C1C4 PART XIPREFERENTIAL F9AND NON-PREFERENTIAL DEBTS IN COMPANY AND INDIVIDUAL INSOLVENCY
Pts. 11-14 modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2; (temp.) (27.4.2020 retrospective) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), Sch. 11 para. 8(1)(2), 14 (with ss. 2(2), 5(2)); (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 2 (with reg. 3); (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 2 (with reg. 4(2)))
Pts. 11-14 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
“The relevant date”C2347
C31
This Article explains references in Schedule 4 to the relevant date (being the date which determines the existence and amount of a preferential debt).
2
For the purposes of Article 17 (meetings to consider company voluntary arrangement), the relevant date in relation to a company which is not being wound up is—
F1a
if the company is in administration, the date on which it entered administration, and
b
if the company is not in administration, the date on which the voluntary arrangement takes effect.
F102A
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3
In relation to a company which is being wound up, the following applies—
a
if the winding up is by the High Court, and the winding‐up order was made immediately upon the discharge of an administration order, the relevant date is F2the date on which the company entered administration;
F11aa
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F11ab
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b
if the case does not fall within sub‐paragraph (a) F12... and the company—
i
is being wound up by the Court, and
ii
had not commenced to be wound up voluntarily before the date of the making of the winding‐up order,
the relevant date is the date of the appointment (or first appointment) of a provisional liquidator or, if no such appointment has been made, the date of the winding‐up order;
C3F63A
In relation to a company which is in administration (and to which no other provision of this Article applies) the relevant date is the date on which the company enters administration.
4
In relation to a company in receivership (where Article 50 applies), the relevant date is the date of the appointment of the receiver by debenture‐holders.
5
F3 For the purposes of Article 232 (meeting to consider individual voluntary arrangements), the relevant date is, in relation to a debtor who is not an undischarged bankrupt
F7a
where an interim order has been made under Article 226 with respect to his proposal, the date of that order, and
b
in any other case, the date on which the voluntary arrangement takes effect.
6
F3 In relation to a bankrupt, the following applies—
a
where at the time the bankruptcy order was made there was an interim receiver appointed under Article 259, the relevant date is the date on which the interim receiver was first appointed after the presentation of the bankruptcy petition;
b
otherwise, the relevant date is the date of the making of the bankruptcy order.
F87
Nothing in this Article affects the definition of “the relevant date” in Article 5(1A).
Words in Pt. 11 heading inserted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 28 (with art. 3)