Guidance

Delegated powers

Updated 5 June 2020

This guidance was withdrawn on 22 February 2023

This bill became law on 25 June 2020. See the Corporate Insolvency and Governance Act 2020.

Overview

In total, there are 105 delegated powers in the Corporate Insolvency and Governance Bill, this includes both those relating to Great Britain and those relating to Northern Ireland. Just over half of these powers are Henry VIII powers. The full list of delegated powers in the Bill can be seen in the table below.

In practice, allowing for the creation of parallel powers for Great Britain and in Northern Ireland in relation to moratoriums and some other areas, as well as the creation of some corresponding powers for the relevant Ministers in Scotland or Wales, there are 38 distinct delegated powers and 17 areas where the existing general power to make insolvency rules is extended to reflect the amendments to the Insolvency Act 1986 (particularly in relation to moratoriums) made by this Bill.

Broadly the powers in this Bill:

• modify the period in which various temporary measures will apply
• modify insolvency law in response to the economic shock resulting from COVID-19 to provide flexibility
• add to the existing provisions to make detailed Insolvency Rules for the operation of insolvency law
• make changes in primary and secondary legislation in consequence of the changes being made in the Act - including a power to make such changes to the Act itself in consequence of its provisions
• provide the ability to make any technical amendments in the future to the permanent insolvency measures in specific areas
• make further provision about meetings of companies and other bodies, and extend the period within which companies and other bodies must hold AGMs
• and extend the periods within which information and notices must be given under various statutory requirements

The vast majority of the delegated powers relate to moratoriums, under half of which are Henry VIII powers. The powers, for example, allow amends to be made to: definitions; the list of documents required to be filed; the list of pre-moratorium debts that are exempt from a payment holiday; and the circumstances in which the monitor must bring the moratorium to an end.

The delegated powers relating to the prohibition of termination clauses, all of which are Henry VIII powers, amend the list of “relevant insolvency procedures” for the purposes of the provision on supply of goods and services and the list of exclusions from that provision.

The delegated powers relating to the arrangements and reconstructions for companies in financial difficulty, 3 of which are Henry VIII powers, provide the flexibility needed to deal with developments and new emergences of companies and markets in the financial services sector, and to swiftly add to or remove from the conditions of cross-class cramdown if necessary. The existing power to apply provisions in the Companies Act 2006 to limited liability partnerships is also extended to cover the new provisions for arrangements and reconstructions.

There are delegated powers (all of which are Henry VIII powers) that enable temporary amendments to be made to modify specified insolvency or corporate governance legislation and to extend the expiry date for exercising that power to make temporary amendments.

The delegated powers relating to meetings and filings, all of which are Henry VIII powers, provide a mechanism to ensure that further temporary provision may be made in relation to meetings of qualifying bodies in response to the pandemic, and that the temporary flexibilities which are introduced relating to meetings and filings can continue, and only continue, for so long as they are needed.

There are delegated powers that give powers to change periods during which the temporary provisions operate. These are Henry VIII powers.

There is a delegated power, a Henry VIII power, which gives the power to make consequential amendments, which includes a power to amend, repeal, revoke or modify the Bill itself or any existing legislation or subsequent legislation made in the same session of Parliament as this Bill.

There is a delegated power which enables transitional and savings provision to be made in connection with the coming into force of any provisions of the Bill.

