- Latest available (Revised)
- Original (As made)
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999, Section 17 is up to date with all changes known to be in force on or before 07 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
17.—(1) No order shall be made in relation to a transaction to which this regulation applies under—
(a)section 238 or 339 of the Insolvency Act 1986 [F1or Article 202 or 312 of the Insolvency (Northern Ireland) Order 1989] (transactions at an undervalue);
(b)section 239 or 340 of that Act [F2or Article 203 or 313 of that Order] (preferences); or
(c)section 423 of that Act [F3or Article 367 of that Order] (transactions defrauding creditors).
(2) As respects Scotland, no decree shall be granted in relation to any such transaction—
(a)under section 34 or 36 of the Bankruptcy (Scotland) Act 1985 or section 242 or 243 of the Insolvency Act 1986 (gratuitous alienations and unfair preferences); or
(b)at common law on grounds of gratuitous alienations or fraudulent preferences.
(3) This regulation applies to—
(a)a transfer order, or any disposition of property in pursuance of such an order;
(b)the provision of collateral security;
(c)a contract for the purpose of realising collateral security or any disposition of property in pursuance of such a contract; or
(d)any disposition of property in accordance with the rules of a designated system as to the application of collateral security.
Textual Amendments
F1Words in reg. 17(1)(a) inserted (2.2.2006) by The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2006 (S.I. 2006/50), regs. 1, 2(9)(a)
F2Words in reg. 17(1)(b) inserted (2.2.2006) by virtue of The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2006 (S.I. 2006/50), regs. 1, 2(9)(b)
F3Words in reg. 17(1)(c) inserted (2.2.2006) by The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2006 (S.I. 2006/50), regs. 1, 2(9)(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: