Savings

Saving for provisions relating to nature of liability of member or contributory11

1

The new provisions as to the nature of a member's or contributory's liability apply to liabilities arising on or after 1st October 2009 and the old provisions continue to apply to liabilities arising before that date.

2

The new provisions are section 33(2) of the Companies Act 2006 and (in England and Wales) section 80 of the Insolvency Act 1986 as amended by this Order.

3

The old provisions are—

a

in England and Wales, section 14(2) of the Companies Act 1985 and section 80 of the Insolvency Act 1986 as it has effect before that amendment;

b

in Northern Ireland, Articles 4(d)(ii) and 15(c) of the Limitation (Northern Ireland) Order 1989 M1.

4

For the purposes of this article a liability is treated as arising when the limitation period starts to run for the purposes of the Limitation Act 1980 M2 or the Limitation (Northern Ireland) Order 1989.