5.—(1) The provisions of the Insolvency Act other than those in Schedule B1 as applied by regulation 15 apply in respect of a partnership but where the provision is listed in Table 2 below, that provision shall apply subject to this paragraph.U.K.
(2) The provisions of the 1994 Order set out in Table 2 apply in relation to these Regulations, with—
(a)the modifications set out in sub-paragraph (3); and
(b)any other modification set out in Table 2.
(3) The modifications are that a reference to—
(a)the Act (the Insolvency Act) is a reference to the Regulations;
(b)a provision of the Insolvency Act is to that provision as applied and modified by regulation 15, unless the provision appears in Table 1;
(c)being wound up means that the partnership is in special administration;
(d)office-holder means the administrator; and
(e)insolvency order means a special administration order.
Table 2: Applied provisions of the 1994 Order (general)
| Provision | Subject | Modification or comment |
|---|---|---|
| Article 16 | Application of the Disqualification Act | The reference to the partnership being wound up as an unregistered company under Part V of the Insolvency Act is a reference to it being placed in special administration under these Regulations. |
| Article 18 | Subordinate legislation | |
| Schedule 2, para 43 | Schedule 1 to the Insolvency Act | Paragraph 19 is not applied. |
| Schedule 3, para 9 | Section 234 of the Insolvency Act | The reference in sub-paragraph (1) to article 7 of the 1994 Order is to be read as a reference to regulation 7. |
| Schedule 3, para 10 | Schedule 4 to the Insolvency Act | In Schedule 4, paragraphs 4 to 10, and paragraph 12, are not applied, and in paragraph 13, the reference to “winding up the partnership's affairs and distributing its property” is a reference to “pursuing the special administration objectives.” |
| Schedule 4, para 25 | Section 211 | Sub-paragraph (1) is not applied. |
| Schedule 8 | Application of the Disqualification Act | The provisions of the Disqualification Act listed in Article 16, and applied with modification by Schedule 8, are to be read with the modifications set out in regulation 23. |
| Schedule 10 | Subordinate legislation | (a) The reference to the Insolvency Rules 1986 is a reference to insolvency rules. (b) Ignore the reference to the following instruments— (i) The Insolvency Proceedings (Monetary Limits) Order 1986 M1, (ii) The Administration of Insolvent Estates of Deceased Persons Order 1986 M2, (iii) The Insolvency (Amendment of Subordinate Legislation) Order 1986 M3, (iv) The Companies (Disqualification Orders) Regulations 2001 M4, (v) The Co-operation of Insolvency Courts (Designation of Relevant Countries and Territories) Order 1986 M5, (vi) The Insolvency Practitioners and Insolvency Services Accounts (Fees) Order 2003 M6; and (vii) The Insolvency Proceedings (Fees) Order 2004 M7. |
Marginal Citations
M4S.I. 2001/967 (now revoked).