SCHEDULE 1Modification of enactments
PART 2Secondary Legislation
Insolvency (Scotland) Rules 198636
1
The Insolvency (Scotland) Rules 198666 are amended as follows.
2
In rule 0.2(1) (interpretation), omit the definition of “the Bankruptcy Act”.
3
For rule 4.76 (limitation) substitute—
Limitation4.76
1
The provisions in paragraph (2) apply in relation to the liquidation as they apply in relation to a sequestration subject to the substitution of “petition for winding up” for references to “petition for sequestration” and to any other necessary modifications.
2
The provisions are—
a
sections 13(5) and 46(8), as read with section 228(8) to (10), of the Bankruptcy (Scotland) Act 2016;
b
article 6(1)(a) and (b), (2) and (3) of the Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016.
Insolvency (Northern Ireland) Order 198937
1
The Insolvency (Northern Ireland) Order 198967 is amended as follows.
2
In Article 4(5)(a) (definition of “associate”), for “1985” substitute “2016”.
3
In Article 349(5)(a) (persons not qualified to act as insolvency practitioners), after “1985” insert “or 2016”.
Company Directors Disqualification (Northern Ireland) Order 200238
In Article 15(1A)(b)(ii) of the Company Directors Disqualification (Northern Ireland) Order 200268 (undischarged bankrupts), after “1985” insert “or 2016”.
Proceeds of Crime Act 2002 (External Requests and Orders) Order 200539
1
The Proceeds of Crime Act 2002 (External Requests and Orders) Order 200569 is amended as follows.
2
In article 3(4) (insolvency practitioners)—
a
omit “the 1985 Act,”; and
b
after “1986 Act,” insert “the 2016 Act,”.
3
In article 4 (insolvency practitioners: interpretation)—
a
omit paragraph (6)(c);
b
insert after paragraph (6)(d)—
da
the 2016 Act is the Bankruptcy (Scotland) Act 2016;
c
in paragraph (7), for “12(4) of the 1985” substitute “22(7) of the 2016”.
4
In article 141P (giving effect in England and Wales and Northern Ireland to External Requests by means of Civil Proceedings: insolvency)70—
a
in paragraph (2)(c)—
i
omit “section 2 of the 1985 Act,”; and
ii
after “1986 Act,” insert “, section 54 of the 2016 Act”; and
b
in paragraph (2)(f), for “1985” substitute “2016”.
5
In article 141Q (giving effect in England and Wales and Northern Ireland to External Requests by means of Civil Proceedings: insolvency interpretation)71—
a
omit paragraph (2); and
b
insert after paragraph (3)—
3A
The 2016 Act means the Bankruptcy (Scotland) Act 2016.
6
In article 141ZL (giving effect in Scotland to External Requests by means of Civil Proceedings: insolvency)72—
a
in paragraph (2)(c)—
i
omit “section 2 of the 1985 Act,”; and
ii
after “1986 Act,” insert “, section 54 of the 2016 Act”; and
b
in paragraph (2)(f), for “1985” substitute “2016”.
7
In article 141ZM (giving effect in Scotland to External Requests by means of Civil Proceedings: insolvency interpretation)73—
a
omit paragraph (2); and
b
insert after paragraph (3)—
3A
The 2016 Act means the Bankruptcy (Scotland) Act 2016.
8
In article 208 (insolvency)—
a
in paragraph (2)(c)—
i
omit “section 2 of the 1985 Act,”; and
ii
after “1986 Act” insert “, section 54 of the 2016 Act”;
b
in paragraph (2)(f), for “1985” substitute “2016”;
c
in paragraph (6)—
i
omit sub-paragraph (a); and
ii
insert after paragraph (b)—
ba
the 2016 Act means the Bankruptcy (Scotland) Act 2016,
d
in paragraph (7)(a) for “1985” it each place where it occurs substitute “2016”.