Enterprise and Regulatory Reform Bill (HL Bill 45)

(b) in paragraph (b) before “bankruptcy petition” insert “bankruptcy
application was made or (as the case may be) the”.

27 In section 339 (transactions at an undervalue), in subsection (1) for
“adjudged” substitute “made”.

28 5In section 340 (preferences), in subsection (1) for “adjudged” substitute
“made”.

29 In section 341 (meaning of “relevant time” under sections 339 and 340), in
subsection (1)(a) for “presentation of the bankruptcy petition on which the
individual is adjudged” substitute “making of the bankruptcy application as
10a result of which, or (as the case may be) the presentation of the bankruptcy
petition on which, the individual is made”.

30 (1) Section 342 (orders under sections 339 and 340) is amended as follows.

(2) In subsection (1) for “adjudged” substitute “made”.

(3) In subsection (5)—

(a) 15for paragraph (a) substitute—

“(a) of the fact that the bankruptcy application as a result
of which, or (as the case may be) the bankruptcy
petition on which, the individual in question is made
bankrupt has been made or presented; or”, and

(b) 20in paragraph (b) for “adjudged” substitute “made”.

31 In section 342A (recovery of excessive pension contributions), in subsection
(1) for “adjudged” substitute “made”.

32 In section 343 (extortionate credit transactions), in subsection (1) for
“adjudged” substitute “made”.

33 (1) 25Section 344 (avoidance of general assignment of book debts) is amended as
follows.

(2) In subsection (1) for “adjudged” substitute “made”.

(3) In subsection (2) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.

34 30In section 345 (contracts to which bankrupt is a party), in subsection (1) for
“adjudged” substitute “made”.

35 (1) Section 346 (enforcement procedures) is amended as follows.

(2) In subsections (1) and (2) for “adjudged” substitute “made”.

(3) In subsection (3)—

(a) 35in paragraph (b) before “bankruptcy” insert “bankruptcy application
has been made or a”, and

(b) in paragraph (c) before “on that petition” insert “as a result of that
application or”.

(4) In subsection (4)(a) after “while” insert “proceedings on a bankruptcy
40application are ongoing or (as the case may be)”.

36 (1) Section 347 (distress, etc) is amended as follows.

(2) In subsection (2)—

(a) after “individual to whom” insert “a bankruptcy application or”, and

(b) before “on that petition” insert “as a result of that application or”.

(3) In subsection (3) for “adjudged” substitute “made”.

37 In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on
5which the order was made” substitute “application for the order was made
or (as the case may be) the petition for the order”.

38 In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in
subsection (1) after “applies” insert “—

(a) where an adjudicator has made a bankruptcy order as a result
10of a bankruptcy application, or

(b)”.

39 (1) Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended
as follows.

(2) In paragraph (b) before “presentation” insert “making of the bankruptcy
15application or (as the case may be) the”.

(3) Omit paragraph (c), and the preceding “and”.

40 (1) Section 354 (concealment of property) is amended as follows.

(2) In subsection (1)(c) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.

(3) 20In subsection (3)(a) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.

41 (1) Section 355 (concealment of books and papers; falsification) is amended as
follows.

(2) In subsection (2)(d) before “petition” insert “the making of the bankruptcy
25application or (as the case may be) the presentation of the bankruptcy”.

(3) In subsection (3)(b) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.

42 In section 356 (false statements), in subsection (2)(c) before “petition” insert
“the making of the bankruptcy application or (as the case may be) the
30presentation of the bankruptcy”.

43 In section 358 (absconding), in paragraph (b) before “petition” insert “the
making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy”.

44 (1) Section 359 (fraudulent dealing with property obtained on credit) is
35amended as follows.

(2) In subsection (1) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.

(3) In subsection (2) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.

45 40In section 360 (obtaining credit and engaging in business), in subsection
(1)(b) for “adjudged” substitute “made”.

46 (1) Section 364 (power of arrest) is amended as follows.

(2) In subsection (1)(a) after “to whom a” insert “bankruptcy application or a”.

(3) In subsection (2) before “presentation” insert “making of the bankruptcy
application or the”.

47 In section 376 (time limits), after “anything” insert “(including anything in
5relation to a bankruptcy application)”.

48 (1) Section 381 (definition of “bankrupt” and associated terminology) is
amended as follows.

(2) In subsection (1) for “adjudged” (in both places where it occurs) substitute
“made”.

(3) 10After subsection (1) insert—

“(1A) Bankruptcy application” means an application to an adjudicator for
a bankruptcy order.”

(4) In subsection (2) for “adjudging” substitute “making”.

49 In section 383 (definition of “creditor” etc.), in subsection (1)(b)—

(a) 15after “to whom a” insert “bankruptcy application or”, and

(b) after “that” insert “application or”.

