Legislation – Commercial Rent (Coronavirus) Act 2022

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Introduction

PART 1
Introductory provisions

1 Overview

2 “Rent” and “business tenancy”

3 “Protected rent debt”

4 “Adversely affected by coronavirus”

5 “Protected period”

6 “The matter of relief from payment”

PART 2
Arbitration

7 Approval of arbitration bodies

8 Functions of approved arbitration bodies

9 Period for making a reference to arbitration

10 Requirements for making a reference to arbitration

11 Proposals for resolving the matter of relief from payment

12 Written statements

13 Arbitration awards available

14 Arbitrator’s award on the matter of relief from payment

15 Arbitrator’s principles

16 Arbitrator: assessment of “viability” and “solvency”

17 Timing of arbitrator’s award

18 Publication of award

19 Arbitration fees and expenses

20 Oral hearings

21 Guidance

22 Modification of Part 1 of the Arbitration Act 1996

PART 3
Moratorium on certain remedies and insolvency arrangements

23 Temporary moratorium on enforcement of protected rent debts

24 Alteration of moratorium period

25 Temporary restriction on initiating certain insolvency arrangements

26 Temporary restriction on initiating arbitration proceedings

27 Temporary restriction on winding-up petitions and petitions for bankruptcy orders

PART 4
Final provisions

28 Power to apply Act in relation to future periods of coronavirus control

29 Concurrent power for Welsh Ministers to apply moratorium provisions again

30 Crown application

31 Extent, commencement and short title

SCHEDULES

SCHEDULE 1 Modifications of the Arbitration Act 1996 in relation to arbitrations under this Act

SCHEDULE 2 Temporary moratorium on enforcement of protected rent debts

SCHEDULE 3 Winding-up and bankruptcy petitions

PART 4Final provisions

31Extent, commencement and short title

(1)

Parts 1 to 3 extend to England and Wales only (except as provided by subsections (2) and (3)).

(2)

The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a)

in section 25—

(i)

subsections (1), (2)(c) and (3), and

(ii)

subsection (4) so far as relating to a compromise or arrangement under section 899 or 901F of the Companies Act 2006,

(b)

Part 1 so far as relating to the provisions mentioned in paragraph (a), and

(c)

this Part.

(3)

The following provisions extend to England and Wales and Scotland only—

(a)

in section 25—

(i)

subsection (2)(a), and

(ii)

subsection (4) so far as relating to a company voluntary arrangement,

(b)

paragraph 1 of Schedule 3 and section 27 so far as relating to that paragraph, and

(c)

Part 1 so far as relating to the provisions mentioned in paragraphs (a) and (b).

(4)

This Act comes into force on the day on which it is passed (except as provided by subsection (5)).

(5)

Paragraph 1 of Schedule 3, and section 27 so far as relating to that paragraph, comes into force on 1 April 2022.

(6)

This Act may be cited as the Commercial Rent (Coronavirus) Act 2022.