The Financial Collateral Arrangements (No.2) Regulations 2003

Certain legislation restricting enforcement of security not to apply to financial collateral arrangements

8.—(1) The following provisions of Schedule B1 to the Insolvency Act 1986 (1) (administration) shall not apply to any security interest created or otherwise arising under a financial collateral arrangement—

(a) paragraph 43(2) (restriction on enforcement of security or repossession of goods) including that provision as applied by paragraph 44 (interim moratorium); and

(b) paragraphs 70 and 71 (power of administrator to deal with charged property).

(2) Paragraph 41(2) of Schedule B1 to the Insolvency Act 1986 (receiver to vacate office when so required by administrator) shall not apply to a receiver appointed under a charge created or otherwise arising under a financial collateral arrangement.

(3) The following provisions of the Insolvency Act 1986 (2) (administration) shall not apply in relation to any security interest created or otherwise arising under a financial collateral arrangement—

(a) sections 10(1)(b) and 11(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and

(b) section 15(1) and 15(2) (power of administrator to deal with charged property).

(4) Section 11(2) of the Insolvency Act 1986 (receiver to vacate office when so required by administrator) shall not apply to a receiver appointed under a charge created or otherwise arising under a financial collateral arrangement.

(5) Paragraph 20 and sub-paragraph 12(1)(g) of Schedule A1 to the Insolvency Act 1986 (3) (Effect of moratorium on creditors) shall not apply (if it would otherwise do so) to any security interest created or otherwise arising under a financial collateral arrangement.

(1)

Schedule B1 of the Insolvency Act 1986 was inserted by section 248 of, and Schedule 16 to the Enterprise Act 2002 c. 40.

(2)

These provisions of the Insolvency Act 1986 are preserved in relation to special administration regimes by section 249 of the Enterprise Act 2002.

(3)

Schedule A1 to the Insolvency Act 1986 was inserted by section 1 of, and Schedule 1 to the Insolvency Act 2000 c. 39.