Supplemental provision of Part 4
Section 84: Modification of this Part under Enterprise Act 2002
375.This section provides that the power to modify or apply enactments conferred on the Secretary of State by:
sections 248 and 277 of the Enterprise Act 2002 (amendments consequential on that Act); and
section 254 of that Act (power to apply insolvency law to foreign companies);
includes power to make consequential modifications of this Part of the Act. The Secretary of State can make such modifications as he or she considers appropriate in connection with any other provision made under any of the specified sections of the Enterprise Act. (The Enterprise Act 2002 made substantial changes to the regime for ordinary administration and inserted Schedule B1 into the Insolvency Act 1986.)
Section 86: Partnerships
376.Subsection (1) gives a power to the Lord Chancellor to make an order with the concurrence of the Secretary of State and the Lord Chief Justice (or a nominee), to apply (with or without modifications) any provision of Part 4 to partnerships (excluding Scottish firms). Subsection (5) gives the Secretary of State a power to make such an order in relation to Scottish firms. (Partnerships in Northern Ireland are dealt with under section 87).
Section 87: Northern Ireland
377.This section contains provision about the application of this Part to Northern Ireland.
Section 88: Review of Part 4
378.This section provides for there to be a review of the provisions of Part 4 within 5 years after the provisions of the Part generally come into force. The Secretary of State must set out the conclusions of the review in a report and lay the report before Parliament. The report must, in particular, set out the objectives intended to be achieved by the regulatory system established by the provisions; assess the extent to which the objectives have been achieved; and assess whether those objectives remain appropriate and, if so, whether they could be achieved by a system that imposed less regulation.
