Part 4

Special administration regime

Restrictions on other insolvency procedures

Making of ordinary administration orders
76
1
This section applies if a person other than the Secretary of State makes an ordinary administration application in relation to a company which is a universal service provider.
2
The court must dismiss the application if—
a
a postal administration order is in force in relation to the company, or
b
a postal administration order has been made in relation to the company but is not yet in force.
3
If subsection (2) does not apply, the court, on hearing the application, must not exercise its powers under paragraph 13 of Schedule B1 to the 1986 Act (other than its power of adjournment) unless—
a
notice of the application has been served on the Secretary of State and OFCOM,
b
a period of at least 14 days has elapsed since the service of the last of those notices to be served, and
c
there is no application for a postal administration order which is outstanding.
4
Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not prevent, or require the permission of the court for, the making of an application for a postal administration order.
5
On the making of a postal administration order in relation to a company, the court must dismiss any ordinary administration application made in relation to the company which is outstanding.
6
In this section “ordinary administration application” means an application in accordance with paragraph 12 of Schedule B1 to the 1986 Act.
S. 76 in force at 1.10.2011 by S.I. 2011/2329, art. 3