Insolvency Law Reform (Transitional Provisions) Regulation 2016

The instrument operates by manipulating a small set of foundational concepts used in the Insolvency Law Reform Act 2016 and the Insolvency Practice Schedule (Bankruptcy). Those concepts are used in narrowly targeted ways in this regulation; the text supplies replacements or clarifications for transitional application.

• Commencement day. The regulation ties its own commencement to the commencement of Schedule 1 to the Insolvency Law Reform Act 2016 (section 2(1)). It then, by specific direction in section 4(1), makes certain references that would otherwise say "commencement day" read as 1 September 2017 for Divisions 3 and 5 of Part 3, except for items 169 and 175. Practitioners must therefore distinguish three times: the instrument’s own commencement (linked to Schedule 1), the various commencement-day references within Part 3, and the specific 1 September 2017 date substituted into Divisions 3 and 5.

• Ongoing administration, for Divisions 3 and 5 purposes. Section 4(2) replaces the definition of "ongoing administration of a regulated debtor’s estate" in item 102 of Part 3, but only for Divisions 3 and 5. The substitution defines an ongoing administration as one that started before 1 September 2017 and ends after that day. The effect is a temporal boundary: where an administration straddles 1 September 2017, it is captured as an ongoing administration for those Divisions.

• Part 3 application rules. The substituted item 127 in Schedule 1 (Schedule 1, item 4 of the regulation) states the general rule that Part 3 of the Insolvency Practice Schedule (Bankruptcy) applies to administrations of regulated debtors' estates that start on or after 1 September 2017, and applies to ongoing administrations "in accordance with this Division". This sets a two-tier application rule: new administrations on/after 1 September 2017 come fully within Part 3; earlier-starting administrations that are ongoing on that date are addressed by the transitional rules (see Schedule 1, item 4).

• Continuation of old committee processes. Schedule 1, item 2 (a substitution of item 118) preserves the operation of committee steps taken under the "old Act" where the Inspector‑General convened a committee before the commencement day and the committee had not made a decision before that day. Paragraph (2) says that despite repeal of sections 155H and 155I of the old Act, those sections continue to apply after commencement in relation to the trustee as if they had not been repealed. Paragraph (3) then maps a committee decision, after the commencement day, that a trustee should cease to be registered into a decision under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel registration. Paragraph (4) maps a committee decision to continue registration subject to condition into the equivalent current law mechanism (Subdivision C of Division 20).

• Application of consequential amendments. Section 5(2) lists particular items of the Insolvency Law Reform Act 2016 (Part 2 of Schedule 1) that the regulation declares to apply in relation to administrations of regulated debtors’ estates on and after 1 September 2017. The list includes both broad numeric ranges and two partial extents related to subsection 277B(2) of the Bankruptcy Act 1966 (items 89 and 90).

• Temporal adjustments to reporting years and procedural dates. Several entries in Schedule 1 of the regulation change date references, for example replacing "2017" with "2018" in the headings and subitems regarding administration returns (Schedule 1, items 7-8), and inserting the phrase "on and after 1 September 2017" into multiple other items (Schedule 1, items 5 and 9-17). These textual changes shift the operative timing of certain requirements.

All of the above are textual, transitional devices: the regulation changes which parts of the new Schedule (Part 3) operate against which administrations and preserves certain procedural decisions by mapping them into the new administrative framework. The regulation is explicit about which Divisions and items are affected, and about the one-off replacement definition of "ongoing administration" for Divisions 3 and 5 (s 4(2)). See ss 1-5 and Schedule 1 (items 1-17).

The instrument is targeted in scope. It affects specific actors and processes that appear in the Insolvency Law Reform Act 2016, the Insolvency Practice Schedule (Bankruptcy), and the prior "old Act" registration/committee regime. A careful reading of the text identifies the following affected persons or entities.

• Regulated debtors and their estates. The regulation repeatedly frames application in relation to "an administration of a regulated debtor’s estate" (see Schedule 1, item 4). Administrations that start on or after 1 September 2017 fall within Part 3. Administrations that started before that date, but which continue after it, are treated as "ongoing administrations" for the limited purpose of Divisions 3 and 5 (s 4(2)). Thus regulated debtors whose estates are in administration spanning the 1 September 2017 date are directly affected by the transitional definition in s 4(2).