List of powers in the Corporate Insolvency and Governance Bill

Where is the power	Henry VIII?	What it does	Why it is necessary	Permanent or temporary?
Moratorium
Clause 1 and section 422 of the Insolvency Act 1986	N	Extends the power provided in section 422 of the Insolvency Act to apply specified company insolvency provisions to certain types of bank so that the new moratorium provisions contained in Part A1 to the Insolvency Act (inserted by the Bill) can also be applied.	To extend the existing power so that the new moratorium provisions are included.	Permanent
Clause 1 and section A6(3): The relevant documents (rules)	N	Allows the insolvency rules to set the date on which any statement in a relevant document is to be made.	To provide flexibility to change detail around procedural matters in the Insolvency Act 1986 when there are developments in insolvency law.	Permanent
Clause 1 and section A6(4): The relevant documents	Y	Enables the SoS to amend the definition of ‘relevant documents’ which are required to accompany an application for a moratorium	To ensure the documents necessary to accompany an application for a moratorium remain fit for purpose without unduly taking up Parliamentary time.	Permanent
Clause 1 and section A10(2): Extension by directors without creditor consent (rules)	N	Allows the insolvency rules to set the date on which the statements must be made which are required for an extension of a moratorium without the creditors’ consent.	The statements are included in the documents which need to be filed at court in order to obtain the extension. This will provide flexibility.	Permanent
Clause 1 and section A10(4): Extension by directors without creditor consent	Y	Enables the SoS to change the list of documents that directors are required to file with the court for the moratorium to be extended without creditor consent.	To avoid imposing unnecessary burdens on companies, the required documents are kept to a minimum. This power will allow the list of documents to be updated to ensure they remain fit for purpose without unduly taking up Parliamentary time.	Permanent
Clause 1 and section A11(2): Extension by directors with creditor consent (rules)	N	Allows the rules to set the date on which the statements, that need to be filed at court in order to obtain an extension to the moratorium with creditor consent, must be made.	It allows the flexibility to change the date whilst allowing sufficient scrutiny when the rules are made given the requirement for prior consultation.	Permanent
Clause 1 and section A11(5): Extension by directors with creditor consent	Y	Enable the SoS to change the list of documents which the directors are required to file with the court for the moratorium to be extended with creditor consent.	To avoid imposing unnecessary burdens on companies, the required documents are kept to a minimum. This power will allow the list of documents to be updated to ensure they remain fit for purpose without taking up Parliamentary time.	Permanent
Clause 1 and section A12(6): creditor consent for the purposes of section A11	Y	Enables the SoS to change the definition of ‘pre-moratorium creditor’ who will be able to vote on whether to approve an extension of the moratorium	In order to ensure that the approval requirements remain fit for purpose, the criteria determining which creditors should be able to vote on whether to extend the moratorium with creditor consent may need to be reviewed and updates from time to time.	Permanent
Clause 1 and section A13(3): Extension by court on application of directors (rules)	N	Allows the insolvency rules to set the date on which the statements must be made in order to obtain an extension of a moratorium past 40 business days	It allows the flexibility to change the date whilst allowing sufficient scrutiny when the rules are made given the requirement for prior consultation.	Permanent
Clause 1 and section A13(9): Extension by court on application of directors	Y	Enables the Secretary of State to change the list of documents which the directors are required to file at court with an application for a court approved extension to the moratorium	To avoid imposing unnecessary burdens on companies, the required documents are kept to a minimum. This power will allow the list of documents to be updated to ensure they remain fit for purpose without unduly taking up Parliamentary time	Permanent
Clause 1 and section A17(5): Obligations to notify change in end of moratorium (rules)	N	Allows the timing of notice required relating to changes in the end of the moratorium to be set by the insolvency rules, and allows those rules to require a notice to be accompanied by other documents.	It allows for flexibility to change the timing of notice and the documents that accompany it whilst allowing sufficient scrutiny when the rules are made given the requirement for prior consultation.	Permanent
Clause 1 and section A18(4): Overview and construction of references to payment holidays (rules)	N	Allows for further clarification on what is meant by ‘goods or services’ supplied during the moratorium.	What counts as goods or services is likely to change over time. This power allows fo this to be updated.	Permanent
Clause 1 and section A18(5): Overview of construction of references to payment holidays	Y	Allows the SoS to amend the list of the types of debts that need to be paid by a company during a moratorium.	Enable the list of types of debts to be kept under review to ensure the list remains fit for purpose.	Permanent
Clause 1 and section A24(3): duty of directors to notify monitor of insolvency proceedings etc (rules)	N	Enables the insolvency rules to determine the timing of notices required for the directors of a company to notify the monitor before taking steps during a moratorium that would lead to the company entering administration or liquidation	Provides flexibility to change the timing from time to time when there are developments in insolvency practice or in other legislation which might impinge on insolvency procedures.	Permanent
