C7C6C5C4Part 31Dissolution and restoration to the register

Annotations:
Modifications etc. (not altering text)
C7

Pt. 31 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(c), 8(2); S.I. 2013/2936, art. 2

C6

Pt. 31 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

C5

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 2Property of dissolved company

Effect of Crown disclaimer: England and Wales and Northern Ireland

C1C2C3C81016Disclaimer of leaseholds

1

The disclaimer of any property of a leasehold character does not take effect unless a copy of the disclaimer has been served (so far as the Crown representative is aware of their addresses) on every person claiming under the company as underlessee or mortgagee, and either—

a

no application under section 1017 (power of court to make vesting order) is made with respect to that property before the end of the period of 14 days beginning with the day on which the last notice under this paragraph was served, or

b

where such an application has been made, the court directs that the disclaimer shall take effect.

2

Where the court gives a direction under subsection (1)(b) it may also, instead of or in addition to any order it makes under section 1017, make such order as it thinks fit with respect to fixtures, tenant's improvements and other matters arising out of the lease.

3

In this section the “Crown representative” means—

a

in relation to property vested in the Duchy of Lancaster, the Solicitor to that Duchy;

b

in relation to property vested in the Duke of Cornwall, the Solicitor to the Duchy of Cornwall;

c

in relation to property in Scotland, the Queen's and Lord Treasurer's Remembrancer;

d

in relation to other property, the Treasury Solicitor.