The Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003

Administration—transitional provisions

3.—(1) In this article “the former administration provisions” means the law relating to administration under Part II of the Insolvency Act 1986 and section 62(2)(a) of the Criminal Justice Act 1988(1) without the amendments and repeals made by the provisions of the Enterprise Act 2002 mentioned in paragraph (2).

(2) In a case where a petition for an administration order has been presented before the first commencement date—

(a) section 248 and Schedules 16 and 17; and

(b) section 278(2) and Schedule 26 as respects the repeals relating to sections 212, 230(1), 231, 232, 240(1) and 245(3) of the Insolvency Act 1986, the entries in Schedule 10 to the Insolvency Act 1986 in respect of sections 12(2), 15(8), 18(5), 21(3), 22(6), 23(3), 24(7) and 27(6) of that Act and section 62(2)(a) of the Criminal Justice Act 1988,

shall have no effect.

(3) The former administration provisions shall continue to apply insofar as is necessary to give effect to—

(a) the Insolvent Partnerships Order 1994(2);

(b) regulation 5 of the Limited Liability Partnerships Regulations 2001(3); and

(c) the Financial Services and Markets Act 2000 (Administration Orders relating to Insurers) Order 2002(4).

(1)

1988 c. 33.

(2)

S.I. 1994/2421 as amended by S.I. 1996/1308, S.I. 2001/767, S.I. 2002/1308 and S.I. 2002/2708.

(3)

S.I. 2001/1090.

(4)

S.I. 2002/1242.