Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Consolidated Text Cited authorities 256 Cited in Amendments 137 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2012/2404

2012 No. 2404

Debt Management And ReliefDebt Relief Orders

The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012

Made 15th September 2012

Coming into force 1st October 2012

The Secretary of State makes the following Order in exercise of the power conferred by section 145(1) and (2)(b) of the Tribunals, Courts and Enforcement Act 20071.

In accordance with section 145(7) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 This Order may be cited as the Tribunals, Courts and...

1. This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 and comes into force on 1st October 2012.

S-2 In this Order— a “debt relief order” means a debt relief order...

2. In this Order—

(a) a “debt relief order” means a debt relief order under Part 7A of the Insolvency Act 19862; and

(b) a “debt relief restrictions order”, a “debt relief restrictions undertaking”, an “interim debt relief restrictions order” and an “interim debt relief restrictions undertaking” are those made or given under section 251V of and Schedule 4ZB to the Insolvency Act 19863.

Consequential amendments to or in connection with disqualification provisions
S-3 Consequential amendments to or in connection with disqualification provisions

Consequential amendments to or in connection with disqualification provisions

3.—(1) Schedule 1, which amends the Company Directors Disqualification Act 19864, has effect.

(2) Schedule 2, which amends other Acts of Parliament, has effect.

(3) Schedule 3, which amends instruments made under Acts of Parliament, has effect.

Extent
S-4 Extent

Extent

4.—(1) The amendment in Schedule 1 extends to England and Wales only.

(2) An amendment in Schedule 2 or 3 extends to any part of the United Kingdom to which the amended enactment extends.

Transitional provisions

Transitional provisions

S-5 The amendments made by Schedule 2 apply only in relation to a...

5. The amendments made by Schedule 2 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 6 and as provided in article 9.

S-6 The amendments made by paragraphs 5, 9, 15, 26, 42, 48, 49,...

6. The amendments made by paragraphs 5, 9, 15, 26, 42, 48, 49, 50(2)(b), 50(3)(b), 51, 53(3)(b), 53(3)(e), 53(4), 54(3), 58(3), 60 and 62(3) of Schedule 2 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.

S-7 The amendments made by Schedule 3 apply only in relation to a...

7. The amendments made by Schedule 3 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 8 and as provided in article 9.

S-8 The amendments made by paragraphs 4(4), 6, 8, 10, 12, 13, 14,...

8. The amendments made by paragraphs 4(4), 6, 8, 10, 12, 13, 14, 15, 17, 18, 24, 25, 31(2)(b), 31(3)(b), 32(2)(b), 32(3)(b), 33(2)(b), 33(3)(b), 37(2)(b), 38, 39(b), 41, 42, 43, 44, 45(2)(b), 47(2)(b), 47(3)(b), 48(2)(b), 48(3)(b), 50(2)(b), 50(3)(b), 51(2)(b), 51(3)(b), 52(2)(b), 52(3)(b), 54, 55 and 56 of Schedule 3 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.

S-9 In relation to paragraph 34(3)(b) of Schedule 2 and paragraphs...

9. In relation to paragraph 34(3)(b) of Schedule 2 and paragraphs 1, 7(b) and 40 of Schedule 3—

(a) where the amendment applies in respect of a debt relief order, it applies only in relation to a debt relief order the application for which is made after the coming into force of this Order;

(b) where the amendment applies in respect of a debt relief restrictions order or interim debt relief restrictions order or a debt relief restrictions undertaking or interim debt relief restrictions undertaking, it applies only where the relevant order is made after the coming into force of this order or where the debtor gives the relevant undertaking after the coming into force of this order.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

15th September 2012

SCHEDULE 1

Article 3(1)

Consequential amendment of Company Directors Disqualification Act 1986

SCH-1.1

1. In section 11 of the Company Directors Disqualification Act 1986, for subsection (2) substitute—

SCH-1.2

“2 For this purpose, the court is—

(a) in the case of a person adjudged bankrupt or, in Scotland, whose estate was sequestrated, the court by which the person was adjudged bankrupt or sequestration of the person’s estate was awarded,

(b) in the case of a person in respect of whom a court made a debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), the court by which the order was made, and

(c) in the case of any other person, the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).”.

SCHEDULE 2

Article 3(2)

Amendment of disqualification provision made by Act of Parliament

SCH-2.1

1. Public Trustee Act 1906

In section 13(4) of the Public Trustee Act 19065(investigation and audit of trust accounts), after “or dies,” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.

SCH-2.2

2. Agriculture Act 1947

In paragraph 13(4) of Schedule 9 to the Agriculture Act 19476(chairman of Agricultural Land Tribunal), after “creditors” insert “, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the chairman”.

SCH-2.3

3. Agriculture Act 1967

In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 19677(constitution and procedure of boards), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has”.

SCH-2.4

4. Development of Tourism Act 1969

(1) Schedule 1 to the Development of Tourism Act 19698(incorporation and status of Tourist Boards) is amended as follows.

(2) After paragraph 5(1)(b) insert —

“(ba)

“(ba) has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or”.

(3) After paragraph 5(2) insert —

SCH-2.3

“3 In this paragraph, references to a member of the Board do not, in so far as sub-paragraph (1)(ba) applies, include persons who are members of VisitScotland.”

SCH-2.5

5. Local Government Act 1972

In section 80(1)(b) of the Local Government Act 19729(disqualifications for election etc), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

SCH-2.6

6. Health and Safety at Work Act etc 1974

In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 197410(the Health and Safety Executive – terms of appointment), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.

SCH-2.7

7. Consumer Credit Act 1974

In section 37(1)(b) of the Consumer Credit Act 197411(death, bankruptcy etc of licensee), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.

SCH-2.8

8. Solicitors Act 1974

(1) The Solicitors Act 197412is amended as follows.

(2) In section 15(1) (suspension of practising certificate), after “bankruptcy of a solicitor” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor”.

(3) In section 16 (duration of suspension)—

(a)

(a) after subsection (2) insert—

SCH-2.2A

“2A The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—

(a) if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 5A.16 of the Insolvency Rules 1986 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;

(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order. ”.

(b)

(b) in subsection (3)(b) after “bankruptcy” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him”.

SCH-2.9

9. Industry Act 1975

In paragraph 6(1)(c) of Schedule 3 to the Industry Act 197513(establishment of a tribunal), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.

SCH-2.10

10. Estate Agents Act 1979

(1) Section 23 of the Estate Agents Act 197914(bankrupts) is amended as follows.

(2) After subsection (1), insert—

SCH-2.1A

“1A An individual in respect of whom a debt relief order (under Part 7A of the Insolvency Act 1986) is made shall not engage in estate agency work of any description except as an employee of another person”.

(3) After subsection (2), insert—

SCH-2.2A

“2A The prohibition imposed on an individual by...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT