SCHEDULES

SCHEDULE 8Loan relationships: miscellaneous amendments

Bad debt etc: parties having connection and creditor in insolvent administrative receivership

4

(1)

Paragraph 6A (bad debt etc: parties having connection and creditor in insolvent liquidation etc) is amended as follows.

(2)

The amendments made to the paragraph by paragraph 29 of the Schedule to the Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096) shall be deemed never to have been made.

(3)

In sub-paragraph (1) (cases where paragraph 6A applies) after paragraph (b) insert—

“(bb)

the company is in insolvent administrative receivership;”.

(4)

In sub-paragraph (2) (cases where departure from assumption of full payment allowed) after paragraph (b) insert—

“(bb)

in a case falling within paragraph (bb) of that sub-paragraph, at a time when the appointment of the administrative receiver is in force;”.

(5)

In sub-paragraph (2)(d) (which refers to a time corresponding to that described in paragraph (a), (b) or (c)) after “(b)” insert “ , (bb) ”.

(6)

After sub-paragraph (4) (company in insolvent administration) insert—

“(5)

For the purposes of this paragraph a company is in insolvent administrative receivership if—

(a)

there is in force in relation to that company an appointment of an administrative receiver, within the meaning of Chapter 1 or 2 of Part 3 of the Insolvency Act 1986 or Part 4 of the Insolvency (Northern Ireland) Order 1989, and

(b)

the company was put into administrative receivership at a time when its assets were insufficient for the payment of its debts and other liabilities and the expenses of administrative receivership.”.

(7)

The amendments made by sub-paragraphs (3) to (6) have effect in relation to accounting periods ending on or after 10th December 2003.