C6C7C8C9C10C11 Part VI Miscellaneous Provisions Applying to Companies Which are Insolvent or in Liquidation
Pt. 6 (ss. 230–246) extended with modifications by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5)(a), 90, 126(3), Sch. 15 (as amended (13.3.2018) by S.I. 2018/208, regs. 1(3), 2(2); and (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 12 para. 2 (with ss. 2(2), 5(2), 14(4)))
Pt. 6 (ss. 230–246) modified by Company Directors Disqualification Act 1986 (c. 46, SIF 27), ss. 21(2), 25
Pt. 6 (ss. 230-246) applied (1.12.1994) by S.I. 1994/2421, art. 6(3)(b)
Pt. 6 (ss. 230-246) applied (1.12.1994) by S.I. 1994/2421, art. 10(2)(3)(6), Sch. 4 Pt. II
Pt. 6 (ss. 230-246) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(4)(5)(8)(9)
Pt. 6 (ss. 230-246) applied (with modifications) (1.12.1997) by 1986 c. 53, Sch. 15A para. 1(1)(2)(a) (as inserted by 1997 c. 32, s. 39(2), Sch. 6); S.I. 1997/2668, art. 2, Sch. Pt. I(i); and as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 2(3); and (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 12 para. 3 (with ss. 2(2), 5(2), 14(4)))
Pt. 6 (ss. 230-246) amended (1.12.2001) by S.I. 2001/3538, art. 2(1)
Pts. 1-4, 6, 7 applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))
First Group of Parts (Pts. 1-7) applied (with modifications) (15.12.2006) by The Banks (Former Authorised Institutions) (Insolvency) Order 2006 (S.I. 2006/3107), art. 3, Sch. (as amended (1.4.2013) by S.I. 2013/472, art. 1(1), Sch. 2 para. 117; and (13.3.2018) by S.I. 2018/208, regs. 1(3), 11)
Pt. VI applied in part (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), reg. 1, Sch. paras. 1(2)(b), (3)-(7)
Management by administrators, liquidators, etc.
C1C2C3C12233 Supplies of gas, water, electricity, etc.
C41
This section applies in the case of a company where—
F1a
the company enters administration,
b
an administrative receiver is appointed, or
F2ba
a moratorium under section 1A is in force, or
c
a voluntary arrangement F3approved under Part I, has taken effect, or
d
the company goes into liquidation, or
e
a provisional liquidator is appointed;
and “the office-holder” means the administrator, the administrative receiver, F4the nominee, the supervisor of the voluntary arrangement, the liquidator or the provisional liquidator, as the case may be.
2
If a request is made by or with the concurrence of the office-holder for the giving, after the effective date, of any of the supplies mentioned in the next subsection, the supplier—
a
may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but
b
shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the company before the effective date are paid.
3
The supplies referred to in subsection (2) are—
F5a
a supply of gas by a gas supplier within the meaning of Part I of the Gas Act 1986;
F6b
a supply of electricity by an electricity supplier within the meaning of Part I of the Electricity Act 1989;
F9d
a supply of communications services by a provider of a public electronic communications service.
C54
“The effective date” for the purposes of this section is whichever is applicable of the following dates—
F10a
the date on which the company entered administration
b
the date on which the administative receiver was appointed (or, if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed),
F11ba
the date on which the moratorium came into force
c
the date on which the voluntary arrangement F12took effect,
d
the date on which the company went into liquidation,
e
the date on which the provisional liquidator was appointed.
5
The following applies to expressions used in subsection (3)—
a
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16d
“communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).
Pts. 1–7 (ss. 1–251) applied (with modifications) by S.I. 1989/1276, arts. 2, 3
Pt. 6 (ss. 230-246) modified (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 3; and (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 12 para. 4 (with ss. 2(2), 5(2), 14(4)))