (Scotland) Act 2010.

The Corporate Insolvency and Governance Act 2020inserted a new Part A1 and Schedule ZA1 into the Insolvency Act 1986. Part A1 provides for a freestanding moratorium for eligible companies to facilitate their rescue from financial difficulty. Schedule ZA1 specifies which companies are eligible for the moratorium under Part A1.

Registered social landlords which are companies may be subject to a separate moratorium in accordance with sections 73 – 79 of the Housing (Scotland) Act 2010.

Regulation 2(2) amends the definition of “eligible” in paragraph 1 of Schedule ZA1 of the Insolvency Act 1986. This amendment inserts a reference to paragraph 2B, as inserted into that schedule by Regulation 2(3), into the list of paragraphs of Schedule ZA1 by which certain categories of company are excluded from eligibility for the moratorium under Part A1.

Regulation 2(3) inserts a new paragraph 2B into Schedule ZA1 which excludes companies that are registered social landlords from eligibility for a moratorium under Part A1.