UK Offence Report

The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Reports on Conduct of Directors) (Northern Ireland) Regulations 2016

UK Statutory Instrument 2016 No. 356 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
11 March 2016
In force from
6 April 2016
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
Northern Ireland The Small Business, Enterprise and Employment Act 2015, Small Business, Enterprise and Employment Act 2015

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 amend the Insolvent Companies (Reports on Conduct of Directors) Rules (Northern Ireland) 2003 (“the 2003 Rules”) in consequence of the commencement of paragraph 5 of Schedule 8 to the Small Business, Enterprise and Employment Act 2015. Regulation 2 substitutes rule 4 and the Schedule to provide that the report which Article 10A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150) (N.I. 4)) (“the Order”) requires the office-holder to prepare on a person’s conduct as director of an insolvent company is to be made using new Form DCR. Regulation 2 also substitutes rule 5 to provide that an office-holder is guilty of an offence if they fail (without reasonable excuse) to comply with Article 10A(4) or 10A(5) of the Order. On conviction for such an offence, the office-holder would be liable to a fine not exceeding level 3 on the standard scale and for continued contravention would be liable to a daily default fine. Article 10A(4) of the Order requires the office-holder to send the conduct report to the Department before the end of 3 months beginning with the insolvency date, or such longer period as the Department considers appropriate in the particular circumstances. Article 10(5) requires the office-holder to send any new information which comes to their attention to the Department as soon as reasonably practicable. Regulation 2 also revokes Rule 6. Regulation 3 requires a Minister of the Crown to review the operation and effect of the 2003 Rules and publish a report within five years after these Regulations come into force. Following the review it will fall to the Minister to consider whether the 2003 Rules should be revoked or should continue in force with or without further amendment. A further instrument would be needed to revoke the 2003 Rules or amend them. Regulation 4 provides transitional and savings provisions. A regulatory impact assessment has not been produced for this instrument as the policy was covered in a regulatory impact assessment produced by the Northern Ireland Insolvency Service with respect to provisions in the Small Business, Enterprise and Employment Act 2015 amending the Company Directors Disqualification (Northern Ireland) Order 2002. Copies of this regulatory impact assessment are available from the Legislation Unit, Insolvency Service, Fermanagh House. 20A Ormeau Avenue, Belfast BT2 8NJ.

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.

Check the source