UK Offence Report

The Companies (Trading Disclosures) (Insolvency) Regulations 2008

UK Statutory Instrument 2008 No. 1897 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
16 July 2008
In force from
1 October 2008
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations further implement Article 1.5 of Directive 2003/58/EC of the European Parliament and the Council of 15th July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of insolvency (O.J. L221, 4.9.2003, p.13). Regulations 2, 3 and 4 amend the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 so as to include websites and documents in electronic form in provisions requiring the fact that a company is in administrative receivership (or, in Scotland, receivership) or administration, or that a moratorium from creditors is in force, to appear on correspondence, publications and other documents (including order forms). Where the company is in administrative receivership (or, in Scotland, receivership) or a moratorium is in force, the limitation of the requirement to documents on which the name of the company appears is removed (there is already no such requirement where the company is in administration). Regulation 5 amends section 188 of the 1986 Act and Article 159 of the 1989 Order (as already amended by regulation 7 of the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 (S.I. 2006/3429)) so as to include orders for services among the documents on which the fact that a company is being wound up must appear and remove the limitation of the requirement to documents on which the name of the company appears. A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen beyond that of the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006. Copies of the Impact Assessment produced for those Regulations can be obtained from Corporate Law and Governance, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET or from its website. Copies were placed in the libraries of both Houses of Parliament.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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