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| Small Business, Enterprise and
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| [Thirteenth and Fourteenth Sittings]
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| | Clauses 92 to 99 Agreed to. |
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| Schedule 8, page 214, line 27, leave out “11C” and insert “11E” |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 101 to 104 Agreed to. |
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| Clause 105, page 83, line 10, at end insert— |
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| | “(3) | This section shall not come into force until the Secretary of State has carried out |
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| | a full review of the impacts of abolishing the time limits for administration and |
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| | the effect of such a change on this section.” |
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| | Clause 106 Agreed to on division. |
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| Clause 107, page 84, line 3, after “assignment” insert “(or, in Scotland, |
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| Clause 107, page 84, line 5, after “assignment” insert “(or, in Scotland, |
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| | Clause, as amended, Agreed to. |
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| | Negatived on division 218 |
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| Clause 109, page 85, line 7, leave out “creditors’ committee or” |
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| Clause 110, page 85, line 24, leave out from “least” to “a” in line 25 and insert “one |
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| Clause 110, page 85, line 30, leave out from beginning to end of line 33 and |
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| | “( ) | Subsection (2) is subject to any provision of this Act, the rules or any other |
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| | legislation, or any order of the court— |
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| | (a) | requiring a decision to be made, or prohibiting a decision from being |
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| | made, by a particular qualifying decision procedure (other than a |
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| | creditors’ meeting or a contributories’ meeting); |
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| | (b) | permitting or requiring a decision to be made by a creditors’ meeting or |
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| | a contributories’ meeting.” |
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| Clause 110, page 86, line 6, leave out from “decision” to end of line 16 and insert |
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| “about any matter, unless— |
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| | (a) | a decision about the matter is required by virtue of this Act, the rules, or |
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| | any other legislation to be made by a qualifying decision procedure, or |
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| | (b) | the court orders that a decision about the matter is to be made by a |
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| | qualifying decision procedure. |
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| | ( ) | If the rules provide for a company’s creditors or contributories to make a decision |
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| | about the remuneration of any person, they must provide that the decision is to be |
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| | made by a qualifying decision procedure.” |
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| Clause 110, page 86, line 30, leave out from “Otherwise” to the end of line 31 and |
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| | “(a) | the creditors or (as the case may be) the contributories are to be treated as |
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| | not having made a decision about the matter in question, and |
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| | (b) | if a decision about that matter is again sought from the creditors or (as the |
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| | case may be) the contributories, it must be sought using a qualifying |
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| Clause 110, page 86, line 34, leave out “participate” and insert “vote” |
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| Clause 110, page 86, line 37, leave out “participate” and insert “vote” |
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| Clause 110, page 86, leave out lines 38 to 43 |
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| Clause 110, page 87, line 15, at end insert— |
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| | “( ) | the rights of creditors, contributories and others to be given notice of, |
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| | and participate in, procedures,” |
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| Clause 110, page 87, line 16, leave out “participate” and insert “vote” |
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| Clause 110, page 87, line 18, after “participate” insert “or vote” |
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| | Clause, as amended, Agreed to. |
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| Clause 111, page 87, line 38, after “where” insert “, for the purposes of this Group |
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| Clause 111, page 87, line 38, leave out “a person’s” and insert “an individual’s” |
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| Clause 111, page 88, line 5, leave out from beginning to end of line 7 and insert— |
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| | “( ) | Subsection (2) is subject to any provision of this Act, the rules or any other |
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| | legislation, or any order of the court— |
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| | (a) | requiring a decision to be made, or prohibiting a decision from being |
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| | made, by a particular creditors’ decision procedure (other than a |
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| | (b) | permitting or requiring a decision to be made by a creditors’ meeting.” |
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| Clause 111, page 88, line 21, leave out “a person’s” and insert “an individual’s” |
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| Clause 111, page 88, line 22, leave out from first “matter” to end of line 30 and |
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| | (a) | a decision about the matter is required by virtue of this Act, the rules or |
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| | any other legislation to be made by a creditors’ decision procedure, or |
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| | (b) | the court orders that a decision about the matter is to be made by a |
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| | creditors’ decision procedure. |
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| | ( ) | If the rules provide for an individual’s creditors to make a decision about the |
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| | remuneration of any person, they must provide that the decision is to be made by |
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| | a creditors’ decision procedure.” |
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| | Negatived on division 220 |
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| Clause 111, page 88, line 41, at end insert— |
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| | “(4A) | The deemed consent procedure may not be used where the insolvency practitioner |
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| | judges that a face-to-face meeting would incur no additional cost saving to |
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| Clause 111, page 88, line 42, leave out from “Otherwise” to end of line 43 and |
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| | “(a) | the creditors are to be treated as not having made a decision about the |
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| | (b) | if a decision about that matter is again sought from the creditors, it must |
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| | be sought using a creditors’ decision procedure.” |
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| Clause 111, page 89, line 3, leave out “participate” and insert “vote” |
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| Clause 111, page 89, leave out lines 4 to 8 |
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| Clause 111, page 89, line 24, at end insert— |
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| | “( ) | the rights of creditors and others to be given notice of, and participate |
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| Clause 111, page 89, line 25, leave out “participate” and insert “vote” |
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| Clause 111, page 89, line 26, after “participate” insert “or vote” |
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| | Clause, as amended, Agreed to. |
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| Clause 112, page 90, line 14, after “participate” insert “and vote” |
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| | Clause, as amended, Agreed to. |
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| Clause 113, page 91, line 28, after “participate” insert “and vote” |
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| | Clause, as amended, Agreed to. |
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| Page 92, line 29, leave out Clause 114 |
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| | Clauses 115 and 116 Agreed to. |
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| | Negatived on division 221 |
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| Clause 117, page 93, line 28, after “(administration)”, insert “which relates to pre |
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| | Negatived on division 222 |
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| Clause 117, page 93, leave out line 36. |
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| Clause 117, page 94, line 27, after sub-paragraph (6) insert— |
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| | “(6A) | Regulations under this paragraph may only be made in relation to pre-packaged |
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| | (6B) | For the purposes of this paragraph a pre-packaged sale is an arrangement under |
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| | which the sale of all or part of a company’s business or assets is negotiated with |
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| | a purchaser prior to the appointment of the administrator and the administrator |
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| | effects the sale immediately on, or shortly after, his appointment.” |
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| Clause 119, page 95, line 21, leave out “an amount prescribed by the rules” and |
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| | Negatived on division 224 |
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| Clause 120, page 95, line 30, leave out “an amount prescribed by the rules” and |
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| | Negatived on division 225 |
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| Schedule 9, page 215, line 41, leave out paragraph 6 |
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| Clause 122, page 96, line 17, leave out “approved the” and insert “decided whether |
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| to approve the proposed voluntary” |
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| | Clause, as amended, Agreed to. |
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