Clause 1 and section A38(2) and (4): Termination of moratorium by monitor (rules)	N	Enables the insolvency rules to provide for debts that are to be disregarded by the monitor in deciding whether the company is unable to pay its debts as part of the monitor’s duty to bring the moratorium to an end. Also enables changes to be made to the timing of a notice the monitor files with the court to end the moratorium.	As this is a new procedure in the insolvency framework, it will need to be kept under review. If it is considered necessary to change them in light of evidence, this will enable amendment without primary legislation.	Permanent
Clause 1 and section A38(5): Termination of moratorium by monitor	Y	Enables the SoS to amend the circumstances in which the monitor must bring the moratorium to an end.	As this is a new procedure in the insolvency framework, it may need to be amended in the future to reflect changes made to the entry criteria and criteria that need to be met at the time of extension.	Permanent
Clause 1 and section A39(6): Replacement of monitor or additional monitor (rules)	N	Enables the insolvency rules to set the date on which a replacement monitor must file a statement with the court confirming they are a qualified to be a monitor and consent to act as one in relation to the moratorium.	Allows flexibility to change this from time to time when there are developments in insolvency practice or in other legislation which might impinge on insolvency law.	Permanent
Clause 1 and section A43(1): Challenges to monitor renumeration in insolvency proceedings (rules)	N	Allows the insolvency rules to enable an officer holder in insolvency proceedings to challenge a monitor’s renumeration in relation to a prior moratorium and allows the rules to make various procedural provision for such challenges.	The insolvency rules for England and Wales and for Scotland already contain rules to enable creditors or members to challenge an office holder’s remuneration. This power will enable similar rules.	Permanent
Clause 1 and section A48(6): Regulated companies: modifications to this Part (rules)	N	Enables the detail of a regulator’s participation in a decision-making procedure to be set out in the insolvency rules.	This is the case with existing moratorium under the Insolvency Act 1986.	Permanent
Clause 1 and section A48(14): Regulated companies: modification to this Part	Y	Enables the SoS to change the definition of ‘regulated company’.	This will allows the definition of ‘regulated company’ to be kept up to date an new activities and entities come within relevant regulated regimes.	Permanent
Clause 1 and section A49(1): Power to modify this Part etc in relation to certain companies	Y	Enables the SoS to modify the application of moratoriums to companies for which there is a special administration regime and to provide for the interaction between the moratoriums provisions and other insolvency procedures for such companies.	It allows provisions to be made to avoid conflicts between the new moratorium and specific insolvency procedures available for the relevant types of company e.g. to protect the supply of services to the public and the provision of social housing.	Permanent
Clause 1 and section A49(2): Power to modify this Part etc in relation to certain companies	Y	Enables the Welsh Minister to modify the application of moratoriums in relation to a company which is a registered social landlord and provide for the interaction between the moratoriums provisions and other insolvency procedures for social landlords.	It will ensure that there is no conflict between the new moratorium and existing procedures available in the case of social landlords registered under the Housing Act 1996.	Permanent
Clause 1 and section A49(3): Power to modify this Part etc in relation to certain companies	Y	Enables the Scottish Minister to modify the application of moratoriums in relation to a company that is a registered social landlord and provide for the interaction between the moratoriums provisions and other insolvency procedures for social landlords	It will ensure that there is no conflict between the new moratorium and existing insolvency procedures available in the case of social landlords registered under the Housing (Scotland) Act 2010.	Permanent
Clause 1 and section A49(4)	Y	Enables the SoS to amend any appropriate provision in view of the provisions made under section A49(1) to (3).	This will ensure any appropriate provision can be made to adapt legislation in the light of any regulations made under section A49(1) to (3).	Permanent
Clause 1 and section A51(4): Meaning of ‘pre-moratorium debt’ and ‘moratorium debt’	Y	Enables the SoS to amend the definitions of “pre-moratorium debt” and “moratorium debt”.	It will allow the distinction between pre-moratorium debts and moratorium debts to be kept under review to ensure the definitions remain fit for purpose and allow changes to be made rapidly, avoiding any potential impact on businesses.	Permanent
Clause 1 and section A52(1): definition of ‘the court’ (rules)	N	Enables the insolvency rules to establish which courts a company may apply to for a moratorium.	Detail such as the applicable court for proceedings in insolvency legislation is customarily set out in insolvency rules. The Insolvency Rules contain very detailed provisions about the operation of insolvency procedures under the Insolvency Act 1986.	Permanent
