The Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These are the seventh Commencement Regulations made under the Small, Business, Enterprise and Employment Act 2015 (c. 26) (the “2015 Act”). These Regulations bring into force, for Scotland, specified provisions of the 2015 Act which were introduced in England & Wales by S.I. 2016/1020 (and as amended by S.I. 2017/363).

Regulation 4 commences for Scotland: section 122 of the 2015 Act, which makes provision for decision making processes for creditors (other than meetings) in insolvencies; section 124, which make provision for creditors to opt out of receiving communications from office-holders in insolvencies; section 126 and Part 1 of Schedule 9, which makes further amendments relating to the above sections. Regulation 5 makes saving provision in respect of certain meetings called before 6th April 2019. Regulation 6 makes amendments to the Insolvency Amendment (EU 2015/848) Regulations 2017 consequential on the commencement of Part 1 of Schedule 9.

For meetings required by section 93 or 105 of the Insolvency Act 1986 in winding up a company where the resolution to wind up is passed before 6th April 2019 see the savings in the Public Services Reform (Insolvency) (Scotland) Order 2016 (S.S.I. 2016/141), as amended by S.S.I. 2017/209).