Part 10

Insolvency

Companies etc.

Application of law about company arrangement or administration to non-company
255
1
The Treasury may with the concurrence of the Secretary of State by order provide for a company arrangement or administration provision to apply (with or without modification) in relation to—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a society registered under section 7(1)(b), (c), (d), (e) or (f) of the Friendly Societies Act 1974 (c. 46),
c
a friendly society within the meaning of the Friendly Societies Act 1992 (c. 40), or
d
an unregistered friendly society.
2
In subsection (1) “company arrangement or administration provision” means—
a
a provision of Part I of the Insolvency Act 1986 (company voluntary arrangements),
b
a provision of Part II of that Act (administration), ...
c
Part 26 of the Companies Act 2006 (c. 6)
(compromise or arrangement with creditors), and
d
Part 26A of that Act (compromise or arrangement with creditors where company in financial difficulty).
3
An order under this section may not provide for a company arrangement or administration provision to apply in relation to a society which is —
a
a private registered provider of social housing, or
b
registered as a social landlord under Part I of the Housing Act 1996 (c. 52) or under Part 2 of the Housing (Scotland) Act 2010 (asp 17) .
4
An order under this section—
a
may make provision generally or for a specified purpose only,
b
may make different provision for different purposes, and
c
may make transitional, consequential or incidental provision.
5
Provision by virtue of subsection (4)(c) may, in particular—
a
apply an enactment (with or without modification);
b
amend an enactment.
6
An order under this section—
a
must be made by statutory instrument, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Words in s. 255(2)(c) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 225 (with arts. 6, 11, 12)
Words in s. 255(3) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 119 (with art. 6, Sch. 3)
Words in s. 255(3)(b) substituted (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 1(3), Sch. para. 6
S. 255(1)(a) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)
Word in s. 255(2) omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 22 (with ss. 2(2), 5(2))
S. 255(2)(d) and preceding word inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 22 (with ss. 2(2), 5(2))