House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

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69
In section 262C (arrangements coming to an end prematurely), for “creditors’

meeting summoned under” substitute “decision of the debtor’s creditors

pursuant to”.

70
In section 263(1) (implementation and supervision of approved voluntary

arrangement), for “creditors’ meeting summoned under” substitute “decision

of the debtor’s creditors pursuant to”.

Bankruptcy

71
In section 276(1)(b)(ii) (default in connection with voluntary arrangement) for

“at or in connection with a meeting summoned” substitute “in connection with

a creditors’ decision procedure instigated”.

72
In section 283(4)(a) (definition of bankrupt’s estate), for the words from “a

meeting” to “held” substitute “the trustee of that estate has vacated office under

section 298(8)”.

73
In section 287(3)(c) (powers of interim receiver), for “summon a general

meeting of” substitute “seek a decision on a matter from”.

74
In section 296(5) (trustee to give notice relating to creditors’ committees), for

paragraphs (a) and (b) substitute “explain the procedure for establishing a

creditors’ committee under section 301.”

75  (1)
Section 298 (trustee’s vacation of office) is amended as follows.

      (2)
In subsection (1), for “general meeting of the bankrupt’s creditors summoned”

substitute “decision of the bankrupt’s creditors made by a creditors’ decision

procedure instigated”.

      (3)
In subsection (4)—

(a)
for “general meeting of the bankrupt’s creditors shall be summoned”

substitute “creditors’ decision procedure may be instigated”;

(b)
in paragraph (c)—

(i)
omit “the meeting is requested by”;

(ii)
after “bankrupt’s creditors” insert “so requests,”.

      (4)
After subsection (4) insert—

“(4A)
Where a bankrupt’s creditors are asked to decide whether a trustee

other than the official receiver should be removed they must also be

asked to decide (using a creditors’ decision procedure) whether, if the

trustee is removed, he shall have his release.”

      (5)
In subsection (8), for the words from “a final” to the end substitute “the trustee

has given notice under section 331(2).”

      (6)
After subsection (8) insert—

“(8A)
A notice under subsection (8)—

(a)
must not be given before the end of the period prescribed by

the rules as the period within which the creditors may object

to the trustee’s release, and

(b)
must state whether any of the bankrupt’s creditors objected to

the trustee’s release.”

76  (1)
Section 299 (release of trustee) is amended as follows.

      (2)
In subsection (1)(a), omit “a general meeting of”.

      (3)
In subsection (3), for paragraphs (a) and (b) substitute—

“(a)
in the following cases, the time at which notice is given to the

court in accordance with the rules that the person has ceased

to hold office—

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(i)
the person has been removed from office by a

decision of the bankrupt’s creditors and the creditors

have not decided against his release,

(ii)
the person has died;

(b)
in the following cases, such time as the Secretary of State

may, on an application by the person, determine—

(i)
the person has been removed from office by a

decision of the bankrupt’s creditors and the creditors

have decided against his release,

(ii)
the person has been removed from office by the court

or by the Secretary of State,

(iii)
the person has vacated office under section 298(6);”.

      (4)
In subsection (3)(d), for paragraphs (i) and (ii) substitute—

“(i)
if any of the bankrupt’s creditors objected to the

person’s release before the end of the period for so

objecting prescribed by the rules, such time as the

Secretary of State may, on an application by that

person, determine, and

(ii)
otherwise, the time at which the person vacated

office.”

      (5)
After subsection (3) insert—

“(3A)
Where the person is removed from office by a decision of the

bankrupt’s creditors, any decision of the bankrupt’s creditors as to

whether the person should have his release must be made by a

qualifying decision procedure.”

77  (1)
Section 300 (vacancy in office of trustee) is amended as follows.

      (2)
In subsection (3)—

(a)
for “summon a general meeting of” substitute “in accordance with the

rules seek a nomination from”;

(b)
for the words from “shall” to the end substitute “must seek a

nomination if requested to do so by not less than one-tenth in value of

the bankrupt’s creditors.”

      (3)
After subsection (3) insert—

“(3A)
The person (if any) nominated by the creditors is to be the trustee.”

      (4)
In subsection (4) for the words from “summoned” to “meeting of” substitute

“sought, and is not proposing to seek, a nomination from the bankrupt’s”.

      (5)
In subsection (8) for the words from “holding” to “331” substitute “vacation of

office by the trustee under section 298(8)”.

78  (1)
Section 301 (creditors’ committees) is amended as follows.

      (2)
In subsection (1), for the words from “general” to “otherwise)” substitute

“bankrupt’s creditors”.

      (3)
In subsection (2)—

(a)
for “A general meeting of the” substitute “The”;

(b)
for “an appointment made by that meeting” substitute “the

appointment”.

