Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 20 — Debt relief orders: consequential amendments
Part 1 — Amendments to the Insolvency Act 1986
286

251O(2)(b)
False
1. On
7 years or a fine,

representations or
indictment
or both.

omissions in
2.
12 months or the

connection with
Summary
statutory

duty in relation to

maximum, or

5

an application for

both.

a debt relief order.

251O(4)(a)
Failing to comply
1. On
2 years or a fine,

with duty in
indictment
or both.

connection with a
2.
12 months or the

10

debt relief order.
Summary
statutory

maximum, or

both.

251O(4)(b)
False
1. On
7 years or a fine,

representations or
indictment
or both.

15

omissions in
2.
12 months or the

connection with a
Summary
statutory

duty in relation to

maximum, or

a debt relief order.

both.

251P(1)
Failing to deliver
1. On
7 years or a fine,

20

books, records and
indictment
or both.

papers to official
2.
12 months or the

receiver,
Summary
statutory

concealing or

maximum, or

destroying them

both.

25

or making false

entries in them by

person in respect

of whom a debt

relief order is

30

made.

251P(2)
Person in respect
1. On
7 years or a fine,

of whom debt
indictment
or both.

relief order is
2.
12 months or the

made doing
Summary
statutory

35

anything falling

maximum, or

within paragraphs

both.

(c) to (e) of section

251P(1) during the

period of 12

40

months ending

with the

application date or

doing anything

falling within

45

paragraphs (b) to

(e) of section

251P(1) after that

date but before the

effective date.

50

251Q(1)
Fraudulent
1. On
2 years or a fine,

disposal of
indictment
or both.

property by
2.
12 months or the

person in respect
Summary
statutory

of whom a debt

maximum, or

55

relief order is

both.

made.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 20 — Debt relief orders: consequential amendments
Part 2 — Amendments to other legislation
287

251R(1)
Disposal of
1. On
7 years or a fine,

property that is
indictment
or both.

not paid for by
2.
12 months or the

person in respect
Summary
statutory

of whom a debt

maximum, or

5

relief order is

both.

made.

251R(2)
Obtaining
1. On
7 years or a fine,

property in respect
indictment
or both.

of which money is
2.
12 months or the

10

owed by a person
Summary
statutory

in respect of whom

maximum, or

a debt relief order

both.

is made.

251S(1)
Person in respect
1. On
2 years or a fine,

15

of whom a debt
indictment
or both.

relief order is
2.
12 months or the

made obtaining
Summary
statutory

credit or engaging

maximum, or

in business

both.”

20

without disclosing

his status or name.

      (4)
In the application of those entries in relation to offences committed before
the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
(limit on magistrates’ court powers to impose imprisonment), the references
25
in the fourth column to “12 months” are to be read as references to “6
months”.
Part 2
Amendments to other legislation
16    (1)
Section 11(1) of the Company Directors Disqualification Act 1986 (c. 46)
30
(undischarged bankrupts) (as substituted in relation to England and Wales
by the Enterprise Act 2002 (c. 40)) is amended as follows.
      (2)
At the end of paragraph (a) (before “or”) insert—
“(aa)
a moratorium period under a debt relief order applies in
relation to him,”.
35
      (3)
In paragraph (b) after “bankruptcy restrictions order” insert “or a debt relief
restrictions order”.
17
In section 183(2) of the Employment Rights Act 1996 (c. 18) (insolvency of an
employer who is individual), in paragraph (a) before sub-paragraph (i)
insert—
40
“(ai)
a moratorium period under a debt relief order applies
in relation to him,”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 21 — Regulations under sections 106 and 108
288

Schedule 21
Sections 106 and 108

Regulations under sections 106 and 108
1
The first column of this table lists the matters referred to in sections 106(3)
and 108(5).
2
A matter listed in the first column includes the aspects set out in the
5
appropriate part of the second column.

Matter about which
Including these aspects:

particular provision may be made:

1.
The scheme operator.
(a)
The constitution of the scheme operator.

(b)
The governance of the scheme operator.

10

(c)
The size of the scheme operator’s

undertaking.

(d)
The financial standing of the scheme

operator.

(e)
Whether or not a scheme operator is a

15

profit-making organisation.

2.
The terms of a debt
(a)
The non-business debtors to whom the

management scheme.

scheme is open.

(b)
The kinds of debts which may be specified

in a plan arranged in accordance with the

20

scheme.