Clause 1 and section A52(4): definition of qualified person	Y	Enables the SoS to change the definition of a ‘qualified person’ who can act as a monitor.	In the future there might be another profession, in addition to insolvency practitioners, with a sufficiently robust regulatory framework that their members would be suitable to act as monitors. This will allow those members to be defined as ‘qualified persons’.	Permanent
Clause 1 and section A53: Regulations	N	Supplements the above powers to make regulations in relation to the new moratorium by providing that such regulations can provide differentially for different purposes and contain consequential, supplementary, incidental or transitional provision or savings.	The powers in this section supplement the regulation-making powers discussed above and are standard powers in legislation. They ensure that the principal provisions made by regulations can fit in properly with other legislation and make provision for different circumstances.	Permanent
Clause 4: Moratorium in Northern Ireland	Y (11)	This Bill makes equivalent provisions for moratorium in Northern Ireland and confers similar delegated powers (24 in total) to make regulations and rules in Northern Ireland.	Justification for the powers are the same as for the relevant power mentioned above in clause 1. These are A6(3), A6(4), A10(2), A10(4), A11(2), A11(5), A12(6), A13(3), A13(9), A17(5), A18(4), A18(5), A24(3), A38(2), A38(4), A38(5), A39(6), A43(1), A48(6), A48(14), A49(1), A51(4), A52(4) and A53	Permanent
Schedule 1: Moratoriums in Great Britain: eligible companies: Schedule ZA1: paragraph 20: eligible companies	Y	Enables the SoS to alter the circumstances in which a company is eligible for a moratorium	As the moratorium procedure is new to the insolvency framework, it will need to be monitored to determine how effective it is at helping companies in financial trouble. This will allow the criteria for a company to be eligible to enter a moratorium to be updated from time to time to ensure it remains fit for purpose.	Permanent
Schedule 1: Moratoriums in Great Britain: eligible companies: Schedule ZA1: paragraph 21: eligible companies	Y	Enables the Welsh Ministers to exclude registered social landlords from eligibility for the moratorium or, once eligibility is removed, provide for eligibility again.	It will ensure that where provision has been made under other powers for the interaction of the moratorium with the Housing Act 1996 provisions, this does not conflict or damage the objectives of the housing legislation.	Permanent
Schedule 1: GB moratoriums: eligible Companies: Schedule ZA1: paragraph 22: eligible companies	Y	Enables the Scottish Ministers to exclude registered social landlords from eligibility for the moratorium or, once eligibility is removed, provide for eligibility again.	It will ensure that where provision has been made under other powers for the interaction of the moratorium with the Housing (Scotland) Act 2010 provisions, this does not conflict or damage the objectives of the housing legislation.	Permanent
Schedule 2: Moratoriums in Great Britain: contracts involving financial services: Schedule ZA2: paragraph 13: power to amend Schedule	Y	Enables the SoS to change the definition of ‘contract or other instruments involving financial services’.	The Bill lists all types of debt that should continue to be paid to enable the company to carry on trading while also balancing the interests of key creditors and workers. The list includes “contract or other instrument involving financial services”. This power will enable the definition of “contract or other instrument involving financial services” to be kept under review, and amended if required, to ensure it remains fit for purpose.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 13: section 174A(2)(a) and (3) (rules)	N	Allows the insolvency rules to make provisions as to the order in which moratorium and pre-moratorium debts which did not have a payment holiday are to rank between themselves. This includes the fees or expenses of the official receiver which the rules can prescribe.	These are technical provisions, consistent with existing Insolvency Rules relating to the order of priority of payments of expenses in liquidation. Provisions made by rules are very detailed and are subject to periodic change.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 18: amendment to existing section 246B (rules)	N	Allows for details around how and in what circumstances notices, documents and other information can be made available on a website.	These details are technical provisions which do not need to be on the face of the Bill. The provisions made by rules are very detailed and are subject to periodic change.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 22: amendment to existing section 411 (rules)	N	Amends the existing general power to make company insolvency rules for the purpose of giving effect to the Insolvency Act 1986, so that the new Part A1 dealing with moratoriums is included.	Detail around procedural and technical matters in the Insolvency Act 1986 is generally made by rules in order that there is flexibility to change them from time to time when there are developments in insolvency practice or in other legislation which might impinge on insolvency procedures. The provisions made by rules are very detailed and are subject to periodic change.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 23: amendment to existing section 414	N	Amends the existing general power to direct that fees be paid in respect of proceedings under the Insolvency Act 1986 so that moratoriums under the new Part A1 are included.	The fees payable in respect of insolvency proceedings under the Insolvency Act 1986 need to be set and amended from time to time. This existing power enables this to be done by secondary legislation and is extended to cover moratoriums alongside other proceedings under that Act.