50 In section 384 (definitions of “prescribed” and “the rules”), in subsection (1)
omit “section 273;”.

51 In section 385 (miscellaneous definitions), in subsection (1)—

(a) 20before the definition of “the court” insert—

• ““adjudicator” means a person appointed by the
  Secretary of State under section 398A;”,

(b) in the definition of “the debtor”, in paragraph (b)—

(i) before “bankruptcy petition” insert “bankruptcy application
25or a”, and

(ii) after “to whom the” insert “application or”,

(c) omit the definition of “debtor’s petition”, and

(d) before the definition of “dwelling house” insert—

• “determination period” has the meaning given in
  30section 263K(4);”.

52 In section 387 (meaning of “the relevant date”), in subsection (6)(a) after
“after” insert “the making of the bankruptcy application or (as the case may
be)”.

53 In section 389A (authorisation of nominees and supervisors), in subsection
35(3)(a) for “adjudged” substitute “made”.

54 In section 390 (persons not qualified to act as insolvency practitioners), in
subsection (4)(a) for “adjudged” substitute “made”.

55 In section 415 (fees orders), after subsection (1) insert—

“(1A) An order under subsection (1) may make different provision for
40different purposes, including by reference to the manner or form in
which proceedings are commenced.”

56 In section 421A (insolvent estates: joint tenancies), in subsection (9) in the
definition of “value lost to the estate”, for “adjudged” substitute “made”.

57 In section 424 (who may apply for an order under section 423 in respect of
transactions entered into at an undervalue), in subsection (1)(a) for
“adjudged” substitute “made”.

58 In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3
5substitute—

“3 A bankruptcy application under Part 9—

(a) has not been made before the determination date; or

(b) has been so made, but proceedings on the application have
been finally disposed of before that date.”

59 (1) 10In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as
follows.

(2) In sub-paragraph (2)—

(a) in paragraph (a), for the words from “petition” to the end substitute
“the making of the bankruptcy application or (as the case may be) the
15presentation of the bankruptcy petition and ending with the date of
the application for the bankruptcy restrictions order”, and

(b) in paragraph (j), for “presentation of the petition” substitute “the
making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy petition”.

(3) 20In sub-paragraph (4) omit the definition of “before petition”.

60 In Schedule 6 (categories of preferential debts), in paragraph 14(1) for
“adjudged” substitute “made”.

61 (1) Schedule 9 (provisions capable of inclusion in individual insolvency rules)
is amended as follows.

(2) 25After paragraph 4 insert—

“Adjudicators

4A Provision for regulating the practice and procedure of
adjudicators.

4B Provision about the form and content of a bankruptcy application
30(including an application for a review of an adjudicator’s
determination).”

(3) After paragraph 4B (as inserted by sub-paragraph (2)) insert—

“Appeals against determinations by adjudicators

4C Provision about the making and determining of appeals to the
35court against a determination by an adjudicator, including
provision—

(a) enabling the court to make a bankruptcy order on such an
appeal, and

(b) about where such appeals lie.”

(4) 40After paragraph 24 insert—

“24A Provision requiring official receivers—

(a) to keep files and other records relating to bankruptcy
applications, and

(b) to make those files and records available for inspection by
persons of a prescribed description.”

62 (1) 5In the Table in Schedule 10 (punishment of offences), insert the following
entry after the entry relating to section 262A(1)—

(2) In the application of the entry inserted by sub-paragraph (1) in relation to an
offence committed before the commencement of section 154(1) of the
15Criminal Justice Act 2003 (limit on magistrates’ court powers to impose
imprisonment), the reference in the fourth column to “12 months” is to be
read as a reference to “6 months”.

Section 64

SCHEDULE 20 Unnecessary regulation: miscellaneous

20Part 1 Notification of TV sales etc

Wireless Telegraphy Act 1967 (c. 72)Wireless Telegraphy Act 1967 (c. 72)

1 The Wireless Telegraphy Act 1967 (the remaining provisions of which make
provision for, and in connection with, the recording and notification of the
25sale or hire of televisions etc) is repealed.

2 In consequence, the repeals in the following table have effect.

Saving provision

3 The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
affect the construction of any provision mentioned in subsection (1)(i) or (ii)
of that section that continues to have effect after the commencement of the
5repeal.

Part 2 Water undertakers: in-area ban

Water Industry Act 1991 (c. 56)1991 (c. 56)

4 In section 2 of the Water Industry Act 1991 (general duties with respect to
10water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the
Water Services Regulation Authority where a licensed water supplier is
connected to a relevant undertaker).

Part 3 Bankruptcy early discharge procedure

15Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

5 In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
subsection (2) (bankrupt discharged early if official receiver files with the
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).

Section 68

20SCHEDULE 21 Licensing of copyright and performers’ rights

Part 1 Regulation of licensing bodies

1 In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—

“Schedule A1 25Regulation of licensing bodies

Codes of practice

1 (1) The Secretary of State may by regulations make provision for a
licensing body to be required to adopt a code of practice that
complies with criteria specified in the regulations.

(2) In relation to a licensing body that fails to adopt a code of practice
that it is required to adopt under provision within sub-paragraph
(1), the regulations may provide for a code of practice approved by
the Secretary of State or by a person designated by the Secretary of
5State under the regulations to have effect as a code of practice
adopted by the body.

