The Insolvency (Miscellaneous Amendments) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modify the insolvency regimes under the Limited Liability Partnerships Regulations 2001, the Insolvent Partnerships Order 1994, and the Administration of Insolvent Estates of Deceased Persons Order 1986, in order to bring them into line with the insolvency procedures that apply to other entities.

These Regulations make amendments to legislation that refers to the Insolvency Act 1986 and the Company Directors Disqualification Act 1986, consequential on the amendments made to those Acts by the Enterprise and Regulatory Reform Act 2013 (“the 2013 Act”), the Small Business, Enterprise and Employment Act 2015, and the Deregulation Act 2015 (together “the 2015 Acts”).

These Regulations also amend a statutory form under the Insolvency Act 1986 to facilitate electronic filing.

Schedule 1 makes consequential amendments to the regulations for the Limited Liability Partnerships Regulations 2001. This Schedule also makes consequential amendments to the 2001 Regulations, as they apply to Scotland, the Limited Liability Partnership (Scotland) Regulations 2001, and the Limited Liability Partnerships Regulations (Northern Ireland) 2004.

Schedules 2 and 3 respectively amend the Insolvent Partnerships Order 1994 and the Administration of Insolvent Estates of Deceased Persons Order 1986, following amendments made by the 2013 and 2015 Acts to legislation referred to by those Orders.

Schedule 4 amends the prescribed form filed with Companies House under the Insolvency Act 1986 when a liquidator is appointed in voluntary winding up. This enables Companies House to facilitate electronic filing of the form.

Schedule 5 amends references in insolvency legislation to reflect Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum has been prepared and is available alongside these Regulations at www.legislation.gov.uk.