Draft Legislative Reform (Insolvency)(Miscellaneous
Provisions) Order 2009|
10. We are considering this LRO at the second
stage of the super-affirmative procedure. The Insolvency Service
has provided an Accompanying Statement with the laying of the
11. In our 9th Report of the last session [HL
Paper 110], we expressed concern that, as it was then drafted,
the LRO might fail, in one respect, to meet the precondition that
the provision must not remove any necessary protection (section
3(2)(d) of the 2006 Act).
12. In the light of the Department's change
to the original Order, we agree that our previous concern has
been addressed. The Order now meets the tests in the 2006 Act
and is appropriate to proceed as an LRO.