• Trustees and persons registered as trustees under the old regime. The substituted item 118 in Schedule 1 expressly addresses trustees whose registration-review committees were convened before the commencement day but had not decided before commencement. That provision preserves the operation of the old sections 155H and 155I after commencement in relation to these trustees, and maps committee decisions after commencement into decisions under the new Insolvency Practice Schedule framework (Schedule 1, item 2(1)-(4)). Practitioners administering trustee registration processes must therefore apply the old committee procedures where they were started pre-commencement.

• The Inspector‑General and committees convened under the old Act. The regulation explicitly retains the power of committees convened under section 155H of the old Act to make decisions after commencement as if the old provisions had not been repealed, where the committee had been convened prior to commencement (Schedule 1, item 2(1)-(2)).

• Administrators and practitioners affected by Divisions 3 and 5 of Part 3. Section 4(1) redirects commencement-day references in Divisions 3 and 5 (other than items 169 and 175) to 1 September 2017. That narrows which matters within those Divisions are subject to the immediate operation of the Insolvency Practice Schedule, and which continue to be governed by prior rules until the substituted date.

• Registrants whose status may be cancelled or continued subject to conditions. If a pre-commencement committee subsequently decides to cancel a trustee’s registration, that committee decision is treated as a decision under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel registration (Schedule 1, item 2(3)). If the committee decides to continue registration subject to a condition, those conditions are carried over and Subdivision C of Division 20 of the Insolvency Practice Schedule is applied to that condition (Schedule 1, item 2(4)). This affects registrants whose status is under review.

• Persons and entities covered by the consequential amendments listed in section 5(2). The regulation declares a list of items in Part 2 of Schedule 1 to the Insolvency Law Reform Act 2016 that apply in relation to administrations on and after 1 September 2017. This list includes items that interact with the Bankruptcy Act 1966 (see s 5(2)(za)-(zb)), so practitioners who monitor table items in subsection 277B(2) of the Bankruptcy Act must note the partial repeals and insertions described.

Who pays and who decides, in procedural terms. The regulation does not impose new monetary charges in its text. It sets out who decides on registration matters (committees convened under the old Act until they make a decision, and then the committee’s decision has a mapped effect under the new Schedule, Schedule 1, item 2). It determines the administrative decision-maker for cancellation or conditional registration remaining the committee, with the legal effect converted into the Insolvency Practice Schedule frame (Schedule 1, item 2(3)-(4)). The practical compliance costs and administrative burden therefore fall primarily on trustees, registrants and administrators who must apply both the old and new procedural rules depending on the relevant administration's start date and the timing of committee proceedings. See ss 4 and 5, Schedule 1 (items 1-17, item 118 substitution).

The regulation creates no freestanding duties and rights beyond its transitional text changes, but it alters which duties and rights within the Insolvency Law Reform Act 2016 and the Insolvency Practice Schedule (Bankruptcy) apply to particular administrations and registrant-review matters. The instrument therefore changes which existing duties and rights are engaged and how they are triggered.

• Application of Part 3 to new administrations. Schedule 1, item 4 substitutes item 127 so that Part 3 of the Insolvency Practice Schedule (Bankruptcy) applies in relation to an administration of a regulated debtor’s estate that starts on or after 1 September 2017 (Schedule 1, item 4(1)). The practical duty to comply with Part 3's procedures and standards, and the rights conferred by Part 3, therefore attach to administrations commencing on or after that date.

• Transitional application to ongoing administrations. Schedule 1, item 4(2) provides that Part 3 applies in relation to an ongoing administration "in accordance with this Division". The regulation therefore creates a procedural duty to determine whether a particular administration is an ongoing administration as defined for transitional purposes, and then to apply the transitional rules in the relevant Division. For Divisions 3 and 5, the regulation provides the specific ongoing-administration definition in section 4(2) of the regulation.

