The Insolvent Companies (Reports on Conduct of Directors) (Scotland) (Amendment) Rules 2001

Statutory Instruments

2001 No. 768

INSOLVENCY, SCOTLAND

COMPANIES

The Insolvent Companies (Reports on Conduct of Directors) (Scotland) (Amendment) Rules 2001

Made

1st March 2001

Laid before Parliament

7th March 2001

Coming into force

2nd April 2001

The Secretary of State, in exercise of the powers conferred upon him by section 411 of the Insolvency Act 1986(1) and section 21(2) of the Company Directors Disqualification Act 1986(2), and of all other powers enabling him in that behalf, hereby makes the following Rules:—

1.—(1) These Rules may be cited as the Insolvent Companies (Reports on Conduct of Directors) (Scotland) (Amendment) Rules 2001.

(2) These Rules shall come into force on 2nd April 2001.

(3) In these Rules “the 1996 Rules” means the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996(3).

2.—(1) The 1996 Rules shall be amended in accordance with this rule.

(2) There shall be substituted for Form D1 in the Schedule to the 1996 Rules Form D1 in the Schedule to these Rules.

3.—(1) Where any of the events mentioned in sub-paragraphs (a), (b), (c) or (d) of rule 3(1) of the 1996 Rules occurred before the coming into force of these Rules this rule shall apply.

(2) Until 1st August 2001—

(a) The Form D1 (Scot) contained in the Schedule to the 1996 Rules, before the coming into force of these Rules, which was required to be used for the purpose of complying with the 1996 Rules, or

(b) the Form D1 (Scot) as set out in the Schedule to these Rules, and as substituted in the 1996 Rules, or a form which is substantially similar thereto, with such variations, if any, as the circumstances require,

may be used for the purpose of complying with rule 3 of the 1996 Rules; but after that date the form mentioned in sub-paragraph (b) of this paragraph shall be used for that purpose.

Kim Howells,

Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,

Department for Trade and Industry

1st March 2001

Rule 2(2)

SCHEDULE FORMS

Explanatory Note

(This note is not part of the Rules)

These Rules substitute a new form D1 (Scot) in place of that contained in the Schedule to the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996 (S.I. 1996/1910). This form is used for the purpose of complying with rule 3 of the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996. The new form is substantially the same as the previous form, but contains minor further requirements for information to be provided by office-holders to the Disqualification Unit of the Insolvency Service. The new form may be obtained from the Insolvency Service, Disqualification Unit, “J ”Floor, B Block, Argyle House, 3 Lady Lawson Street, Edinburgh EH3 9SA. Form D1 (Scot) contains further requirements to provide the date of any winding up resolutions made by a company and any registered offices of a company within the six months prior to the commencement of the relevant insolvency procedure. Where the insolvency procedure commenced before 2nd April 2001 the office-holder may use either the old form D1 (Scot) or the new amended form D1 (Scot) until 1st August 2001. After that date such an office-holder must use the new amended form.

(1)

1986 c. 45.

(2)

1986 c. 46; amended by the Insolvency Act 2000 (c. 39), in relation to these Rules the relevant amendments are, the substitution of section 6(3) by sections 6(3), 6(3A), 6(3B) and 6(3C). The amendment made to section 21(2) by the Companies Act 1989 (c. 40) is not relevant for the purposes of these Rules.

(3)

S.I. 1996/1910.