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 24: section 415B	N	Enables the SoS to increase or reduce the limits on the amount of credit the company may obtain without disclosing the moratorium; the maximum amount for certain payments unless the monitor has consented; and the minimum value of the company’s property fraudulently removed or concealed affecting criminal liability of a company officer. The power also enables the SoS to make transitional provisions.	Monetary amounts in legislation need to be amended from time to time (and this is consistent with existing sections of Insolvency Act 1986). This power enables this to be done by secondary legislation.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 31: paragraph 64A(5) (rules)	N	Allows the rules to make provision as to the order in which moratorium and pre-moratorium debts which did not have a payment holiday are to rank between themselves.	These are technical provisions which do not need to be on the face of the Bill, consistent with existing Insolvency Rules relating to the order of priority of payments of expenses in administration.	Permanent
Schedule 3: Moratoriums in Great Britain: further amendments: paragraph 32: amendment to existing Schedule 8 (provisions capable of inclusion in company insolvency rules) (rules)	N	This amends the list in Schedule 8 to the Insolvency Act 1986 of provisions capable of being included in company insolvency rules under section 411 to reflect the new moratorium provisions	Detail around procedural and technical matters in the Insolvency Act 1986 is generally made by rules in order that there is flexibility to change them from time to time when there are developments in insolvency practice or in other legislation which might impinge on insolvency procedures.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 36: The Limited Liability Partnerships Act 2000	N	This extends the existing power in the 2000 Act to make provision in regulations the insolvency and winding up of limited liability partnerships so that the new moratorium provisions are covered.	Section 14 of the Limited Liability Partnerships Act 2000 provides a power which ensures that insolvency procedures applicable to companies can be applied to limited liability partnerships. The amendment to the power ensures that this power can be used to apply the Part A1 moratorium to limited liability partnerships.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 44: Charities Act 2011	Y	Allows necessary changes to be made to the housing legislation to take account of new insolvency measures in the Bill.	It allows for provision for insolvency law, and its interaction with procedures that are particular to the housing sector, to be made in regulations rather than on the face of the Bill.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 45: Charities Act 2011	Y	It allows the Welsh Ministers to apply the new moratorium to charitable incorporated organisations that are social landlords registered under the Housing Act 1996 and will allow for necessary changes to be made to the housing legislation to take into account the availability of the moratorium.	This power will, for example, deal with the effect of the moratorium on CIOs’ registration as a social landlord, and make provision for the interaction between other insolvency procedures available.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 52(3): Co-operative and Community Benefit Societies Act 2014	Y	This power extends the powers in Section 118 of the Co-operative and Community Benefit Societies Act 2014 to apply provisions about company arrangements and administration, to the new moratorium	It allows for the application of the new moratorium to registered societies that are private registered providers of social housing and allows for modification to the new moratorium to ensure that it interacts with the legislative framework that already governs the insolvency or registered societies that are providers of social housing and provide for the consistent application of the new moratorium across different corporate structures for such providers.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 52(4): Co-operative and Community Benefit Societies Act 2014	N	The power allows for the application by the Welsh Ministers of the new moratorium to societies that are registered social landlords under the Housing Act 1996.	It allows for modifications to the new moratorium to ensure that it interacts with the legislative framework that already governs the insolvency of registered societies that are registered social landlords and provide for the consistent application of the new moratorium across different corporate structures for such landlords.	Permanent
Schedule 3: moratoriums in Great Britain: further amendments: paragraph 52(4): Co-operative and Community Benefit Societies Act 2014	N	The power allows for the application by the Scottish Ministers of the new moratorium to societies that are registered social landlords under the Housing (Scotland) Act 2010.	It allows for modifications to the new moratorium to ensure that it interacts with the legislative framework that already governs the insolvency of registered societies that are registered social landlords and provide for the consistent application of the new moratorium across different corporate structures for such landlords.	Permanent
Schedule 4: moratoriums in Great Britain: temporary provisions in the light of Covid-19: paragraph 2: Power to turn off particular provisions of Part 2 of this Schedule early	Y	Enables the SoS to bring to and end early any temporary provision relaxing the conditions for obtaining and extending a moratorium.	If one (or more) temporary measures are no longer required as a response to COVID-19, this power enables them to be brought to an end early.	Temporary