• Continuation of old committee decision processes. Schedule 1, item 2 sets out rights and procedural continuity for trustees who were subject to a committee convened under the old Act but where the committee had not decided before the commencement day. Under paragraph (2), sections 155H and 155I of the old Act continue to apply to those trustees after commencement, so their procedural rights to have the committee decide are preserved. Paragraph (3) creates a mapped right and corresponding duty, whereby if a committee decides after commencement that a trustee should cease to be registered, that committee decision is treated as an effective decision under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel registration. Paragraph (4) does the same for conditional continuation: the condition becomes a current condition and Subdivision C of Division 20 applies to that condition.

• Application of specified consequential amendments from 1 September 2017. Section 5(2) declares that the listed items of Part 2 of Schedule 1 to the Insolvency Law Reform Act 2016 apply in relation to administrations of regulated debtors' estates on and after 1 September 2017. The effect is that those amendments generate duties and rights from that date; practitioners must determine whether those items apply to a particular administration on or after that date. The items listed include modifications to provisions that interact with the Bankruptcy Act 1966 (s 5(2)(za)-(zb)), so the duties and rights that arise may be partly expressed by table items within subsection 277B(2) of the Bankruptcy Act and the substituted or repealed entries noted in the instrument.

• Reporting and return timing adjustments. Schedule 1 contains a series of textual insertions of "on and after 1 September 2017" into items governing administration returns and related reporting (Schedule 1, items 5-17). The immediate practical duty is to apply the correct reporting year references, for example changing 2017 to 2018 in certain administration-return headings (Schedule 1, items 7-8), and to apply any altered procedural dates only from 1 September 2017 onward.

• No new statutory penalties included in the regulation text. The regulation does not itself create new offences or pecuniary penalties. However, where it maps committee decisions to actions under the Insolvency Practice Schedule (for example cancellation under section 40‑55), the cancellation mechanism is part of the enforcement architecture of the Insolvency Practice Schedule. The regulation therefore triggers existing enforcement rights within the new Schedule when it converts decisions under old sections into new Schedule outcomes (Schedule 1, item 2(3)).

In short, the regulation reallocates which existing duties and rights within the insolvency legislative architecture attach to specific administrations or registrant-review matters by reference to the 1 September 2017 threshold and by mapping prior committee decisions into the new Schedule’s enforcement and conditions framework. See ss 4-5 and Schedule 1 (items 1-17, item 118 substitution).

This instrument itself does not create new criminal offences or novel pecuniary penalty regimes. Its enforcement effect is procedural and transitional: it determines which existing enforcement provisions in the Insolvency Practice Schedule (Bankruptcy) and in the old Act will govern particular matters.

• No new penalty provisions in the regulation text. The regulation does not set out fines, criminal offences or other new sanctions. It is confined to commencement timing, definition substitutions, textual modifications and the mapping of old committee decisions into the new scheme. There is no provision in the regulation that prescribes a penalty or an enforcement procedure beyond those already found in the instruments it references.

• Mapping committee outcomes to cancellation under the new Schedule. Schedule 1, item 2(3) provides that if, after the commencement day, a committee convened under the old Act decides a trustee should cease to be registered, that committee "is taken to have made a decision on that day under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel the registration of the person as a trustee." That is a direct conversion of a pre-existing committee decision into the enforcement mechanism of the new Schedule, and it therefore draws upon the enforcement architecture and penalties (if any) associated with cancellation under section 40‑55. Practitioners must therefore treat a post-commencement committee decision to cancel as functionally equivalent to a cancellation decision under the Insolvency Practice Schedule.

• Continuation of conditional registration and the application of Subdivision C of Division 20. Schedule 1, item 2(4) provides that where a committee decides to continue registration subject to a specified condition, that condition becomes a current condition and Subdivision C of Division 20 of the Insolvency Practice Schedule applies on and after that day to the condition in the same way as it applies to a condition imposed by a committee under that Schedule. Any compliance mechanisms, reporting obligations and enforcement responses contained in Subdivision C therefore become applicable to those conditions.

• Interaction with the Bankruptcy Act 1966. Section 5(2) notes that items 89 and 90 of Part 2 of Schedule 1 to the Act have partial effects in relation to subsection 277B(2) of the Bankruptcy Act 1966, specifically repeals and insertions of table items. Those table items in the Bankruptcy Act may carry their own legal consequences. The regulation therefore triggers the application of changes to that subsection for administrations on and after 1 September 2017, with whatever enforcement consequences are embedded in those table entries.

