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- Original (As enacted)
This is the original version (as it was originally enacted).
Arrangements and reconstructions for companies in financial difficulty
Termination clauses in supply contracts
14.Protection of supplies of goods and services: Great Britain
16.Protection of supplies of electricity, gas, water, etc: Northern Ireland
17.Further protection of essential supplies: Northern Ireland
18.Protection of supplies of goods and services: Northern Ireland
19.Temporary exclusion for small suppliers: Northern Ireland
Power to amend corporate insolvency or governance legislation: Great Britain
Power to amend corporate insolvency or governance legislation: Northern Ireland
SCHEDULES
Moratoriums in Great Britain: contracts involving financial services
Moratoriums in Great Britain: further amendments
2.Omit section 1A (moratorium where directors propose voluntary arrangement).
3.In section 2 (procedure where nominee is not the liquidator...
4.(1) Section 4 (decision of the company and its creditors...
5.(1) Section 4A (approval of voluntary arrangement) is amended as...
6.(1) Section 5 (effect of approval of voluntary arrangement) is...
7.(1) Section 7A (prosecution of delinquent officers of company) is...
8.In section 7B (arrangements coming to an end prematurely) omit—...
9.In section 115 (expenses of voluntary winding up), at the...
10.In section 122 (circumstances in which company may be wound...
11.In section 124 (winding up by the court), omit subsection...
12.In section 127 (avoidance of property dispositions etc), after subsection...
13.Before section 175 (and before the italic heading “Preferential debts”...
14.(1) Section 175 (preferential debts: general provision) is amended as...
15.(1) Section 233 (supplies of gas, water, electricity etc) is...
16.In section 246ZD (power to assign certain causes of action),...
17.In section 246A (remote attendance at meetings), in subsection (10),...
18.In section 246B (use of websites), in subsection (3), before...
19.In section 247 (meaning of “insolvency” etc), in subsection (1),...
20.In section 387 (“the relevant date” in relation to preferential...
21.(1) Section 388 (meaning of “act as insolvency practitioner”) is...
22.(1) Section 411 (company insolvency rules) is amended as follows....
24.Before section 416 (monetary limits (companies winding up)) insert— Monetary...
26.In section 430 (provision introducing Schedule of punishments), after subsection...
27.In section 431 (summary proceedings), in subsection (1), for “Parts...
28.In section 432 (offences by bodies corporate), in subsection (4)—...
29.In section 434 (Crown application), after “Insolvency Act 1985” insert...
30.Omit Schedule A1 (moratorium where directors propose voluntary arrangement).
32.(1) Schedule 8 (provision capable of inclusion in company insolvency...
33.(1) Schedule 10 (punishment of offences under the Act) is...
35.The Financial Markets and Insolvency (Settlement Finality) Regulations 1999
39.The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
40.The Financial Collateral Arrangements (No.2) Regulations 2003
45.After section 247 insert— Regulations about moratorium for certain CIOs...
46.The Investment Bank Special Administration Regulations 2011
47.In regulation 21 (dissolution or voluntary arrangement), in paragraph (5A)—...
48.In Schedule 2 (bank administration), in paragraph 16(3)(ba)—
49.The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012
51.In section 106 (appointment of inspectors and calling of special...
52.(1) Section 118 (power to apply provisions about company arrangements...
53.In section 147 (regulations and orders), in subsection (3), for...
54.The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I. 2014/229)
55.The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015
Moratoriums in Great Britain: temporary provision
PART 1 “Relevant period” and powers to turn off temporary provision
PART 3 Temporary rules: England and Wales
14.Content of documents relating to the obtaining or extending of a moratorium: general
15.Authentication of documents relating to obtaining or extending moratorium: general
21.Extension under section A10 or A11 of the Insolvency Act 1986: notices and statements
22.Timing of statements for extension under section A10 or A11
23.Obtaining creditor consent: qualifying decision procedure
24.Rule 15.11 of the England and Wales Insolvency Rules (notice...
25.Rule 15.28 of the England and Wales Insolvency Rules (creditors’...
26.Rule 15.31 of the England and Wales Insolvency Rules (calculation...
27.Rule 15.32 of the England and Wales Insolvency Rules (calculation...
28.Rule 15.34 of the England and Wales Insolvency Rules (requisite...
29.Content of application to the court for extension of moratorium
30.Timing of statements accompanying application to court for extension of moratorium
34.(1) A notice under section A17(4) of the Insolvency Act...
