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Statutory Instruments

2016 No. 191

Insolvency, England And Wales

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016

Made

7th February 2016

The Secretary of State makes the following Order in exercise of the powers conferred by sections 100 and 103(3) and (4) of the Enterprise and Regulatory Reform Act 2013( 1 ).

Citation

1. This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016.

Day appointed for the coming into force of section 71

2.Section 71 (bankruptcy applications: determination by adjudicators) of the Enterprise and Regulatory Reform Act 2013 (โ€œthe Actโ€) comes into force on 6th April 2016.

Saving provisions

3. The amendments to the Insolvency Act 1986( 2 ) brought into force by section 71(3) and Schedule 19 (adjudicators: minor and consequential amendments) to the Act do not have effect in respect of a petition for a bankruptcy order presented to the court by a debtor before 6th April 2016.

4. The repeals of sections 272 and 273 of the Insolvency Act 1986 brought into force by paragraph 9 of Schedule 19 to the Act do not have effect in respect of the application ofโ€”

(a) paragraphs 6 and 7 of Part 2 of Schedule 1 (provisions of the Act applying with relevant modifications to the administration in bankruptcy of insolvent estates of deceased persons dying before presentation of a bankruptcy petition) to the Administration of Insolvent Estates of Deceased Persons Order 1986( 3 ); and

(b) paragraph 5 of Schedule 7 (provisions of the Act which apply with modifications for the purposes of article 11 where joint bankruptcy petition presented by individual members without winding up partnership as unregistered company) to the Insolvent Partnerships Order 1994( 4 ).

Anna Soubry

Minister of State for Small Business, Industry and Enterprise

Department for Business, Innovation and Skills

7th February 2016

( 1 )

2013 c.24 .

( 2 )

1986 c.45 .

( 5 )

S.I. 2013/1455 (C. 55) was amended by S.I. 2013/2271 (C. 94) in relation to the commencement of this provision.

( 6 )

S.I. 2013/2979 (C. 122) was amended by S.I. 2014/824 (C. 33) and S.I. 2014/2481 in relation to the commencement of this provision.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 9 and Saving Provisions) Order 2016 (2016/191)

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