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This Statutory Instrument has been made in consequence of defects in S.I. 2005/1516 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2006 No. 622

INSOLVENCY, ENGLAND AND WALES

The Insolvent Partnerships (Amendment) Order 2006

Made

7th March 2006

Laid before Parliament

8th March 2006

Coming into force

6th April 2006

The Lord Chancellor, in exercise of the powers conferred upon him by section 420 of the Insolvency Act 1986( 1 ), with the concurrence of the Secretary of State, makes the following Order:

Citation, commencement and interpretation

1. β€”(1) This Order may be cited as the Insolvent Partnerships (Amendment) Order 2006 and shall come into force on 6th April 2006 (β€œthe commencement date”).

(2) In this Orderβ€”

β€œthe Act” means the Insolvency Act 1986; and

β€œthe 1994 Order” means the Insolvent Partnerships Order 1994( 2 ).

Transitional provisions

2. The amendments to the 1994 Order set out in this Order do not apply to any insolvency proceedings in relation to an insolvent partnership commenced before the commencement date.

Amendment to Article 8 of the Insolvent Partnerships Order 1994

3. In Article 8(5)(a) omit β€œ(other than section 176A)”.

Amendment to Article 10 of the Insolvent Partnerships Order 1994

4. In Article 10(3)(a) omit β€œ(other than section 176A)”.

Amendment to Schedule 2 to the Insolvent Partnerships Order 1994

5. β€”(1) Schedule 2 to the 1994 Order (modified provisions of Part 2 of, and Schedule B1 to, the Act (Administration) as applied by Article 6) is amended as follows.

(2) (a) In paragraph 7 of Schedule 2, in modified paragraph 14(2)(b), insert after the words β€œthe partnership,” the word β€œor”.

(b) In paragraph 8 of Schedule 2, in modified paragraph 15, for modified paragraph 15(2) substituteβ€”

β€œ (2) For the purposes of this paragraph, one agricultural floating charge is prior to another in accordance with the provisions of section 8(2) of the Agricultural Credits Act 1928 ( 3 ) . ”

Amendment to Schedule 3 to the Insolvent Partnerships Order 1994

6. In paragraph 3 of Schedule 3 to the 1994 Order (provisions of the Act which apply with modifications for the purposes of article 7), in modified section 221(6) after β€œ123,” insert β€œ176A,”.

Amendment to Schedule 4 to the Insolvent Partnerships Order 1994

7. In paragraph 3 of Schedule 4 to the 1994 Order (provisions of the Act which apply with modifications for the purposes of article 8), in modified section 221(6) after β€œ154,” insert β€œ176A,”.

Amendment to Schedule 5 to the Insolvent Partnerships Order 1994

8. In paragraph 2 of Schedule 5 to the 1994 Order (provisions of the Act which apply with modifications for the purposes of article 9), in modified section 221(6) after β€œ124(2) and (3),” insert β€œ176A,”.

Amendment to Schedule 6 to the Insolvent Partnerships Order 1994

9. In paragraph 4 of Schedule 6 to the 1994 Order (provisions of the Act which apply with modifications for the purposes of article 10), in modified section 221(6) after β€œ154,” insert β€œ176A,”.

Amendment to Schedule 9 to the Insolvent Partnerships Order 1994

10. In Schedule 9 to the 1994 Order (forms) for Forms 1A and 1B substitute the forms so numbered in the Schedule to this Order.

Falconer of Thoroton C

3rd March 2006

Gerry Sutcliffe

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department of Trade and Industry

7th March 2006

SCHEDULE

( 1 )

1986 c. 45 : section 420 was amended by the Insolvency Act 1986 (Amendment) Regulations 2002, S.I. 2002/1037 .

( 3 )

1928 c. 43 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Insolvent Partnerships (Amendment) Order 2006 (2006/622)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the 1994 Orderart. 1.the_1994_O_rtpDf2o
the Actart. 1.the_Act_rtCH0XD
the commencement dateart. 1.the_commen_rtDcJGL

Status of changes to instrument text

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