The Small Business, Enterprise and Employment Act 2015 (Commencement No. 4, Transitional and Savings Provisions) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the Act”). These are the fourth commencement regulations made under the Act. Certain provisions came into force on the passing of the Act.

Regulation 3 commences section 102 of the Act which amends section 1095 (rectification of register on application to registrar) of the Companies Act 2006 (c.46) (the “2006 Act”) by inserting new subsections (4A) to (4D). It also commences provisions which amend the Company Directors Disqualification Act 1986 (c.46) and the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150) in relation to the preparation of a report by the office-holder (administrator, liquidator or receiver) about the conduct of each person who was a director of an insolvent company.

Regulation 3 further commences provisions which amend the Employment Tribunals Act 1996 (c.17) by inserting Part 2A in relation to the imposition of a financial penalty where there is a failure to pay a financial award as ordered by a Tribunal or a settlement sum agreed under the terms of a settlement.

Regulation 4 commences provisions under Part 4 of the Act which confer powers on the Secretary of State to make provision by regulations about various terms relating to pub-owning businesses and tied tenants.

Regulation 5 commences section 92 of the Act (duty to deliver confirmation statement instead of annual return) on 1st May 2016 for the purpose of enabling the registrar to impose requirements under section 853F(6) of the 2006 Act (duty to deliver shareholder information: non-traded companies) about the form in which shareholder information is delivered to the registrar.

Regulation 6 commences section 92 of the Act for all purposes on 30th June 2016 and commences other provisions in the Act relating to company filing requirements.

Regulation 7 commences provisions which confer functions on a Minister of the Crown in connection with the review of business appeals procedures within relevant regulators including the appointment of a person to review and report on the effectiveness of such procedures.

Regulation 8 and the Schedule contain transitional and savings provisions which apply to the commencement provided for in regulations 3 and 6.