Proposed amendments
259 amendments across 40 provisions
Clause 1 62
Amendment text
Amendment text
a list by the directors of all known creditors of the company,”
Amendment text
is independent from the company,”
Amendment text
Amendment text
a statement from the directors detailing the amount owed to or from the company in outstanding late payments, including potential statutory interest and compensation under the terms of the Late Payment of Commercial Debts (Interest) Act 1998 over the relevant limitation period.”
Amendment text
Amendment text
a list by the directors of all known creditors of the company,”
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
a statement on behalf of any trade union made on behalf of employees affected by the proposed rescue of the company as a going concern,”
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
In deciding whether to make the statement under subsection (1)(e) the monitor is entitled to rely on information provided by the company unless the monitor has reason to doubt its accuracy.”
Amendment text
Amendment text
Amendment text
Amendment text
For small businesses, in this Chapter, the initial period in relation to a moratorium means the period of 30 business days beginning with the business day after the day on which the moratorium comes into force.”
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
Amendment text
Amendment text
Amendment text
banks and other financial creditors may not seek to accelerate payment.”
Amendment text
Amendment text
However, the court may not give permission for the disposal of any property or asset under subsection (1) which has been pledged to the company’s defined benefit pension scheme unless the Pension Protection Fund has given prior permission for its disposal.”
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
Amendment text
Challenge brought by Board of the Pension Protection Fund
Amendment text
Amendment text
Power to make provision in connection with pension schemes
Amendment text
Amendment text
““employer”, in relation to a pension scheme—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
goods and services where the supplier is a small entity as defined in section 13(4) to (10) of this Act at the time the company becomes subject to the procedure.
Amendment text
““money purchase scheme” has the meaning given by section 181(1) of the Pension Schemes Act 1993;”
Amendment text
the prescribed part of a company’s net property available for the satisfaction of unsecured debts under section 176A of the Insolvency Act 1986”
Amendment text
““occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;
Amendment text
Amendment text
banks and other financial creditors may not seek to accelerate payment, or apply new fees and interest rates other than to reflect market-wide changes, including base rate or interbank lending rate changes”.
Amendment text
This section does not apply in relation to a floating charge that is—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
However, the court may not give permission for the disposal of any property or asset under subsection (1) which has been pledged to the company’s defined benefit pension scheme unless the Pension Protection Fund has given prior permission for its disposal.”
Amendment text
The Secretary of State must provide a definition of the role of the monitor with regards to its relationship to—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Subsection (1) does not apply to a provision in an instrument creating a floating charge that is—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
Amendment text
“Review of the moratorium in Great Britain
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Moratoriums in Great Britain: time-limited effect and renewal
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 4 20
Amendment text
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
Amendment text
Amendment text
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
Amendment text
Challenge brought by Board of the Pension Protection Fund
Amendment text
Amendment text
Power to make provision in connection with pension schemes
Amendment text
““employer”, in relation to a pension scheme—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
““money purchase scheme” has the meaning given by section 176(1) of the Pension Schemes (Northern Ireland) Act 1993;”
Amendment text
““occupational pension scheme” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993;
Amendment text
Amendment text
banks and other financial creditors may not seek to accelerate payment, or apply new fees and interest rates other than to reflect market-wide changes, including base rate or interbank lending rate changes”.
Amendment text
This Article does not apply in relation to a floating charge that is—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Conflicts of interest
Amendment text
Paragraph (1) does not apply to a provision in an instrument creating a floating charge that is—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
“Review of the moratorium in Northern Ireland
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Moratoriums in Northern Ireland: time-limited effect and renewal
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 7 2
Amendment text
“Administration in Great Britain: revival of power about sales to connected persons
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Administration in Northern Ireland: power about sales to connected persons
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 10 5
Amendment text
Amendment text
Subsection (1) applies in relation to claims whose underlying facts arose during the period beginning with 1 March 2020 and ending with the day on which this section comes into force only insofar as the court is satisfied that those facts were related to the effects of coronavirus.”
Amendment text
“, unless the court has reason to suspect the person was in breach of the general duties under sections 171 to 177 of the Companies Act 2006 during the relevant period.”
Amendment text
Amendment text
Clause 11 4
Amendment text
Amendment text
Subsection (1) applies in relation to claims whose underlying facts arose during the period beginning with 1 March 2020 and ending with the day on which this section comes into force only insofar as the court is satisfied that those facts were related to the effects of coronavirus.”
