Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments
255

36
In section 343 (extortionate credit transactions), in subsection (1) for
“adjudged” substitute “made”.
37    (1)
Section 344 (avoidance of general assignment of book debts) is amended as
follows.
      (2)
In subsection (1) for “adjudged” substitute “made”.
5
      (3)
In subsection (2) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.
38
In section 345 (contracts to which bankrupt is a party), in subsection (1) for
“adjudged” substitute “made”.
39    (1)
Section 346 (enforcement procedures) is amended as follows.
10
      (2)
In subsections (1) and (2) for “adjudged” substitute “made”.
      (3)
In subsection (3)—
(a)
in 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
15
application or”.
      (4)
In subsection (4)(a) after “while” insert “proceedings on a bankruptcy
application are ongoing or (as the case may be)”.
40    (1)
Section 347 (distress, etc) is amended as follows.
      (2)
In subsection (2)—
20
(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”.
41
In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on
which the order was made” substitute “application for the order was made
25
or (as the case may be) the petition for the order”.
42
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
of a bankruptcy application, or
30
(b)
”.
43    (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
application or (as the case may be) the”.
35
      (3)
Omit paragraph (c), and the preceding “and”.
44    (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)
In subsection (3)(a) before “petition” insert “the making of the bankruptcy
40
application or (as the case may be) the presentation of the bankruptcy”.

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments
256

45    (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
application or (as the case may be) the presentation of the bankruptcy”.
      (3)
In subsection (3)(b) before “petition” insert “the making of the bankruptcy
5
application or (as the case may be) the presentation of the bankruptcy”.
46
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
presentation of the bankruptcy”.
47
In section 358 (absconding), in paragraph (b) before “petition” insert “the
10
making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy”.
48    (1)
Section 359 (fraudulent dealing with property obtained on credit) is
amended as follows.
      (2)
In subsection (1) before “petition” insert “the making of the bankruptcy
15
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”.
49
In section 360 (obtaining credit and engaging in business), in subsection
(1)(b) for “adjudged” substitute “made”.
20
50    (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”.
51
In section 376 (time limits), after “anything” insert “(including anything in
25
relation to a bankruptcy application)”.
52    (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”.
30
      (3)
After subsection (1) insert—
“(1A)
“Bankruptcy application” means an application to an adjudicator for
a bankruptcy order.”
      (4)
In subsection (2) for “adjudging” substitute “making”.
53
In section 383 (definition of “creditor” etc.), in subsection (1)(b)—
35
(a)
after “to whom a” insert “bankruptcy application or”, and
(b)
after “that” insert “application or”.
54
In section 384 (definitions of “prescribed” and “the rules”), in subsection (1)
omit “section 273;”.
55
In section 385 (miscellaneous definitions), in subsection (1)—
40

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments
257

(a)
before 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
5
or 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
10
section 263K(4);”.
56
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)”.
57
In section 389A (authorisation of nominees and supervisors), in subsection
15
(3)(a) for “adjudged” substitute “made”.
58
In section 390 (persons not qualified to act as insolvency practitioners), in
subsection (4)(a) for “adjudged” substitute “made”.
59    (1)
Section 415 (fees orders) is amended as follows.
      (2)
In subsection (1)—
20
(a)
after paragraph (a) omit “and”, and
(b)
at the end of paragraph (b) insert “and
(c)
the performance by an adjudicator of functions under
Part 9 of this Act,”.
      (3)
After subsection (1) insert—
25
“(1A)
An order under subsection (1) may make different provision for
different purposes, including by reference to the manner or form in
which proceedings are commenced.”
60
In section 421A (insolvent estates: joint tenancies), in subsection (9) in the
definition of “value lost to the estate”, for “adjudged” substitute “made”.
30
61
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”.
62
In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3
substitute—
35
“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.”
63    (1)
In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as
40
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

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments
258

presentation 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”.
5
      (3)
In sub-paragraph (4) omit the definition of “before petition”.
64
In Schedule 6 (categories of preferential debts), in paragraph 14(1) for
“adjudged” substitute “made”.
65    (1)
Schedule 9 (provisions capable of inclusion in individual insolvency rules)
is amended as follows.
10
      (2)
After paragraph 4 insert—
“Adjudicators
4A
Provision for regulating the practice and procedure of
adjudicators in the discharge of functions for the purposes of Part
9 of this Act.
15
4B
Provision about the form and content of a bankruptcy application
(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
20
4C
Provision about the making and determining of appeals to the
court against a determination by an adjudicator, including
provision—
(a)
enabling the court to make a bankruptcy order on such an
appeal, and
25
(b)
about where such appeals lie.”
      (4)
After paragraph 24 insert—
“24A
Provision requiring adjudicators—
(a)
to keep files and other records relating to bankruptcy
applications and bankruptcies resulting from bankruptcy
30
applications,
(b)
to make files and records available for inspection by
persons of a prescribed description, and
(c)
to provide files and records, or copies of them, to persons
of a prescribed description.
35
24B
Provision requiring an adjudicator to make returns to the
Secretary of State of the adjudicator’s business under Part 9 of this
Act.
24C
Provision requiring official receivers—
(a)
to keep files and other records relating to bankruptcy
40
applications and bankruptcies resulting from bankruptcy
applications, and

Enterprise and Regulatory Reform Bill
Schedule 20 — Unnecessary regulation: miscellaneous
Part 1 — Notification of TV sales etc
259

(b)
to make files and records available for inspection by
persons of a prescribed description.
24D
Provision requiring a person to whom notice is given under
section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—
(a)
to keep files and other records of notices given under the
5
section in question, and
(b)
to make files and records available for inspection by
persons of a prescribed description.”
66    (1)
In the Table in Schedule 10 (punishment of offences), insert the following
entry after the entry relating to section 262A(1)—
10

“263O
False
1. On indictment
1. 7 years or a

representations

fine, or both.

or omissions in
2. Summary
2. 12 months or

connection with

the statutory

a bankruptcy

maximum, or

15

application.

both.”

      (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
Criminal Justice Act 2003 (limit on magistrates’ court powers to impose
imprisonment), the reference in the fourth column to “12 months” is to be
20
read as a reference to “6 months”.
Schedule 20
Section 65

Unnecessary regulation: miscellaneous
Part 1
Notification of TV sales etc
25
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
sale or hire of televisions etc) is repealed.
2
In consequence, the repeals in the following table have effect.
30

Short title and chapter
Extent of repeal

Post Office Act 1969 (c. 48)
Section 3.

Customs and Excise
In paragraph 12 of Schedule 4, the entries in the

Management Act 1979 (c. 2)
table relating to the Wireless Telegraphy Act

1967.

35

Broadcasting Act 1990 (c. 42)
Section 180.

Part 2 of Schedule 18.

Enterprise and Regulatory Reform Bill
Schedule 20 — Unnecessary regulation: miscellaneous
Part 3 — Bankruptcy early discharge procedure
260

Short title and chapter
Extent of repeal

Communications Act 2003
Section 367.

(c. 21)
Section 393(5)(c).

Section 404(4)(d).

In Schedule 17, paragraph 39.

5

Wireless Telegraphy Act 2006
Section 111(6)(a).

(c. 36)
Section 118(6)(a).

In Schedule 7, paragraph 2.

Saving provision
3
The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
10
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
repeal.
Part 2
Water undertakers: in-area ban
15
Water Industry Act 1991 (c. 56)
4
In section 2 of the Water Industry Act 1991 (general duties with respect to
water 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).
20
Part 3
Bankruptcy early discharge procedure
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
25
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).