The Further Education Bodies (Insolvency) Regulations 2019

Moratorium

6.—(1) Where notice has been given under section 9(3), 10(4), 11(2), 12(3) or 13 of the Technical and Further Education Act 2017 the following provisions also apply until a period of at least 14 days has elapsed since notice was given under any of those sections, unless the appropriate national authority confirms in writing to the person who served the notice that it does not intend to apply for an education administration order.

(2) No step may be taken to repossess goods in the statutory corporation’s possession under a hire-purchase agreement except—

(a) with the consent of the appropriate national authority; or

(b) with the permission of the court.

(3) A landlord may not exercise a right of forfeiture by peaceable re-entry in relation to premises let to a statutory corporation except—

(a) with the consent of the appropriate national authority; or

(b) with the permission of the court.

(4) No legal process (including legal proceedings or execution) may be instituted or continued against the statutory corporation or property of the statutory corporation except—

(a) with the consent of the appropriate national authority; or

(b) with the permission of the court.

(5) Where the court gives the permission referred to in any of paragraphs (2) to (4), it may impose a condition on or requirement in connection with the matter in respect of which permission is given.

(6) In this regulation—

“hire-purchase agreement” has the same meaning as the Consumer Credit Act 1974(1); and

“landlord” includes a person to whom rent is payable.

(1)

1974 c. 39. See section 189(1). Section 189 has been amended but those amendments are not relevant to this instrument.