Amendment text
Amendment text
Clause 12 2
Amendment text
This section does not apply in relation to a contract for the supply of goods or services to a company where the supplier is not in its first financial year at the relevant time and meets at least two of the following conditions in the most recent financial year--
Amendment text
Clause 13 3
Amendment text
Amendment text
Amendment text
Clause 17 13
Amendment text
Amendment text
“Review of pre-pack transactions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Administration: sale to connected persons
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
“Ring-fence for unsecured creditors
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Review of pre-pack transactions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Trade union representation in restructuring process
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Ring-fence for unsecured creditors
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Administration: sale to connected persons
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Mandatory referral of connected party pre-pack proposals to the Pre-Pack Pool
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Insolvency provisions: impact on court
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Insolvency event: Great Britain
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Insolvency event: Northern Ireland
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 20 2
Amendment text
the need for the provision made by the regulations is urgent,”
Amendment text
that there is an urgent need to do so and that it would not be reasonably practicable to enact primary legislation within the period within which it was considered necessary to act,”
Clause 21 3
Amendment text
The Secretary of State must lay a report before Parliament every three months reviewing the use of regulations under section 18.”
Amendment text
The Secretary of State must lay a report before Parliament every three months reviewing the use of regulations under section 18.”
Amendment text
has financially harmed small or medium-sized companies or unsecured creditors,”
Clause 22 5
Amendment text
after the period of one year beginning with the date for the time being specified in subsection (1), or
Amendment text
Amendment text
Amendment text
may not substitute a date that is later than two years after the day on which this Act was passed,”
Amendment text
Clause 23 1
Amendment text
A statutory instrument containing regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament”
Clause 24 4
Amendment text
regulations made under section 23 which make provision by amending an Act or an Act of the Scottish Parliament,”.
Amendment text
Where regulations cease to have effect as a result of subsection (3) that does not—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament, if the regulations amend primary legislation, and
Clause 28 1
Amendment text
the need for the provision made by the regulations is urgent,”
Clause 29 1
Amendment text
has financially harmed small or medium-size businesses or unsecured creditors,”
Clause 30 2
Amendment text
after the period of one year beginning with the date for the time being specified in subsection (1), or
Amendment text
Clause 32 3
Amendment text
Amendment text
Where regulations cease to have effect as a result of subsection (3) that does not—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 33 3
Amendment text
regulations made under section 31 by the Secretary of State which make provision by amending an Act,”
Amendment text
Where regulations cease to have effect as a result of subsection (3) that does not—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 34 1
Amendment text
“Review of the Small Business Commissioner in relation to insolvency
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 37 2
Amendment text
A statutory instrument containing regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament”
Amendment text
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament, if the regulations amend primary legislation, and
Clause 38 3
Amendment text
“Financial Reporting Council
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Corporate governance: reforms
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Verification of individuals
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 39 4
Amendment text
Amendment text
Amendment text
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”
Amendment text
Clause 40 3
Amendment text
Amendment text
Amendment text
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”
Clause 41 4
Amendment text
Amendment text
Amendment text
provision under section A49A(1) of the Insolvency Act 1986 (moratorium: power to make provision in connection with pension schemes);”
Amendment text
“regulations that are subject to the made affirmative procedure” means regulations that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 42 2
Amendment text
Amendment text
“regulations that are subject to the made affirmative procedure” means regulations that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 43 4
Amendment text
Amendment text
Amendment text
For the purposes of this section “regulations that are subject to the made affirmative procedure” means regulations that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
“Modified procedure for regulations of Northern Ireland departments
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Schedule 1 9
Amendment text
A company is excluded from being eligible unless, before the filing date, it has consulted all the persons who are the appropriate representatives of any of the employees who may be affected by the proposed moratorium or by any reasonably foreseeable consequences of it about those matters.”
Amendment text
Amendment text
Amendment text
A company is excluded from being eligible if, on the filing date, it has outstanding unpaid tax, national insurance or pension payments in respect any employees of the company, other than directors.”
Amendment text
A company is excluded from being eligible if, on the filing date, it has any outstanding unpaid remuneration (including redundancy payments) to any of its workers, other than directors.”
Amendment text
A company is excluded from being eligible unless, on the filing date, any alleged or proven breach of a sex equality clause under section 66 of the Equality Act 2010 or of a sex equality rule under section 67 of that Act is redressed immediately in respect of the past and eliminated for the future, to the monitor's satisfaction.”
Amendment text
A company is excluded from being eligible if, on the filing date, it has failed to publish the information required by section 78 of the Equality Act 2010 and the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 by the required date specified.”
Amendment text
Amendment text
Schedule 2 5
Amendment text
a master agreement for securities financing transactions.”
Amendment text
a master agreement for derivatives.
Amendment text
a master agreement for spot contracts.”
Amendment text
“Capital market investment” has the meaning given by paragraph 14 of Schedule ZA1.”
Amendment text
Schedule 3 10
Amendment text
priority pre-moratorium debts (within the meaning given by section 174A).”
Amendment text
Amendment text
In subsection (2)(b) “priority pre-moratorium debt” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
The Secretary of State may by regulations made by statutory instrument amend this section for the purposes of changing the definition of “moratorium debt” or “priority pre-moratorium debt” in this section.
Amendment text
Any rules made under section A18(4) (meaning of supply of goods or services) apply also for the purposes of subsection (2A)(a)(ii) of this section.
