The Insolvent Partnerships (Amendment) Order 2002

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Insolvent Partnerships (Amendment) Order 2002 and shall come into force on 31st May 2002.

(2) In this Order—

“the Act” means the Insolvency Act 1986, and

“the 1994 Order” means the Insolvent Partnerships Order 1994(1).

(3) In this Order a reference to a “modified section” means a section of the Act as modified by, and set out in, the 1994 Order.

Amendments to the Insolvent Partnerships Order 1994

2.—(1) The 1994 Order is amended as provided in this Order.

(2) Anything done before 31st May 2002 under or for the purposes of any provision of the 1994 Order is not invalidated by the amendment of that provision by this Order, but it has effect as if done under or for the purposes of the provision as amended.

Amendment to Article 7 of the Insolvent Partnerships Order 1994

3.  In Article 7(1) of the 1994 Order (winding up of insolvent partnership as unregistered company (no concurrent petition)) after “petition of a creditor,” insert—

• “of a liquidator (within the meaning of Article 2(b) of the EC Regulation(2)) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, of a temporary administrator (within the meaning of Article 38 of the EC Regulation),”.

Amendment to Article 8 of the Insolvent Partnerships Order 1994

4.—(1) In Article 8(1) of the 1994 Order (winding up of insolvent partnership as unregistered company (concurrent petition)) for “a creditor’s petition” substitute—

• “the petition of a creditor, of a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, or of a temporary administrator (within the meaning of Article 38 of the EC Regulation)”.

(2) For the heading of Article 8 of the 1994 Order substitute—

• “Winding up of insolvent partnership as unregistered company on the petition of creditor etc. where concurrent petitions presented against one or more members”.

Amendments to the Schedules 3, 4, 5 and 6 to the Insolvent Partnerships Order 1994

5.—(1) In paragraph 3 of Schedule 3 to the 1994 Order (section 221: winding up of unregistered companies), paragraph 3 of Schedule 4 to the 1994 Order, paragraph 2 of Schedule 5 to the 1994 Order and paragraph 4 of Schedule 6 to the 1994 Order, in each case, after modified section 221(3) insert—

“(3A) The preceding subsections are subject to Article 3 of the EC Regulation (jurisdiction under the EC Regulation).”.

(2) In paragraph 6 of Schedule 3 to the 1994 Order (section 117: High Court and county court jurisdiction) and paragraph 1 of Schedule 5 to the 1994 Order, in each case, after modified section 117(6) insert—

“(7) This section is subject to Article 3 of the EC Regulation (jurisdiction under the EC Regulation).”.

(3) In paragraph 5 of Schedule 4 to the 1994 Order (sections 117 and 265: High Court and county court jurisdiction) and paragraph 1 of Schedule 6 to the 1994 Order, in each case, after modified sections 117(8) and 265(8) insert—

“(9) This section is subject to Article 3 of the EC Regulation (jurisdiction under the EC Regulation).”.

(4) In paragraph 8 of Schedule 4 to the 1994 Order (sections 124 and 264: applications to wind up insolvent partnerships and to wind up or bankrupt insolvent member) in subsection (2) of modified sections 124 and 264 after “may be presented by” insert—

• “a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation, a temporary administrator (within the meaning of Article 38 of the EC Regulation) or”.

Amendments to Schedule 9 to the Insolvent Partnerships Order 1994

6.  The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 9 to the 1994 Order.

Irvine of Lairg, C.

7th May 2002

I concur,

Patricia Hewitt,

Secretary of State for Trade and Industry

9th May 2002