The Public Services Reform (Insolvency) (Scotland) Order 2016 (Version in vigour from 2020-12-31 to )
| Currency | No known outstanding effects |
| Coming into Force | 31 December 2020 |
(1) This Order may be cited as the Public Services Reform (Insolvency) (Scotland) Order 2016.(2) Subject to paragraphs (3) and (4) , this Order comes into force on 1st April 2016.rules under section 411 of the Act; orany other subordinate legislation under the Act.(4) Insofar as not already in force, articles 4 to 13 come into force on the day appointed for the coming into force, for all remaining purposes, of section 122(2) of the 2015 Act in Scotland.“the Act” means the Insolvency Act 1986; and“the 2015 Act” means the Small Business, Enterprise and Employment Act 2015.In section 51 of In section 57 of In section 66(2) of in subsection (1) repeal “where the company is registered in England and Wales”; andin the section title repeal “(England and Wales) ”.(2) Repeal section 93 of the Act (general company meeting at each year’s end (Scotland) ) .(3) In Schedule 10 of the Act (punishment of offences) , repeal the entry relating to section 93(3) .in subsection (1) , for “Where the company in registered in England and Wales the” substitute “The”; andin the section title repeal “(England and Wales) ”.(2) Repeal section 105 of the Act (meetings of company and creditors at each year’s end (Scotland) ) .(3) In Schedule 10 of the Act, repeal the entry relating to section 105(3) .(1) In the 2015 Act, repeal paragraphs 17 and 28 of Schedule 9.for “93” substitute “92A”; andfor “105” substitute “104A”; andin Schedule 3 (modifications to provisions of the Act) omit the entries for sections 93 and 105.in Schedule 3 (modifications to provisions of the Act) omit the entries for sections 93 and 105; andfor “93” substitute “92A”; andfor “105” substitute “104A”.repeal “be verified by the liquidator”; in paragraph (a) , after “Wales,” insert “be verified by the liquidator”; and in paragraph (b) , for “by affidavit” substitute “contain a statutory declaration by the liquidator”. repeal “be verified by some or all of the directors”; in paragraph (a) , after “Wales,” insert “be verified by some or all of the directors”; and in paragraph (b) , for “by affidavit” substitute “contain a statutory declaration by some or all of the directors”. repeal “be verified by the persons required to submit it”; in paragraph (a) , after “Wales,” insert “be verified by the persons required to submit it”; and in paragraph (b) , for “by affidavit” substitute “contain a statutory declaration by the persons required to submit it”. In section 204(2) of repeal subsection (2) ; and in subsection (3) (a) after “administrator,” insert “receiver (appointed under section 51) ,”. In section 436B(2) of Where a receiver is appointed in respect of a company under section 51 of (1) Where this article applies, subject to article 1(3) the Act continues to have effect on and after the day mentioned in article 1(4) as if the amendments made by articles F24 and 8 to 10 had not been made.(2) This article applies where, in a receivership, a receiver is appointed in respect of a company under section 51 of the Act before the day mentioned in article 1(4) .(3) This article applies where a company goes into liquidation upon a resolution for voluntary winding up passed before the day mentioned in article 1(4) .there is an application for the appointment of a provisional liquidator under section 135 of the Act; ora company goes into liquidation on the making of a winding up order,
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