• Enforcement remains governed by the substantive instruments. Because the regulation’s role is transitional, the substantive enforcement and penalty rules remain those in the Insolvency Practice Schedule, the Insolvency Law Reform Act 2016 and the Bankruptcy Act 1966. The regulation’s enforcement effect is limited to determining which version of those rules governs a particular matter and to converting certain committee decisions into the new Schedule’s enforcement outcomes (Schedule 1, item 2).

For precise statements of any penalty, sanction or enforcement mechanism, the reader must consult the Insolvency Practice Schedule (Bankruptcy), the Insolvency Law Reform Act 2016 and the Bankruptcy Act 1966 themselves; this regulation only directs the temporal and textual transition between regimes (ss 4-5; Schedule 1, item 2).

The regulation is expressly derivative and interstitial. Its function is to bridge between the "old Act" regime and the new Insolvency Practice Schedule (Bankruptcy) provisions enacted by the Insolvency Law Reform Act 2016. The instrument therefore interacts with and amends textual references within that Act and its schedules, and it interacts indirectly with the Bankruptcy Act 1966 where table entries are to be repealed or inserted.

• Relationship to the Insolvency Law Reform Act 2016. The instrument is made under item 178 of Schedule 1 to the Insolvency Law Reform Act 2016 (section 3). Its Schedule 1 contains direct amendments and substitutions to items in Schedule 1 of the Insolvency Law Reform Act 2016 (see Schedule 1, items 1-17 of the regulation). Those substitutions change commencement language, preserve pre-commencement committee steps, and insert temporal qualifiers "on and after 1 September 2017" into various provisions. The regulation therefore sits as a transitional adjunct to Schedule 1 of the Act, modifying that Schedule’s internal timing and definitions.

• Relationship to the Insolvency Practice Schedule (Bankruptcy). The regulation modifies how Part 3 of the Insolvency Practice Schedule (Bankruptcy) applies, notably by directing that Part 3 applies to administrations starting on or after 1 September 2017 (Schedule 1, item 4) and by replacing the ongoing-administration definition for Divisions 3 and 5 (s 4(2)). It also maps decisions under old committee provisions into specific sections of the Insolvency Practice Schedule, for example treating a committee decision to cancel registration as a decision under section 40‑55 of that Schedule (Schedule 1, item 2(3)). The regulation therefore determines which parts of the Insolvency Practice Schedule govern particular factual scenarios, and it preserves continuity of enforcement and conditions by converting old decisions into the Schedule’s mechanisms.

• Interaction with the "old Act" provisions. Schedule 1, item 2 preserves the operation of sections 155H and 155I of the old Act for committees convened before the commencement day but not decided before it. Paragraph (2) expressly provides that "despite the repeal of sections 155H and 155I of the old Act by this Schedule, those sections continue to apply after the commencement day, in relation to the trustee, as if that repeal had not occurred." The regulation thus creates a temporal bridge so that pre-commencement processes under the old Act continue to reach their conclusion under the old provision and are then translated into the new framework.

• Interaction with the Bankruptcy Act 1966. Section 5(2) specifically addresses items 89 and 90 in Part 2 of Schedule 1 to the Insolvency Law Reform Act 2016 in relation to subsection 277B(2) of the Bankruptcy Act 1966. Item 89 is noted "to the extent that it repeals table items 7 to 10 in subsection 277B(2) of the Bankruptcy Act 1966" and item 90 "to the extent that it inserts table items 31 to 34 in subsection 277B(2)". Those are partial interactions affecting the contents of the Bankruptcy Act’s table of offences or other table-based provisions, and the regulation declares that these consequential amendments apply to administrations on and after 1 September 2017.

• Limited scope of the regulation’s amendments. The regulation does not purport to change the substantive operation of the Insolvency Practice Schedule or the Bankruptcy Act, beyond altering the dates from which particular items apply or preserving old procedures for pending matters. It is a transitional instrument, and its interaction with other laws is confined to temporal qualification, textual substitution and mapping of old-process outcomes into the new Schedule.

