SCHEDULES
C1C2F1SCHEDULE ZA1MORATORIUM: ELIGIBLE COMPANIES
Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 6(1)(c) (with ss. 2(2), 5(2), Sch. 8 para. 1)
Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 7(b) (with ss. 2(2), 5(2), Sch. 8 para. 1)
Public-private partnership project companies
C3C415
1
A company is excluded from being eligible if, on the filing date, it is a project company of a project which—
a
is a public-private partnership project (see paragraph 16), and
b
includes step-in rights (see paragraph 17).
2
For the purposes of this paragraph a company is a “project company” of a project if any of the following applies—
a
it holds property for the purpose of the project;
b
it has sole or principal responsibility under an agreement for carrying out all or part of the project;
c
it is one of a number of companies which together carry out the project;
d
it has the purpose of supplying finance to enable the project to be carried out;
e
it is the holding company of a company within any of paragraphs (a) to (d).
3
But a company is not a “project company” of a project if—
a
it performs a function within sub-paragraph (2)(a) to (d) or is within sub-paragraph (2)(e), but
b
it also performs a function which is not—
i
within sub-paragraph (2)(a) to (d),
ii
related to a function within sub-paragraph (2)(a) to (d), or
iii
related to the project.
4
For the purposes of this paragraph a company carries out all or part of a project whether or not it acts wholly or partly through agents.
Sch. ZA1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 5 (with ss. 2(2), 5(2), 13)