[F1(1)A body corporate or unincorporated body is a relevant person if a compromise or arrangement between the body and its creditors (or a class of them) is in force, having been sanctioned in accordance with section 899 [F2or 901F] of the Companies Act 2006.]
(2)A body corporate or an unincorporated body is a relevant person if, in England and Wales or Scotland—
(a)a voluntary arrangement approved in accordance with Part 1 of the Insolvency Act 1986 is in force in respect of it,
[F3(b)the body is in administration under Schedule B1 to that Act,]
(c)there is a person appointed in accordance with Part 3 of that Act who is acting as receiver or manager of the body's property (or there would be such a person so acting but for a temporary vacancy),
(d)the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 4 of that Act,
(e)there is a person appointed under section 135 of that Act who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or
(f)the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 4 of that Act or Part 5 of that Act.
(3)A body corporate or an unincorporated body is a relevant person if, in Scotland—
(a)an award of sequestration has been made [F4by virtue of section 6 of the Bankruptcy (Scotland) Act 2016] in respect of the body's estate, and the body has not been discharged under that Act,
(b)the body has been dissolved and an award of sequestration has been made [F5by virtue of] that section in respect of its estate, [F6or]
(c)a protected trust deed within the meaning of the Bankruptcy (Scotland) Act [F72016] is in force in respect of the body's estate, F8...
F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A body corporate or an unincorporated body is a relevant person if, in Northern Ireland—
(a)a voluntary arrangement approved in accordance with Part 2 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) is in force in respect of the body,
[F9(b)the body is in administration under Schedule B1 to that Order,]
(c)there is a person appointed in accordance with Part 4 of that Order who is acting as receiver or manager of the body's property (or there would be such a person so acting but for a temporary vacancy),
(d)the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 5 of that Order,
(e)there is a person appointed under Article 115 of that Order who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or
(f)the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 5 of that Order or Part 6 of that Order.
[F10(4A)A body corporate or unincorporated body is a relevant person if it is in insolvency under Part 2 of the Banking Act 2009.
(4B)A body corporate or unincorporated body is a relevant person if it is in administration under relevant sectoral legislation as defined in Schedule A1.]
(5)A body within [F11subsection (1)] is not a relevant person in relation to a liability that is transferred to another body by the order sanctioning the compromise or arrangement.
(6)Where a body is a relevant person by virtue of [F12subsection (1)], section 1 has effect to transfer rights only to a person on whom the compromise or arrangement is binding.
(7)Where an award of sequestration made [F13by virtue of section 6 of the Bankruptcy (Scotland) Act 2016] is recalled or reduced, any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.
F14(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In this section—
(a)a reference to a person appointed in accordance with Part 3 of the Insolvency Act 1986 includes a reference to a person appointed under section 101 of the Law of Property Act 1925;
(b)a reference to a receiver or manager of a body's property includes a reference to a receiver or manager of part only of the property and to a receiver only of the income arising from the property or from part of it;
(c)for the purposes of subsection (3) “body corporate or unincorporated body” includes any entity, other than a trust, the estate of which may be sequestrated [F15by virtue of section 6 of the Bankruptcy (Scotland) Act 2016];
(d)a reference to a person appointed in accordance with Part 4 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) includes a reference to a person appointed under section 19 of the Conveyancing Act 1881.
Textual Amendments
F1S. 6(1) substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 7(1)(a)
F2Words in s. 6(1) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 45 (with ss. 2(2), 5(2))
F3S. 6(2)(b) substituted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 3(2)
F4Words in s. 6(3)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(i)
F5Words in s. 6(3)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(ii)
F6Word in s. 6(3)(b) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(iii)
F7Word in s. 6(3)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(iv)
F8S. 6(3)(d) and word omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(a)(v)
F9S. 6(4)(b) substituted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 3(3)
F10S. 6(4A)(4B) inserted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 3(1)
F11Words in s. 6(5) substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 7(1)(b)
F12Words in s. 6(6) substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 7(1)(b)
F13Words in s. 6(7) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(b)
F14S. 6(8) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(c)
F15Words in s. 6(9)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(4)(d)
Commencement Information
I1S. 6 in force at 1.8.2016 by S.I. 2016/550, art. 2