Readers should consult the relevant provisions of the Insolvency Law Reform Act 2016, the Insolvency Practice Schedule (Bankruptcy) and the Bankruptcy Act 1966 to understand the substantive legal rules that the regulation references and makes applicable in time. The regulation is the conduit that determines which regime controls a fact pattern in the period around 1 September 2017 (see ss 3-5 and Schedule 1).

The regulation includes a Schedule that effects a sequence of textual amendments to Schedule 1 of the Insolvency Law Reform Act 2016. The instrument itself is a one-time transitional measure; the text records its own commencement and notes that the commencement table relates only to the instrument as originally made.

Key amendments recorded in the regulation’s Schedule 1 are the following.

• Item 1 (Schedule 1, item 101 of the Act). The regulation omits the text in item 101 that read "starts on or after the commencement of this Act" and substitutes the phrase "starts on or after 1 September 2017." This is a direct change of the commencement threshold language so that the operative date is explicit.

• Item 2 (Schedule 1, item 118 of the Act). The regulation repeals the original item and substitutes a new item 118 entitled "Matters not dealt with by a committee before the commencement day" with four paragraphs:

  1. Paragraph (1) identifies the application trigger, a committee convened under section 155H of the old Act before the commencement day where no decision had been made under section 155I.

  2. Paragraph (2) makes sections 155H and 155I of the old Act continue to apply after the commencement day for that trustee as if not repealed.

  3. Paragraph (3) treats a committee decision after the commencement day to cease registration as a decision under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel registration.

  4. Paragraph (4) treats a committee decision after the commencement day to continue registration subject to a specified condition as making that condition a current condition, and applies Subdivision C of Division 20 of the Insolvency Practice Schedule to that condition.

This substitution preserves the procedural life of pre-commencement committee processes and provides explicit mapping into the new framework.

• Items 3 and 4 (Schedule 1, items 126 and 127 of the Act). Item 3 replaces references to "the commencement of this Act" with "1 September 2017" in item 126. Item 4 repeals item 127 and substitutes a new item 127 containing the general rules that Part 3 applies to administrations starting on or after 1 September 2017 and to ongoing administrations in accordance with the Division. The new item 127 therefore codifies the two-tier application rule.

• Items 5-17 (Schedule 1, items 133, 141, 142 heading and subitems, 145, 147, 148-151, 152, 158, 159, 161, 162, 165). These items insert the phrase "on and after 1 September 2017" into several provisions or update date references (for example, changing "2017" to "2018" in the heading and subitems relating to administration returns, Schedule 1 items 7-8). The pattern is consistent: the regulation adjusts procedural timing references so that certain obligations or procedural dates only take effect on or after 1 September 2017, or shifts reporting years to 2018-19 in particular headings.

• Commencement history of the regulation itself. Section 2(1) includes a commencement table which states that the whole instrument commences "at the same time as Schedule 1 to the Insolvency Law Reform Act 2016 commences," and records the date 1 March 2017 in column 3 of the table. The section also contains the standard note that the table relates only to the instrument as originally made and will not be amended in later published versions.

• Item 5 of the regulation also inserts "on and after 1 September 2017" into item 133, and item 6 does the same into item 141. Items 7-17 similarly vary the dates and the applicability of provisions.

The regulation therefore represents a focused set of amendments to Schedule 1 of the Insolvency Law Reform Act 2016 and to the application of certain consequential items. The amendments are temporal and transitional in nature, rather than substantive amendments to insolvency law doctrine. For textual accuracy consult Schedule 1 of the regulation, which sets out the precise substituted text for items 101, 118, 126, 127 and the other items referenced. See ss 2-5 and Schedule 1 (items 1-17).

The instrument contains no references to judicial decisions, reported cases, or litigation history. It does not cite any judicial pronouncements, nor does it record that any of its provisions are the product of litigation. The text is a regulatory transitional instrument that amends commencement dates, definitions and specified items of Schedule 1 to the Insolvency Law Reform Act 2016. There are no cases named in the instrument.