Schedule 4: moratoriums in Great Britain: temporary provisions in the light of Covid-19: paragraph 3: Power to turn off provisions of Part 3 and 4 of this Schedule early etc	N	It provides that insolvency rules may bring to an end early the temporary rules made by paragraphs 13 to 51 and 53 to 90 so that they cease to have effect before the end of the relevant period. These temporary rules cover various matters such as the court dealing with applications, documents needed, notification requirements and timescales.	If one (or more) temporary measures are no longer required as a response to COVID-19, this power enables them to be brought to an end early.	Temporary
Schedule 5: Moratoriums in Northern Ireland: Schedule ZA1, paragraph 20: eligible companies	Y	The allows for changes to be made to the circumstances in which a company is ‘eligible’ for a moratorium in Northern Ireland.	As the moratorium procedure is new to the insolvency framework, it will need to be monitored to determine how effective it is at helping companies in financial trouble. This will allow the criteria for a company to be eligible to enter a moratorium to be updated from time to time to ensure it remains fit for purpose.	Permanent
Schedule 6: Moratoriums in Northern Ireland: Schedule ZA2, paragraph 13: Contracts involving financial services	Y	The allows for changes to be made to the meaning of ‘contract of other instrument involving financial services’ in Northern Ireland	The Bill lists all types of debt that should continue to be paid to enable the company to carry on trading while also balancing the interests of key creditors and workers. The list includes “contract or other instrument involving financial services”. This power will enable the definition of “contract or other instrument involving financial services” to be kept under review, and amended if required, to ensure it remains fit for purpose.	Permanent
Schedule 7: Moratoriums in Northern Ireland: further amendments	Y (1)	The makes equivalent provision for moratoriums in Northern Ireland as is made for Great Britain in Scje by making amendments to Northern Ireland insolvency legislation and confers similar delegated powers (9 powers) to make regulations and rules in Northern Ireland.	To confer similar delegated powers for Northern Ireland as for GB.	Permanent
Schedule 8: moratoriums in Northern Ireland: temporary provisions in the light of Covid-19: paragraph 2: Power to turn off particular provisions of Part 2 of this Schedule early	Y	Enables the Department of the Economy in Northern Ireland to bring to and end any temporary provision relaxing the conditions for obtaining and extending a moratorium.	If one (or more) temporary measures are no longer required as a response to COVID-19, this power enables them to be brought to an end early.	Temporary
Schedule 8: moratoriums in Northern Ireland: temporary provisions in the light of Covid-19: paragraph 3: Power to turn off provisions of Part 3 of this Schedule early etc	N	Enables the Department of the Economy in Northern Ireland to make rules providing for any provision in paragraphs 13 to 53 to cease to have effect before the end of the relevant period. These temporary rules cover various matters such as the court dealing with applications, documents needed, notification requirements and timescales.	If one (or more) temporary measures are no longer required as a response to COVID-19, this power enables them to be brought to an end early.	Temporary
Termination clauses in supply contracts
Clause 12: Protection of supplies of goods and services: new section 233C(1) and (2)	Y	This power allows any of paragraphs (a) to (g) of section 233B(2) (new relevant insolvency procedures) to be omitted and allows new Schedule 4ZZA (which is inserted by Schedule 12 to this Bill and which lists exclusions from new section 233B) to be amended.	Section 233B (which is inserted into the Insolvency Act 1986 by this clause) restricts a supplier from terminating contracts for the supply of goods or services to a company once it is subject to a “relevant insolvency procedure” or because of events occurring beforehand, and also restricts a supplier from making payment of outstanding charges a condition of continued supply. The relevant insolvency procedures are listed in subsection (2) paragraphs (a) to (g) and Schedule 4ZZA lists exclusions from section 233B. The power allows both these provisions to be amended to respond to developments.	Permanent
Clause 16: Protection of supplies of goods and services (Northern Ireland): new article 197C.	Y	This power does the same for NI as clause 12 discussed above does for GB.	To confer similar delegated powers for Northern Ireland as for GB.	Permanent
Arrangements and reconstructions for companies in financial difficulties
Schedule 9: Arrangements and reconstructions for companies in financial difficulties: Part 26A section 901B - power to exclude companies providing financial services etc	Y	It enables the SoS to allow the new arrangements and reconstructions of companies in financial difficulty to not apply to persons or to companies or persons specified.	This power will provide the flexibility needed to deal with developments and new emergences of companies and markets in the financial services sector. This flexibility provides an important safeguard for financial services consumers, particularly given the new provisions enabling cross-class cram down.	Permanent