3.
The operation of a debt
(a)
How decisions are made about whether

management scheme.

debt repayment plans are to be arranged.

(b)
How debt repayment plans are arranged.

(c)
How decisions are made about the terms

25

of debt repayment plans, including

decisions about—

(i)
what payments will be required in

relation to the specified debts;

(ii)
the amounts, times and recipients

30

of payments;

(iii)
the duration of the plan.

(d)
The format of debt repayment plans.

(e)
When debt repayment plans begin to have

effect.

35

(f)
How changes are to be made to debt

repayment plans (including the

specification of debts after a plan has been

arranged).

Tribunals, Courts and Enforcement Bill [HL]
Schedule 22 — Compulsory purchase: consequential amendments
289

Matter about which
Including these aspects:

particular provision may be made:

(g)
How decisions are made about whether

debt repayment plans are to be terminated.

(h)
How debt repayment plans are

5

terminated.

4.
Changes that affect the

scheme operator.

5.
Changes to—
(a)
Whether changes may be made.

(i)
management
(b)
How changes are made.

10

6.
The transfer of the
(a)
Whether the operation of the scheme may

operation of a debt

be transferred.

management scheme to
(b)
How the operation of the scheme is

another body.

transferred.

Schedule 22
15
Section 134

Compulsory purchase: consequential amendments
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
1
In Part 2 of Schedule 1 to the Local Government (Miscellaneous Provisions)
Act 1976 (compulsory purchase of rights: adaptation of 1965 Act), in
paragraph 9 for “sheriff’s warrant” substitute “enforcement officer’s or
20
sheriff’s warrant”.
Local Government, Planning and Land Act 1980 (c. 65)
2
In Part 4 of Schedule 28 to the Local Government, Planning and Land Act
1980 (acquisition of rights), in paragraph 23(4) for “sheriff’s warrant”
substitute “enforcement officer’s or sheriff’s warrant”.
25
Highways Act 1980 (c. 66)
3
In Part 2 of Schedule 19 to the Highways Act 1980 (compulsory acquisition
of rights: adaptation of 1965 Act), in paragraph 9 for “sheriff’s warrant”
substitute “enforcement officer’s or sheriff’s warrant”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 22 — Compulsory purchase: consequential amendments
290

Gas Act 1986 (c. 44)
4
In Part 2 of Schedule 3 to the Gas Act 1986 (compulsory acquisition of land
and rights: procedure etc), in paragraph 10 for “sheriff’s warrant” substitute
“enforcement officer’s or sheriff’s warrant”.
Channel Tunnel Act 1987 (c. 53)
5
5
In Part 3 of Schedule 5 to the Channel Tunnel Act 1987 (supplementary
provisions as to acquisition of land), in paragraph 8(d) for “sheriff’s
warrant” substitute “enforcement officer’s or sheriff’s warrant”.
Housing Act 1988 (c. 50)
6
In Part 3 of Schedule 10 to the Housing Act 1988 (acquisition of rights), in
10
paragraph 23(2), for “sheriff’s warrant” substitute “enforcement officer’s or
sheriff’s warrant”.
Electricity Act 1989 (c. 29)
7
In Part 2 of Schedule 3 to the Electricity Act 1989 (compulsory acquisition of
land and rights: procedure etc), in paragraph 11 for “sheriff’s warrant”
15
substitute “enforcement officer’s or sheriff’s warrant”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
8
In Part 3 of Schedule 20 to the Leasehold Reform, Housing and Urban
Development Act 1993 (acquisition of rights), in paragraph 23(2) for
“sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
20
Channel Tunnel Rail Link Act 1996 (c. 61)
9
In Part 3 of Schedule 4 to the Channel Tunnel Rail Link Act 1996
(supplementary provisions as to acquisition of land), in paragraph 9(5), for
“sheriff’s warrant” there is substituted “enforcement officer’s or sheriff’s
warrant”.
25
Regional Development Agencies Act 1998 (c. 45)
10
In Part 2 of Schedule 5 to the Regional Development Agencies Act 1998
(acquisition of rights), in paragraph 5(2), for “sheriff’s warrant” there is
substituted “enforcement officer’s or sheriff’s warrant”.
Postal Services Act 2000 (c. 26)
30
11
In Part 2 of Schedule 5 to the Postal Services Act 2000 (acquisition of land and
rights: procedure etc), in paragraph 10, for “sheriff’s warrant” there is
substituted “enforcement officer’s or sheriff’s warrant”.