Consequently, there is no litigation history embedded in or described by the instrument itself to report. For cases interpreting the substantive provisions of the Insolvency Law Reform Act 2016, the Insolvency Practice Schedule (Bankruptcy) or the Bankruptcy Act 1966, one must look beyond this regulation to reported decisions concerning those instruments; none are specified in this regulation. See ss 1-5 and Schedule 1.

The regulation’s transitional drafting creates several practical traps for practitioners that follow directly from its textual devices. The following are concrete points to watch for, grounded in the instrument’s wording.

• Multiple commencement dates and potential confusion about "commencement day." The regulation’s own commencement is tied to the commencement of Schedule 1 to the Insolvency Law Reform Act 2016 (section 2(1)). Section 4(1) then tells the reader to read references in Divisions 3 and 5 to the commencement day as 1 September 2017. That produces three temporal reference points: the instrument’s own commencement (linked to Schedule 1’s commencement), the general "commencement day" references in the Act or Schedule as altered by the instrument, and the explicit 1 September 2017 date. Practitioners must not assume a single operative "commencement" for every provision; the regulation explicitly reroutes particular commencement references to a later date for Divisions 3 and 5 (s 4(1)).

• The definition of "ongoing administration" is replaced only for Divisions 3 and 5. Section 4(2) substitutes a new definition of ongoing administration in item 102 of Part 3, but the substitution is expressly "for the purposes of Divisions 3 and 5 of Part 3 of that Schedule." That means the ordinary definition in item 102 may continue to apply elsewhere unless specifically replaced. Do not apply the new definition across Part 3 indiscriminately; it has limited scope by the instrument’s language.

• Preservation of old committee processes can create bifurcated procedural obligations. Schedule 1, item 2 preserves the operation of old sections 155H and 155I where a committee was convened prior to the commencement day and had not decided before it. Those matters continue to be governed by the old committee procedures even after repeal, and post-commencement committee decisions are translated into the new Schedule’s effects (Schedule 1, item 2(2)-(4)). Practitioners must ascertain whether a committee was convened before the commencement day; if so, entirely different procedural rules may apply than for a committee convened after commencement.

• Mapping of committee decisions can change legal effect. A committee decision after commencement to cancel registration is taken to be a decision under section 40‑55 of the Insolvency Practice Schedule to cancel registration (Schedule 1, item 2(3)). Similarly, a decision to continue registration subject to a condition imports Subdivision C of Division 20’s mechanics. That mapping changes the statutory vehicle by which a decision has effect, which can affect remedies, review paths, and enforcement mechanisms. Practitioners should not treat an old Act committee decision as inert; the regulation prescribes its equivalence to specific new Schedule outcomes.

• Partial application of consequential amendments may require careful textual parsing. Section 5(2) lists a long set of items from Part 2 of Schedule 1 to the Insolvency Law Reform Act 2016 that "apply in relation to the administration of regulated debtors’ estates on and after 1 September 2017." Two entries are partial in extent, applying only "to the extent" they repeal or insert particular table items in subsection 277B(2) of the Bankruptcy Act 1966 (s 5(2)(za)-(zb)). Practitioners must inspect the relevant items in the Act and in the Bankruptcy Act to see which table items are affected; the regulation does not itself reproduce those table items.

• Reporting-year and return-date shifts. The instrument replaces references to 2017 with 2018 in the administration-returns headings and subitems (Schedule 1, items 7-8). This can easily be missed when preparing returns and reports unless one reads the regulation’s Schedule carefully.

• The regulation is narrow and does not change substantive insolvency law. Because the instrument is transitional only, it does not purport to alter the substance of obligations beyond the timing and mapping functions described. Mistaking the regulation for a substantive rule change could lead to misapplied compliance steps.

• Reliance on textual substitution, not policy statements. The instrument contains no policy exposition or explanatory memorandum text within its body. Any inference about policy intent must be derived from the textual adjustments and the dates the regulation establishes. The instrument does not assert explicit policy justifications in its operative text.

To avoid these pitfalls, practitioners must ascertain: the precise start date of an administration; whether any committee under the old Act was convened before the commencement day; which Divisions and items are engaged; and whether any of the consequential items listed in section 5(2) affect the particular administration or trustee. See ss 2-5 and Schedule 1 (item 118 substitution and items 1-17).

