Part VI Miscellaneous Provisions Applying to Companies Which are Insolvent or in Liquidation

Management by administrators, liquidators, etc.

F1233CPowers to amend section 233B and Schedule 4ZZA

(1)

The Secretary of State may by regulations omit any of paragraphs (a) to (g) of section 233B(2) (relevant insolvency procedures).

(2)

The Secretary of State may by regulations amend Schedule 4ZZA so as to—

(a)

remove or amend any exclusion from section 233B for the time being specified there, or

(b)

add further exclusions from section 233B.

(3)

In subsection (2), references to exclusions from section 233B are to circumstances in which section 233B, or any provision of that section, does not apply.

(4)

The circumstances referred to in subsection (3) may be framed by reference to kinds of company, supplier, contract, goods or services or in any other way.

(5)

Regulations under this section may make—

(a)

different provision for different purposes;

(b)

consequential provision;

(c)

transitional and supplementary provision.

(6)

Regulations under this section made by virtue of subsection (5) may in particular make provision amending this Act or any other enactment whenever passed or made (including, if paragraph 1(1) or (2) of Schedule 4ZZA is omitted, provision omitting section 233A or 233 respectively).

(7)

Regulations under subsection (1) may not omit section 233B(2)(c) unless the Secretary of State has first consulted the Scottish Ministers.

(8)

In this section “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.

(9)

Regulations under this section are to be made by statutory instrument.

(10)

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.