2 Regulations under paragraph 1 may make provision as to
conditions that are to be satisfied, and procedures that are to be
followed—

(a) 10before a licensing body is required to adopt a code of
practice as described in paragraph 1(1);

(b) before a code of practice has effect as one adopted by a
licensing body as described in paragraph 1(2).

Licensing code ombudsman

3 (1) 15The Secretary of State may by regulations make provision—

(a) for the appointment of a person (the “licensing code
ombudsman”) to investigate and determine disputes
about a licensing body’s compliance with its code of
practice;

(b) 20for the reference of disputes to the licensing code
ombudsman;

(c) for the investigation and determination of a dispute so
referred.

(2) Provision made under this paragraph may in particular include
25provision—

(a) about eligibility for appointment as the licensing code
ombudsman;

(b) about the disputes to be referred to the licensing code
ombudsman;

(c) 30requiring any person to provide information, documents
or assistance to the licensing code ombudsman for the
purposes of an investigation or determination;

(d) requiring a licensing body to comply with a determination
of the licensing code ombudsman;

(e) 35about the payment of expenses and allowances to the
licensing code ombudsman.

Code reviewer

4 (1) The Secretary of State may by regulations make provision—

(a) for the appointment by the Secretary of State of a person
40(the “code reviewer”) to review and report to the Secretary
of State on—

(i) the codes of practice adopted by licensing bodies,
and

(ii) compliance with the codes of practice;

(b) 45for the carrying out of a review and the making of a report
by that person.

(2) The regulations must provide for the Secretary of State, before
appointing a person as the code reviewer, to consult persons
whom the Secretary of State considers represent the interests of
licensing bodies, licensees, members of licensing bodies, and the
5Intellectual Property Office.

(3) The regulations may, in particular, make provision—

(a) requiring any person to provide information, documents
or assistance to the code reviewer for the purposes of a
review or report;

(b) 10about the payment of expenses and allowances to the code
reviewer.

(4) In this paragraph “member”, in relation to a licensing body, means
a person on whose behalf the body is authorised to negotiate or
grant licences.

15Sanctions

5 (1) The Secretary of State may by regulations provide for the
consequences of a failure by a licensing body to comply with—

(a) a requirement to adopt a code of practice under provision
within paragraph 1(1);

(b) 20a code of practice that has been adopted by the body in
accordance with a requirement under provision within
paragraph 1(1), or that has effect as one adopted by the
body under provision within paragraph 1(2);

(c) a requirement imposed on the body under any other
25provision made under this Schedule;

(d) an authorisation under regulations under section 116A or
116B;

(e) a requirement imposed by regulations under section 116A
or 116B;

(f) 30an authorisation under regulations under paragraph 1A or
1B of Schedule 2A;

(g) a requirement imposed by regulations under paragraph
1A or 1B of that Schedule.

(2) The regulations may in particular provide for—

(a) 35the imposition of financial penalties or other sanctions;

(b) the imposition of sanctions on a director, manager or
similar officer of a licensing body or, where the body’s
affairs are managed by its members, on a member.

(3) The regulations may include provision—

(a) 40for determining whether there has been a failure to comply
with a requirement or code of practice for the purposes of
sub-paragraph (1);

(b) for determining any sanction that may be imposed in
respect of the failure to comply;

(c) 45for an appeal against the imposition of any such sanction.

(4) A financial penalty imposed under sub-paragraph (2) must not be
greater than £50,000.

(5) The regulations may provide for a determination within sub-
paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by
a person designated by the Secretary of State under the
regulations.

(6) 5The regulations may make provision for requiring a person to give
the person by whom a determination within sub-paragraph (3)(a)
falls to be made (the “adjudicator”) any information that the
adjudicator reasonably requires for the purpose of making that
determination.

10Fees

6 (1) The Secretary of State may by regulations require a licensing body
to which regulations under any other paragraph of this Schedule
apply to pay fees to the Secretary of State.

(2) The aggregate amount of fees payable under the regulations must
15not be more than the cost to the Secretary of State of administering
the operation of regulations under this Schedule.

General

7 (1) The power to make regulations under this Schedule includes in
particular power—

(a) 20to make incidental, supplementary or consequential
provision, including provision extending or restricting the
jurisdiction of the Copyright Tribunal or conferring
powers on it;

(b) to make provision for bodies of a particular description, or
25carrying out activities of a particular description, not to be
treated as licensing bodies for the purposes of
requirements imposed under regulations under this
Schedule;

(c) to make provision that applies only in respect of licensing
30bodies of a particular description, or only in respect of
activities of a particular description;

(d) otherwise to make different provision for different
purposes.

(2) Regulations under a paragraph of this Schedule may amend Part
351 or Part 2, or any other enactment or subordinate legislation
passed or made before the paragraph in question comes into force,
for the purpose of making consequential provision or extending or
restricting the jurisdiction of the Copyright Tribunal or conferring
powers on it.

(3) 40Regulations may impose requirements by reference to guidance
issued from time to time by any person.

(4) The power to make regulations is exercisable by statutory
instrument.

(5) A statutory instrument containing regulations that amend an
45enactment may not be made unless a draft of the instrument has