37.Termination of moratorium under section A38(1)(d) of the Insolvency Act 1986
38.Replacement of monitor or additional monitor: statement and consent to act
39.Replacement of monitor or additional monitor: notification
41.Challenge to directors’ actions: qualifying decision procedure
42.Priority of moratorium debts etc in subsequent winding up
43.Priority of moratorium debts etc in subsequent administration
45.(1) The following provisions of the England and Wales Insolvency...
PART 4 Temporary rules: Scotland
54.Content of documents relating to the obtaining or extending of a moratorium: general
55.Authentication of documents relating to obtaining or extending moratorium: general
61.Extension under section A10 or A11 of the Insolvency Act 1986: notices and statements
62.Timing of statements for extension under section A10 or A11
63.Obtaining creditor consent: qualifying decision procedure
64.Rule 5.11 of the Scottish Insolvency Rules (notice of decision...
65.Rule 5.26 of the Scottish Insolvency Rules (creditors’ voting rights)...
66.Rule 5.28 of the Scottish Insolvency Rules (calculation of voting...
67.Rule 5.29 of the Scottish Insolvency Rules (calculation of voting...
68.Rule 5.31 of the Scottish Insolvency Rules (requisite majorities) has...
69.Content of application to the court for extension of moratorium
70.Timing of statements accompanying application to court for extension of moratorium
74.(1) A notice under section A17(4) of the Insolvency Act...
77.Termination of moratorium under section A38(1)(d) of the Insolvency Act 1986
78.Replacement of monitor or additional monitor: statement and consent to act
79.Replacement of monitor or additional monitor: notification
81.Challenge to directors’ actions: qualifying decision procedure
82.Priority of moratorium debts etc in subsequent winding up
83.Priority of moratorium debts etc in subsequent administration
85.(1) The following provisions of the Scottish Insolvency Rules apply,...
Moratoriums in Northern Ireland: contracts involving financial services
Moratoriums in Northern Ireland: further amendments
4.(1) Article 3 (meaning of “act as insolvency practitioner”) is...
5.In Article 6 (meaning of “insolvency” etc), in paragraph (1),...
6.Omit Article 14A (moratorium where directors propose voluntary arrangement).
7.In Article 15 (procedure where nominee is not the liquidator...
8.(1) Article 17 (decision of the company and its creditors...
9.(1) Article 17A (approval of voluntary arrangement) is amended as...
10.(1) Article 18 (effect of approval of voluntary arrangement) is...
11.(1) Article 20A (prosecution of delinquent officers of company) is...
12.In Article 20B (arrangements coming to an end prematurely) omit—...
13.In Article 100 (expenses of voluntary winding up), at the...
14.In Article 102 (circumstances in which company may be wound...
15.In Article 104 (application for winding up by the High...
16.In Article 107 (avoidance of property dispositions etc), after paragraph...
17.Before Article 149 (and before the italic heading “Preferential debts”...
18.(1) Article 149 (preferential debts: general provision) is amended as...
19.(1) Article 197 (supplies of water, electricity, etc) is amended...
20.In Article 208ZA (remote attendance at meetings), as inserted by...
21.In Article 208ZB (use of websites), as inserted by section...
22.In Article 347 (“the relevant date” in relation to preferential...
24.In Article 373 (offences: disapplication of section 20(2) of the...
25.In Article 383(a), for “Parts 2 to 7” substitute “Parts...
26.Omit Schedule A1 (moratorium where directors propose voluntary arrangement).
28.(1) Schedule 5 (provision capable of inclusion in company insolvency...
29.(1) Schedule 7 (punishment of offences under the Order) is...
32.The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
33.The Insolvency Practitioners Regulations (Northern Ireland) 2006
34.Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6))
35.Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10))
Moratoriums in Northern Ireland: temporary provision
PART 1 “Relevant period” and powers to turn off temporary provision
13.Content of documents relating to the obtaining or extending of a moratorium: general
14.Authentication of documents relating to obtaining or extending moratorium: general
20.Extension under Article 13CA or 13CB of the Insolvency (Northern Ireland) Order 1989: notices and statements
21.Timing of statements for extension under Article 13CA or 13CB
23.(1) In their application for the purposes of a decision...
31.Content of application to the High Court for extension of moratorium
32.Timing of statements accompanying application to High Court for extension of moratorium
36.(1) A notice under Article 13CH(4) of the Insolvency (Northern...
