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—

A8(4)

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.

A8(5)

Monitor failing to notify creditors etc of beginning of moratorium.

Summary.

Level 3 on the standard scale.

A17(6)

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.

A17(7)

Monitor failing to notify creditors etc of change in end of moratorium.

Summary.

Level 3 on the standard scale.

A19(5)

Company or officer failing to state in correspondence etc that moratorium in force.

Summary.

Level 3 on the standard scale.

A24(4)

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.

A25(3)(a)

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.

A25(3)(b)

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.

A26(4)(a)

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.

A26(4)(b)

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.

A27(1)(a)

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.

A27(1)(b)

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.

A28(5)(a)

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.

A28(5)(b)

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.

A29(6)(a)

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.

A29(6)(b)

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.

A30(2)(a)

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.

A30(2)(b)

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.

A31(8)

Directors failing to send to registrar copy of court order permitting disposal of charged property.

Summary.

Level 3 on the standard scale.

A31(10)(a)

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.

A31(10)(b)

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.

A32(4)(a)

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.

A32(4)(b)

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.

A32(6)

Directors failing to send to registrar copy of court order permitting disposal of hire-purchase property.

Summary.

Level 3 on the standard scale.

A39(9)

Monitor failing to notify creditors etc of change in monitor.

Summary.

Level 3 on the standard scale.

A46(1)

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.

A46(4)

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.

A47(1)

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.

A49(5)

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.