Compliance under this regulation is about correct classification and application of pre-existing obligations in time. The regulation does not create new substantive compliance regimes; it requires parties to identify which legal framework , old Act procedures or the new Insolvency Practice Schedule provisions , applies to the facts on hand. The following practical checklist is derived from the text and the substitutional mechanics it prescribes.

1. Determine the relevant dates for the administration.

   • Establish whether the administration of the regulated debtor’s estate started before 1 September 2017, started on or after 1 September 2017, or straddles that date. Under Schedule 1, item 4(1), Part 3 applies to administrations that start on or after 1 September 2017; under section 4(2) of the regulation a limited definition of "ongoing administration" applies for Divisions 3 and 5 to administrations that started before but end after 1 September 2017.

2. Identify which Division(s) of Part 3 are relevant.

   • If Divisions 3 or 5 are in issue, apply the special direction in section 4(1) that commencement-day references in those Divisions refer to 1 September 2017 (subject to items 169 and 175 which are excepted). Also apply the substituted ongoing-administration definition in section 4(2) for those Divisions.

3. Ascertain whether any committee under the old Act was convened before the commencement day.

   • If the Inspector‑General convened a committee under section 155H of the old Act before the commencement day and the committee had not decided before the commencement day, follow the transitional rule in Schedule 1, item 2(2): the old sections 155H and 155I continue to apply to that trustee as if not repealed. Do not prematurely apply the new registration-process rules to that trustee.

4. Prepare for mapping of committee outcomes.

   • If a committee convened before commencement makes a decision after the commencement day to cancel registration, treat that decision as a decision under section 40‑55 of the Insolvency Practice Schedule (Bankruptcy) to cancel registration (Schedule 1, item 2(3)). If the committee decides to continue registration subject to condition, treat that condition as a current condition and apply Subdivision C of Division 20 of the Insolvency Practice Schedule to it (Schedule 1, item 2(4)). Ensure that any procedural notices, record-keeping and follow-on compliance steps align to the new Schedule’s mechanisms.

5. Apply specified consequential amendments from 1 September 2017.

   • Consult section 5(2) which lists the items of Part 2 of Schedule 1 to the Insolvency Law Reform Act 2016 that apply to administrations on and after 1 September 2017. For each listed item that might affect the administration, review the amended text in the Act and apply it from 1 September 2017 forward.

6. Adjust reporting and return years.

   • Note the changes to administration-return headings and dates in Schedule 1, items 7-8, and other inserted "on and after 1 September 2017" qualifiers in Schedule 1, items 5 and 9-17. Ensure returns, filings and annualisation calculations reflect the updated years and operative dates.

7. Keep records of which legal pathway was applied and why.

   • Because the regulation deliberately creates a bifurcated transitional pathway, document the factual basis for applying the old regime or the new Schedule to a particular matter: record the administration start date, the date a committee was convened, the date of any committee decision, and the text of the mapped outcome under the new Schedule.

8. Cross-check Bankruptcy Act table changes where relevant.

   • Where an administration engages the Bankruptcy Act 1966 subsection 277B(2) material altered by items 89 and 90, check those table items in the Bankruptcy Act to see the precise table entries repealed or inserted. The regulation references these changes only partially; the practitioner must read the Act and the Bankruptcy Act to determine the precise legal consequence.

9. Where necessary, seek clarification from the relevant regulatory authority.

   • For trustees, registrants and administrators who are uncertain whether a committee was convened or how the mapping provisions operate in a particular factual pattern, obtain administrative guidance or a formal decision record to reduce downstream dispute risk. The regulation maps committee conclusions into statutory outcomes under the Insolvency Practice Schedule; it will therefore be important to align administrative steps with the procedural requirements that apply under the new Schedule after mapping.

10. Do not assume substantive law has changed beyond timing.

• Remember the regulation does not alter substantive insolvency law outside the timing and mapping functions. Apply the Insolvency Practice Schedule, the Insolvency Law Reform Act 2016 and the Bankruptcy Act 1966 to the extent they are declared applicable by the transitional rules in this regulation.

Adherence to the above steps follows directly from the regulation’s provisions: ss 2-5 and Schedule 1 (items 1-17, item 118 substitution).