Schedule 9: Arrangements and reconstructions for companies in financial difficulties: Part 26A, section 901G(6)- Sanction for compromise or arrangements where one or more classes dissent	Y	Enables the SoS to add to, remove or vary the conditions which must be satisfied before the court sanctions a compromise or arrangement where one or more classes of creditors dissent.	It will be necessary to monitor the effectiveness of the new provision in restoring business viability and whether the conditions of cross-class cramdown are operating as intended. It may prove necessary to swiftly add to or remove from the conditions of cross-class cramdown in order to ensure that the new provisions produce the correct balance between facilitating successful company rescue and providing adequate protection to dissenting creditors and members.	Permanent
Schedule 9: Arrangements and reconstructions for companies in financial difficulties: Part 26A section 901L- Power to amend Act	Y	Allows the SoS to amend the Companies Act 2006 for the purposes of, in consequence of or for giving full effect to the new Part 26A e.g. to specify certain other provisions of the Companies Act do not apply to the new arrangements and reconstructions of companies in financial difficulty, or apply in an amended form.	Will allow the effectiveness of the new arrangements and reconstructions of companies in financial difficulty to be monitored, and the new cross-class cramdown feature, in facilitating restructure and restoring business viability. This power will ensure the new arrangements are not rendered ineffective for the purpose for which they are introduced.	Permanent
Schedule 9: Arrangements and reconstructions for companies in financial difficulties: Part 26A Part 2 paragraph 21- amendment to the Limited Liability Partnerships Act 2000	N	Paragraph 21 amends section 17 of the Limited Liability Partnerships Act 2000 so that the existing power in that Act to make regulations providing for the application of company law, would now include the new arrangements and reconstructions of companies in financial difficulty.	This does not create a new power, but extends the existing power in the 2000 Act to apply provisions of the Companies Act 2006 to LLPs so that the new Part 26A of the 2006 Act (which covers the new arrangements and reconstructions of companies in financial difficulty) can also be extended to LLPs.	Permanent
Power to amend corporate insolvency or governance legislation
Clause 18: Power to amend corporate insolvency or governance legislation (Great Britain)	Y	Enables the Secretary of State to make temporary amendments to specified corporate insolvency or governance legislation so as to modify both the circumstances under which an insolvency or restructuring procedure applies and to the procedure itself; and also to change or disapply duties and liabilities of persons with corporate responsibility. This includes a power to make consequential provision.	The Government needs to be able to react with speed to changing developments in order to be able to deal with the economic consequences of the crisis. These powers will enable temporary legislative changes to be made quickly to the insolvency and business rescue regime in order that it can cope with significant and potentially unexpected future challenges caused by the impact of the Covid-19 emergency.	Temporary (30 April 2021 but extendable)
Clause 22: Power to extend the expiry date for making regulations under clause 18	Y	The expiry date for exercising the power under clause 18 is 30 April 2021 but clause 22 confers a power to substitute a later date.	The power to extend the expiry date of the provision is therefore needed, because the impact of the pandemic on insolvency case levels, and hence the need for the use of the power to make temporary provisions, may not be felt until shortly before the expiry date approaches. In this way the power acts as a contingency provision, there being no modern equivalent model of the impact of a pandemic on UK business and insolvency over time.	Temporary in effect
Clause 26: Power to amend insolvency or corporate governance legislation (Northern Ireland)	Y	Confers a corresponding power to that under clause 18 for Northern Ireland to make temporary amendments to specified corporate insolvency or governance legislation so as to modify both the circumstances under which an insolvency or restructuring procedure applies and to the procedure itself; and also to change or disapply duties and liabilities of persons with corporate responsibility. This includes a power to make consequential provision.	The Government needs to be able to react with speed to changing developments in order to be able to deal with the economic consequences of the crisis. These powers will enable temporary legislative changes to be made quickly to the insolvency and business rescue regime in order that it can cope with significant and potentially unexpected future challenges caused by the impact of the Covid-19 emergency.	Temporary (30 April 2021 but extendable)
Clause 30: Power to extend the expiry date for making regulations under clause 26	Y	This is the corresponding power for Northern Ireland to that under clause 22 for Great Britain.	The power to extend the expiry date of the provision is therefore needed, because the impact of the pandemic on insolvency case levels, and hence the need for the use of the power to make temporary provisions, may not be felt until shortly before the expiry date approaches. In this way the power acts as a contingency provision, there being no modern equivalent model of the impact of a pandemic on UK business and insolvency over time.	Temporary in Effect
Meetings and filings
Clause 37: Temporary power to extend periods for providing information to the registrar	Y	Enables the SoS to extend the periods for each of the statutory filing requirements to relieve administrative burdens on businesses who are under pressure as a consequence of the pandemic.	It is not possible to predict with certainty the path which the pandemic will take and the extent to which it will continue to impact on businesses. This power will give the Government the ability to proactively reduce or increase the periods in response to the changing needs of businesses.	Temporary (5 April 2021)
