One Minute With Glen Davis QC & Marcus Haywood, Editors of the Butterworths Insolvency Law Handbook

One Minute With Glen Davis QC & Marcus Haywood, Editors of the Butterworths Insolvency Law Handbook

What new insolvency legislation do practitioners need to know?

Royal assent has recently been given to two Acts which make some significant changes to insolvency legislation namely:

  • The Small Business, Enterprise and Employment Act 2015 ("SBEEA"); and
  • Deregulation Act 2015 ("the Deregulation Act")

The insolvency related provisions of both of these Acts are included in the seventeenth edition of the Butterworths’ Insolvency Law Handbook. In addition, the Handbook contains the changes to the Insolvency Rules 1986 made by the Insolvency (Amendment) Rules 2015 and the insolvency related provisions of the Co-operative and Community Benefit Societies Act 2014 and the Pension Schemes Act 2015. Significant changes to the Scottish insolvency regime made by the Insolvency (Scotland) Amendment Rules 2014 and the Bankruptcy and Debt Advice (Scotland) Act 2014 are also included in the book.

What are key insolvency related changes brought about by SBEEA?

In July 2013 the Department for Business, Innovation and Skills consulted by seeking feedback to a discussion paper, amongst other things, on measures to strengthen the director disqualification regime. The Government response to the consultation was published in April 2014, and the proposals made included those to provide a new ground for disqualifying a director convicted abroad of a company-related offence; changes to the matters that a court must take into account when considering a disqualification and measures to provide a process for pursuing compensation for creditors following the disqualification of a director. Part 9 of SBEEA contains measures that seek to put these proposals into legislation. No date for the commencement of these provisions has yet been set. However, the changes, when acted, will be significant. They include the following:

  • Convictions Abroad

Section 104 of SBEEA introduces a new ground for bringing disqualification proceedings under the Company Directors Disqualification Act 1986 (“CDDA 1986”). It allows the Secretary of State to apply to the court for the disqualification as a director of a person who has been convicted of certain offences overseas.

  • Persons instructing unfit directors

Section 105 of SBEEA inserts new sections into the CDDA 1986 to introduce a new ground for disqualification for persons who are not directors but who ex

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