§ Lord Hodgson of Astley Abbotts
asked Her Majesty's Government:
Why the date for the coming into force of part of the Enterprise Act 2002 by means of the Enterprise Act 2002 (Commencement No. 5 and Amendment Order) SI 3340/2003 was advanced from 1 April 2004 to 18 December 2003. [HL1257]
§ Lord Sainsbury of Turville
The order made provision for the earlier commencement of Sections 270(1), (2) and (4) and Section 271 of the Enterprise Act 2002. These sections relate to the power for the Secretary of State to require fees to be payable in connection with: (a) the grant or maintenance of recognition of a body under Section 391 and 393 of the Insolvency Act 1986 (i.e. the authorisation of insolvency practitioners), and (b) the operation of the Insolvency Services Account.
Subsequently, the Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003 SI 2003 No. 3363 was made on 30 December 2003. This order made provision in relation to the payment of fees for authorised insolvency practitioners and the operation of the Insolvency Services Account. The order provided for the earlier commencement of Article 2(3) on 30 January 2004 with all other provisions coming into force on 1 April 2004.
Article 2(3) provides that each body recognised pursuant to Section 391 shall on or before 31 January in each year submit to the Secretary of State a list of its members who as at 1 January in that year were authorised to act as insolvency practitioners by virtue of membership of that body.
The Insolvency Service has subsequently written to all the recognised bodies requiring them to submit the list of members. This will enable the Insolvency Service to recover fees in respect of the maintenance of the bodies' recognition with effect from 1 April 2004.