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. —(1) This Order may be cited as the Insolvent Partnerships (Amendment) Order 2006 and shall come into force on 6th April 2006 (“the commencement date”).
(2) In this Order—
“the Act” means the Insolvency Act 1986 ; and
“the 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 “(other than section 176A)”.
Amendment to Article 10 of the Insolvent Partnerships Order 1994
4. In Article 10(3)(a) omit “(other than section 176A)”.
Amendment to Schedule 2 to the Insolvent Partnerships Order 1994
5. —(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 “the partnership,” the word “or”.
(b) In paragraph 8 of Schedule 2, in modified paragraph 15, for modified paragraph 15(2) substitute—
“ (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 “123,” insert “176A,”.
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 “154,” insert “176A,”.
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 “124(2) and (3),” insert “176A,”.
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 “154,” insert “176A,”.
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