Amendment text
priority pre-moratorium debts (within the meaning given by section 174A).”
Amendment text
Amendment text
Amendment text
Amendment text
Schedule 4 5
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Schedule 5 2
Amendment text
Amendment text
Schedule 6 4
Amendment text
a master agreement for securities financing transactions.”
Amendment text
a master agreement for derivatives.
Amendment text
a master agreement for spot contracts.”
Amendment text
“Capital market investment” has the meaning given by paragraph 14 of Schedule ZA1.”
Schedule 7 9
Amendment text
Amendment text
priority pre-moratorium debts (within the meaning given by Article 148A);”
Amendment text
Amendment text
In paragraph (2)(b) “priority pre-moratorium debt” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Regulations may amend this Article for the purposes of changing the definition of “moratorium debt” or “priority pre-moratorium debt” in this Article.
Amendment text
Any rules made under Article 13D(4) (meaning of supply of goods or services) apply also for the purposes of paragraph (2A)(a)(ii) of this Article.
Amendment text
priority pre-moratorium debts (within the meaning given by Article 148A).”
Amendment text
Amendment text
Schedule 8 3
Amendment text
Amendment text
Amendment text
Schedule 9 26
Amendment text
Amendment text
in the case of a moratorium under Part A1 of the Insolvency Act 1986, has the same meaning as in section 174A of that Act;
Amendment text
“901HA Pension schemes
Amendment text
Amendment text
in the case of a moratorium under Part A1 of the Insolvency Act 1986, has the same meaning as in section 174A of that Act;
Amendment text
Amendment text
No proposed compromise or arrangement may be put into effect unless the court has ruled that conditions A, B and C have been met.”
Amendment text
the purposes of the compromise or arrangement include the purpose of ensuring that all unpaid tax, national insurance and pension payments in respect of every worker of the company, other than directors, is paid on or before the date the compromise or arrangement comes into effect.”
Amendment text
the compromise or arrangement ensures that all unpaid remuneration (including redundancy payments) to every worker of the company, other than directors, is paid on or before the date the compromise or arrangement comes into effect.”
Amendment text
the purposes of the compromise or arrangement include the purpose of ensuring that, at the date the compromise or arrangement comes into effect, any alleged or proven breach of a sex equality clause under section 66 of the Equality Act 2010 or of a sex equality rule under section 67 of that Act is redressed immediately in respect of the past and eliminated for the future, to the monitor's satisfaction.”
Amendment text
Condition C is that all obligations of the company to any pension scheme have priority over all other creditors in the proposed compromise or arrangement.”
Amendment text
Condition C is that at least 30 per cent of any proceeds of the sale of any assets in consequence of the compromise or arrangement by way of the elimination, reduction, prevention or mitigation of the effect of any of the financial difficulties that are affecting, or will or may affect, the company's ability to carry on business, are used for the purpose of satisfying unsecured creditors.”
Amendment text
Condition C is that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Condition C is that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Condition C is that the company gives an undertaking to the court that for three years from the date of the court’s approval of the proposed compromise or arrangement it will not—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
In this section “worker” has the meaning given by section 296 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of worker and related expressions).”
Amendment text
Involvement of Pension Protection Fund
Amendment text
Trade union involvement
Amendment text
Amendment text
Amendment text
Amendment text
in sub-paragraph (1)”
Amendment text
Amendment text
in sub-paragraph (2), after “recognised investment exchange” insert “(other than the reference to “an authorised person” in section 355B(2)(a))”.”
Amendment text
“355B Enforcement of requirements imposed by section 355A
Amendment text
Sections 197, 198 and 202A of the Banking Act 2009, and sections 201 and 202 of that Act, so far as relating to those sections, apply in relation to a failure by an infrastructure company to comply with subsection (2) or (3) above as they apply in relation to a compliance failure within the meaning of Part 5 of that Act.”
Schedule 10 6
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Schedule 11 5
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Schedule 12 5
Amendment text
a master agreement for securities financing transactions”
Amendment text
a master agreement for derivatives.
Amendment text
a master agreement for spot contracts.”
Amendment text
“Capital market investment” has the meaning given by paragraph 14 of Schedule ZA1.”
Amendment text
“Aircraft equipment
Schedule 13 5
Amendment text
a master agreement for securities financing transactions.”
Amendment text
a master agreement for derivatives.
Amendment text
a master agreement for spot contracts.”
Amendment text
“Capital market investment” has the meaning given by paragraph 14 of Schedule ZA1.”
Amendment text
“Aircraft equipment
Schedule 14 6
Amendment text
Amendment text
A statutory instrument containing regulations made by the Secretary of State under paragraph 2(2)(b) of this Schedule or containing regulations made by the Secretary of State or the Treasury under paragraph 4 or 6 of this Schedule must be laid before Parliament as soon as reasonably practicable after being made.
Amendment text
a charitable organisation established by any enactment, and
Amendment text
Amendment text
A statutory instrument containing regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament”