Scotland Bill — Clause 12 — Return of Certain Insolvency Powers from Scotland to the UK Parliament — 7 Mar 2011 at 21:00

The majority of MPs voted to return the responsibility for making laws in relation to certain elements of insolvency to from Scotland to the UK Parliament.

MPs were considering the Scotland Bill^[1]. This vote was on Clause 12, and the motion approved was:

• That the clause stand part of the Bill.

The clause provides for more powers relating to Insolvency in Scotland to be returned to the UK Parliament, including the power to "sist proceedings". (Sist means to delay, suspend or stop)

The explanatory notes to the clause^[3] state:

• This clause returns to the UK Parliament the responsibility for making law in respect of certain elements of the process for the winding up of companies in Scotland. This responsibility had previously been a matter devolved to the Scottish Parliament under the 1998 Act, which divided responsibility for winding up between the two Parliaments. Accordingly, subsection (4)^[2] omits the first and second paragraphs of the existing Exceptions to the reservation (which concern the process of winding up, effect on diligence, prior transactions and the insolvency of social landlords). The change made by this clause will leave the UK Parliament with sole responsibility for all aspects of the law covering windings up that take place in Scotland.

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• [1] Parliament's webpage on the Scotland Bill (now an Act)
• [2] Clause 12 of the Scotland Bill as at the time of the vote
• [3] Explanatory notes to the Scotland Bill

Debate in Parliament | Source |