453.—[F1(1) If it appears to the Department that—
(a)the affairs of a company to which this paragraph applies are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members, or
(b)any actual or proposed act or omission of a company to which this paragraph applies, including an act or omission on its behalf, is or would be so prejudicial,
the Department may (in addition to or instead of presenting a petition for the winding up of the company) apply to the court by petition for an order under this Part.
(1A) Paragraph (1) applies to a company in respect of which—
(a)the Department has received a report under Article 430;
(b)the Department has exercised its powers under Article 440 or 441;
(c)the Secretary of State or the Financial Services Authority has exercised his or its powers under Part 11 of the Financial Services and Markets Act 2000; or
(d)the Secretary of State has received a report from an investigator appointed by him or by the Financial Services Authority under that Part.]
(2 )F2 In this Article (and, so far as applicable for its purposes, in Article 454) “company” means any body corporate which is liable to be wound up under this Order.
F3Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}