79
In section 314(7) (trustee’s power and duty to summon creditors’ meeting)—

(a)
for “summon a general meeting of” substitute “seek a decision on a

matter from”;

(b)
for “summon such a meeting” substitute “seek a decision on a matter”.

80
In section 330 (final distribution), after subsection (1) insert—

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“(1A)
A notice under subsection (1)(b) need not be given to opted-out

creditors.”

81  (1)
Section 331 (final meeting) is amended as follows.

      (2)
For subsection (2) substitute—

“(2)
The trustee must give the bankrupt’s creditors (other than opted-out

creditors) notice that it appears to the trustee that the administration of

the bankrupt’s estate is for practical purposes complete.

(2A)
The notice must—

(a)
be accompanied by a report of the trustee’s administration of

the bankrupt’s estate;

(b)
explain the effect of section 299(3)(d) and how the creditors

may object to the trustee’s release.”

      (3)
Omit subsections (3) and (4).

      (4)
In the heading, for “meeting” substitute “report”.

82
In section 332(2) (bankrupt’s home), for “summon a meeting under section

331” substitute “give notice under section 331(2)”.

83
In section 356(2)(c) (offence of making false statements)—

(a)
for “at any meeting of his creditors” substitute “in connection with any

creditors’ decision procedure or deemed consent procedure”;

(b)
for “at such a meeting” substitute “in connection with such a

procedure”.

84
In Schedule 9, after paragraph 12 insert—

“12A
Provision about how a bankrupt’s creditors may nominate a person

to be trustee.”

85
In paragraph 13 of Schedule 9 (creditors’ committee)—

(a)
after “to the” insert “establishment,”;

(b)
for “established under” substitute “provided for by”.

Other provision

86
Omit section 379A (remote attendance at meetings) and the heading before it.”

Member’s explanatory statement

This amendment introduces a Schedule that removes requirements to hold meetings for creditors

and contributories, and makes provision for notices that will no longer be sent to opted-out

creditors. It also removes the requirement to hold a company general meeting on the completion

of a winding up.

Order of the House [16 July 2014]

That the following provision shall apply to the Small Business, Enterprise and

Employment Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 6 November 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

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which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other Proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [14 October 2014]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 14

October) meet—

(a)
at 2.00 pm on Tuesday 14 October;

(b)
at 11.30 am and 2.00 pm on Thursday 16 October;

(c)
at 8.55 am and 2.00 pm on Tuesday 21 October;

(d)
at 11.30 am and 2.00 pm on Thursday 23 October;

(e)
at 8.55 am and 2.00 pm on Tuesday 28 October;

(f)
at 11.30 am and 2.00 pm on Thursday 30 October;

(g)
at 8.55 am and 2.00 pm on Tuesday 4 November;

(h)
at 11.30 am and 2.00 pm on Thursday 6 November;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

Date
Time
Witness

Tuesday 14 October
Until no later than
Confederation of British

10.15 am
Industry; Federation of Small

Businesses; British Chambers of

Commerce; Institute of

Directors

Tuesday 14 October
Until no later than
Thompsons Solicitors

10.45 am

Tuesday 14 October
Until no later than
Forum of Private

11.25 am
Business; Institute of Credit

Management

Tuesday 14 October
Until no later than
The Law Society

2.30 pm

Tuesday 14 October
Until no later than
GMB; Unison; Unite

3.15 pm

Tuesday 14 October
Until no later than
Toynbee Hall; Met Police

3.45 pm
International Corruption

Division

Tuesday 14 October
Until no later than
Trades Union Congress;

4.15 pm
Chartered Institute of Personnel

and Development

Thursday 16 October
Until no later than
British Beer and Pub

12.30 pm
Association; Association of

Licensed Multiple Retailers;

Campaign for Real Ale; Fair

Pint

Thursday 16 October
Until no later than
Ofsted

1.00 pm

Thursday 16 October
Until no later than
R3: Association of Business

2.30 pm
Recovery Professionals

Thursday 16 October
Until no later than
Family and Childcare Trust;

3.15 pm
National Day Nurseries

Association; National

Association of Head Teachers

Thursday 16 October
Until no later than
Department for Business,

4.00 pm
Innovation and Skills; Her

Majesty‘s Treasury

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(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 35; Schedule 1; Clauses 36 to 66; Schedule 2;

Clauses 67 to 70; Schedule 3; Clauses 71 to 73; Schedule 4; Clauses 74 to 82;

Schedule 5; Clauses 83 to 85; Schedule 6; Clauses 86 to 99; Schedule 7;

Clause 100; Schedule 8; Clauses 101 to 121; Schedule 9; Clauses 122 to 132;

Schedule 10; Clauses 133 to 149; new Clauses; new Schedules; remaining

proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 6 November.



© Parliamentary copyright	Revised 4 November 2014