39.Termination of moratorium under Article 13ED(1)(d) of the Insolvency (Northern Ireland) Order 1989
40.Replacement of monitor or additional monitor: statement and consent to act
41.Replacement of monitor or additional monitor: notification
44.Priority of moratorium debts etc in subsequent winding up
45.Priority of moratorium debts etc in subsequent administration
47.(1) This paragraph applies where a provision of this Part...
Arrangements and reconstructions for companies in financial difficulty
PART 2 Consequential amendments
3.In section 80D (repurchases and stock lending: replacement stock on...
4.In section 89AB (stamp duty reserve tax: exception for repurchases...
6.(1) In Part 4 (winding up of companies registered under...
8.Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
9.In Article 150A (share of assets for unsecured creditors), in...
13.In section 263CA (stock lending: insolvency etc of borrower), in...
14.In Schedule 5AA (meaning of “scheme of reconstruction” for purposes...
18.In section 105 (insurance business transfer schemes), in subsection (5),...
19.In Schedule 17A (further provision in relation to exercise of...
24.(1) Schedule 3 (SAYE option schemes) is amended as follows....
26.In Schedule 5 (enterprise management incentives), in paragraph 39 (company...
29.Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10))
31.In section 32(1) (constitutional documents to be provided to members),...
32.In section 93 (recent allotment of shares for non-cash consideration),...
34.In section 681 (unconditional exceptions to prohibition against financial assistance),...
35.(1) Part 26 (arrangements and reconstructions) is amended as follows....
36.(1) Part 27 (mergers and divisions of public companies) is...
37.(1) In Part 31 (dissolution and restoration to the register),...
38.In section 1078 (documents subject to disclosure requirements), in subsection...
39.(1) Schedule 8 (index of defined expressions) is amended as...
43.(1) Part 7ZA (restrictions on obtaining certain deductions) is amended...
44.In Part 14 (change in company ownership), in section 724A...
47.(1) Section 100A (restructuring by company: proposed restructuring) is amended...
48.(1) Section 101 (restructuring of company) is amended as follows....
Winding-up petitions: Great Britain
PART 1 Prohibition of petitions on basis of statutory demands
PART 2 Restriction on winding-up petitions and orders
3.Restriction on winding-up petitions: unregistered companies
4.Restriction on winding-up petitions: petitions made before commencement
7.Restriction on winding-up orders: orders made before commencement
10.In section 74 of the 1986 Act (liability as contributories...
15.(1) Section 240 of the 1986 Act (definition of “relevant...
16.(1) Section 242 of the 1986 Act (gratuitous alienations (Scotland))...
17.In section 243 of the 1986 Act (unfair preferences (Scotland)),...
20.(1) This paragraph applies in relation to a petition which...
Winding-up petitions: Northern Ireland
PART 1 Prohibition of petitions on basis of statutory demands
PART 2 Restriction on winding-up petitions and orders
3.Restriction on winding-up petitions: unregistered companies
4.Restriction on winding-up petitions: petitions made before commencement
7.Restriction on winding-up orders: orders made before commencement
10.In Article 61 of the 1989 Order (liability as contributories...
12.In Article 171 of the 1989 Order (transactions in fraud...
13.In Article 172 of the 1989 Order (misconduct in course...
15.(1) Article 204 of the 1989 Order (definition of “relevant...
16.(1) Article 207 of the 1989 Order (avoidance of certain...
Protection of supplies of goods and services: Great Britain
PART 2 Consequential amendments
3.In Schedule 15A to the Building Societies Act 1986 (application...
4.In Schedule 10 to the Friendly Societies Act 1992 (application...
6.In Schedule 4 to the Limited Liability Partnerships Regulations 2001...
7.In Schedule 2 to the Limited Liability Partnerships (Scotland) Regulations...
8.In Schedule 3 to the Co-operative and Community Benefit Societies...
Protection of supplies of goods and services: Northern Ireland
Meetings of companies and other bodies
3.Meetings of qualifying bodies held during the relevant period
4.Meetings of qualifying bodies held during the relevant period: power to make further provision
5.Extension of period for qualifying body to hold annual general meeting
6.Power to extend period for qualifying body to hold annual general meeting
7.Regulations made by the Secretary of State or the Treasury
9.Regulations made by the Department for the Economy in Northern Ireland
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