Schedule 14: paragraph 2: Meaning of “relevant period”	Y	It allows the ‘expiry date’ to be changed for the that provisions about general meetings	It provides a mechanism to ensure that the temporary flexibilities which are introduced for general meetings only continue for so long as is needed to address the exceptional circumstances which have arisen as a consequence of the pandemic.	Temporary in effect (30 September 2020 initially)
Schedule 14: paragraph 4: Qualifying meetings held during the relevant period: power to make further provision	Y	It enables the appropriate national authority to make provision about the means by which, the form in which, and the period within which, any notice or other document relating to a meeting may be given or made available.	This power is needed so that further temporary provision may be made in relation to meetings of qualifying bodies in response to the pandemic.	Temporary in effect (30 September 2020 initially)
Schedule 14: Paragraph 6: Power to extend period for holding AGMs	Y	It gives the appropriate national authority a power to extend the period within which qualifying bodies must hold an AGM.	This power is needed to give qualifying bodies additional time to hold an AGM in circumstances where they are unable to hold one because of social distancing restrictions which have been introduced in response to the pandemic.	Temporary in effect
Powers to change periods
Clause 39: Power to change period during which GB temporary provisions operate	Y	This power enables the SoS to make regulations either to extend or curtail the periods set out in the Bill during which temporary provisions operate	If it is possible to end the period early, then a power will allow that to happen. Equally if the situation requires the extension of the adaptations to insolvency law designed to help companies survive then a power will be necessary.	Temporary
Clause 40: Power to change period during which NI temporary provisions operation	Y	This power enables the Northern Ireland Department either to extend or curtail the periods set out in the Bill during which temporary provisions in Northern Ireland operate.	If it is possible to end the period early, then a power will allow that to happen. Equally if the situation requires the extension of the adaptations to insolvency law designed to help companies survive then a power will be necessary.	Temporary
Implementation of insolvency measures
Clause 41: Modified procedure for regulations for the Secretary of State	N/A	This clause does not itself create a delegated power but temporarily changes the procedure (from affirmative procedure to the negative procedure) for specified other powers dealing with moratoriums for companies subject to special administration regimes, social landlords and LLPs and dealing with moratoriums and the supply of services for CIOs.	The provisions in this Bill on moratoriums create an entirely new insolvency procedure. It is necessary to ensure that these provisions (and, in relation to CIOs, the provisions on termination clauses in supply contracts) can appropriately be extended to other entities or disapplied if they cause conflict with existing insolvency procedures. It will be necessary to enact the necessary secondary legislation quickly to ensure they are protected.	Temporary (6 months beginning with the day the Bill comes into force)
Clause 42: Modified procedure for regulations of the Welsh Ministers	N/A	This clause does not itself create a delegated power but temporarily changes the procedure for other powers in the Bill and powers in other legislation to apply insolvency legislation to CIOs.	The provisions in this Bill on moratoriums create an entirely new insolvency procedure It is necessary to ensure that these provisions can appropriately be extended to other entities Given the current impact of coronavirus, it will be necessary to enact the necessary secondary legislation quickly to ensure they are protected.	Temporary (6 months beginning with the day the Bill comes into force)
Clause 43: Modified procedure for regulations of the Scottish Minsters	N/A	This clause does not itself create a delegated power but temporarily changes the procedure for other powers in the Bill.	The provisions in this Bill on moratoriums create an entirely new insolvency procedure It is necessary to ensure that these provisions can appropriately be extended to other entities. It will be necessary to enact the necessary secondary legislation quickly to ensure they are protected.	Temporary (6 months beginning with the day the Bill comes into force)
General
Clause 44(1): Power to make consequential provision	Y	It gives the power to make consequential provision, which can included amending, repealing, revoking or modifying this Bill or any existing legislation made before the Bill becomes an Act or in the same session.	This power is needed because of the complexity of company law and insolvency law. There may be consequential changes that have been missed that are needed to make the legislation work properly in the interests of businesses, creditors and regulators. This will allows fixes to be made by amending the Bill itself.	Where the power is being used to amend or repeal this Bill: temporary (3 years beginning with the day on which the Bill is passed) In other cases: permanent
Clause 46: Commencement	N	Enables the SoS to make transitional and savings provisions in connection with the coming into force of any provisions of the Bill and to fix the day for the coming into force of the one provision in the Bill that does not come into force on Royal Assent.		Permanent