SCHEDULES
SCHEDULE 3Moratoriums in Great Britain: further amendments
33Insolvency Act 1986
1
Schedule 10 (punishment of offences under the Act) is amended as follows.
2
Omit the entries relating to Schedule A1.
3
At the appropriate place insert—
Directors failing to notify monitor of beginning of moratorium.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Monitor failing to notify creditors etc of beginning of moratorium.
Summary.
Level 3 on the standard scale.
Directors failing to notify monitor of change in end of moratorium.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Monitor failing to notify creditors etc of change in end of moratorium.
Summary.
Level 3 on the standard scale.
Company or officer failing to state in correspondence etc that moratorium in force.
Summary.
Level 3 on the standard scale.
Directors failing to notify monitor of insolvency proceedings etc.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company obtaining credit without disclosing existence of moratorium.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Obtaining credit for company without disclosing existence of moratorium.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company granting security without monitor’s consent.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting company to do so.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company entering into market contract, etc.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting company to do so.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company making unauthorised payments.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting company to do so.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company making unauthorised disposal of property.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting such a disposal.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Unauthorised disposal of hire-purchase property.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting such a disposal.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Directors failing to send to registrar copy of court order permitting disposal of charged property.
Summary.
Level 3 on the standard scale.
Company failing to comply with requirements relating to disposal of charged property.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting such a failure.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Company failing to comply with requirements relating to disposal of hire-purchase property.
1. On indictment.
A fine.
2. Summary.
On conviction in England and Wales: a fine. On conviction in Scotland: the statutory maximum.
Authorising or permitting such a failure.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Directors failing to send to registrar copy of court order permitting disposal of hire-purchase property.
Summary.
Level 3 on the standard scale.
Monitor failing to notify creditors etc of change in monitor.
Summary.
Level 3 on the standard scale.
Fraud or privity to fraud during or in anticipation of moratorium.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Knowingly taking in pawn or pledge, or otherwise receiving, company property.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
False representation or fraud for purpose of obtaining or extending moratorium.
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Directors failing to notify regulator of qualifying decision procedure in relation to regulated company
1. On indictment.
2 years or a fine or both.
2. Summary.
On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.