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Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 - New provisions in force from 1 October 2015

07/10/15

Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 - New provisions in force from 1 October 2015

In our news item of 20 May 2015 (bulletin 612) the Technical Committee highlighted the key insolvency-related provisions of the Deregulation Act and the Small Business, Enterprise and Employment Act. At that time, the date on which some of the provisions would be brought into effect was not known.

Further commencement orders have very recently been made, which brought into effect additional provisions of the two Acts from 1 October 2015.

The Deregulation Act 2015 (Commencement No.3 and Transitional and Saving Provisions) Order 2015 (SI 2015 No 1732), made on 29 September 2015, brought into force on 1 October 2015 further insolvency-related provisions of the Deregulation Act 2015, including:

Removal of the requirement on directors or the company in an out-of-court appointment to give notice of proposed appointment of administrator to the company or prescribed persons where there is no QFCH

Release of the administrator where there is no distribution to unsecured creditors and of the liquidator where a winding up order is rescinded

Changes to IP authorisation to allow for full and partial authorisation

Obtaining information from third parties in the context of director disqualification.
The Small Business, Enterprise and Employment Act 2015 (Commencement No. 2 and Transitional Provisions) Regulations 2015 (SI 2015 No 1689), made on 15 September 2015, brought into force on 1 October 2015 further insolvency-related provisions of the SBEE Act 2015, including:

Extension of the power to bring wrongful and fraudulent trading actions to administrators in insolvent administrations

Provisions enabling office holders to assign such actions, as well as actions under antecedent transaction provisions and extortionate credit bargins

Changes to the director disqualification regime, including: disqualification for company-related offences abroad and of persons instructing unfit directors of insolvent companies; amendments to Sch 1 CDDA 1986 concerning matters to be taken into account in determining unfitness; an extension of the time period for bringing proceedings from 2 years to 3 years (for post-commencement insolvencies); and the introduction of compensation orders against disqualified directors.