SCHEDULE 3Further provision about how other legislation applies to companies in special administration

Regulation 47(3)

Introduction

1.

This Schedule makes further provision about how certain other legislation applies to companies entering or being in special administration.

Annotations:
Commencement Information

I1Sch. 3 para. 1 in force at 8.7.2021, see reg. 2

General modifications

2.

The following legislation applies with the modifications in paragraph 3.

  • Primary Legislation

  • Taxes Management Act 197039

  • F1Land Registration Act (Northern Ireland) 1970

  • Prescription and Limitation (Scotland) Act 197340

  • F2Judgments Enforcement (Northern Ireland) Order 1981

  • Companies Act 198541
  • Finance Act 198642
  • Debtors (Scotland) Act 198743
  • Companies Act 198944

  • F3Companies (No. 2) (Northern Ireland) Order 1990

  • Taxation of Chargeable Gains Act 199245
  • Pension Schemes Act 199346

  • F4Pension Schemes (Northern Ireland) Act 1993

  • Pensions Act 199547

  • F5Pensions (Northern Ireland) Order 1995

  • Proceeds of Crime (Scotland) Act 199548
  • Employment Rights Act 199649

  • F6Employment Rights (Northern Ireland) Order 1996

  • Terrorism Act 200050
  • Finance Act 200051
  • International Criminal Court Act 200152
  • International Criminal Court (Scotland) Act 200153
  • Proceeds of Crime Act 200254
  • Debt Arrangement and Attachment (Scotland) Act 200255
  • Finance Act 200356
  • Pensions Act 200457

  • F7Pensions (Northern Ireland) Order 2005

  • Companies Act 2006 (except section 1078 does not apply)58
  • Bankruptcy and Diligence (Scotland) Act 200759
  • Finance Act 200860
  • Dormant Bank and Building Society Accounts Act 200861
  • Corporation Tax Act 200962
  • Corporation Tax Act 201063
  • Taxation (International and other Provisions) Act 201064

  • Secondary Legislation

  • Statutory Maternity Pay (General) Regulations 198665

  • F8Statutory Maternity Pay (General) (Northern Ireland) Regulations 1987

  • Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 198766
  • Financial Markets and Insolvency Regulations 199167

  • F9Financial Markets and Insolvency Regulations (Northern Ireland) 1991

  • Land Registration Rules (Northern Ireland) 1994

  • Insolvency Regulations 199468

  • F10...

  • F11Insolvency Regulations (Northern Ireland) 1996

  • Insolvent Companies (Reports on Conduct of Directors) Rules 199670
  • Financial Markets and Insolvency Regulations 199671

  • F12Financial Markets and Insolvency Regulations (Northern Ireland) 1996

  • Individual Savings Account Regulations 199872
  • Corporation Tax (Simplified Arrangements for Group Relief) Regulations 199973
  • Financial Markets and Insolvency (Settlement Finality) Regulations 199974
  • Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 200275

  • F13Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

  • Financial Collateral Arrangements (No 2) Regulations 200376

  • F14Insolvent Companies (Reports on Conduct of Directors) Rules (Northern Ireland) 2003

  • Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 2003

  • Insolvency Practitioners Regulations 200577
  • Pension Protection Fund (Entry Rules) Regulations 200578

  • F15Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

  • Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No 2) Order 200579
  • Gender Recognition (Disclosure of Information) (Scotland) Order 200580
  • Financial Assistance Scheme Regulations 200581

  • F16Insolvency Practitioners Regulations (Northern Ireland) 2006

  • Land Registration (Scotland) Rules 200682
  • Companies (Cross-Border Mergers) Regulations 200783
  • Regulated Covered Bonds Regulations 200884
  • Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 201585
  • Land Registration (Network Access) Rules 200886
  • Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 200887

  • F17...

  • Companies (Disclosure of Address) Regulations 200989
  • Additional Statutory Paternity Pay (General) Regulations 201090

  • F18Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010

  • Registrar of Companies (Fees) Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012

  • Statutory Parental Bereavement Pay (General) Regulations 202091

  • F19Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2023

  • F20Statutory Neonatal Care Pay (General) Regulations 2025

3.

References to—

(a)

a Schedule B1 administrator are to be read as if they were to an administrator appointed under regulation 7;

(b)

Schedule B1 administration or insolvent administration are to be read as if they were to special administration;

(c)

a Schedule B1 administration order are to be read as if they were to a special administration order;

(d)

insolvency legislation, the general law of insolvency, the enactments relating to insolvency and similar expressions are to be read as if they were to special administration and the provisions of the IA 1986 F21or the I(NI)O 1989 as applied and modified by these Regulations;

(e)

becoming insolvent and an insolvency event occurring are to be read as if they were to being put into special administration;

(f)

insolvency proceedings or an insolvency procedure are to be read as if they were to special administration;

(g)

winding up, being wound up, wound up by the court, going into liquidation and compulsory liquidation are to be read as if they were to being put into special administration;

(h)

a winding-up order are to be read as including a special administration order (and, in this context, references to a liquidator are to be read as if they were to an administrator);

(i)

a person acting as an insolvency practitioner within the meaning of section 388 of the IA 1986 F22or Article 3 of the I(NI)O 1989 are to be read as if they were to a person acting as an administrator under these Regulations;

(j)

the provisions of the IA 1986 F23and the I(NI)O 1989 are to be read as if they were to those provisions as applied and modified by these Regulations; and

(k)

the provisions of—

F24(ai)

the Insolvency Rules (Northern Ireland) 1991;

(i)

the Insolvency (England and Wales) Rules 201692,

(ii)

the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 201893, and

(iii)

the Insolvency (Scotland) (Receivership and Winding up) Rules 201894,

are to be read as if they were to the provisions of special administration insolvency rules;

(l)

insolvency or liquidation within the meaning of section 247 of the IA 1986 F25or Article 6 of the I(NI)O 1989 are to be read as if they were to special administration;

(m)

the purposes of the IA 1986 F26or the I(NI)O 1989 are to be read as if they were to the purposes of these Regulations.

Pensions Act 2004 F27and the Pensions (Northern Ireland) Order 2005

4.

F28(1)

In the Pensions Act 200495, in section 121(3)(d), the reference to entering administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the IA 1986 is to be read as if it were to entering special administration.

F29(2)

In the Pensions (Northern Ireland) Order 2005, in Article 105(3)(d), the reference to entering administration within the meaning of paragraph 2(2)(b) of Schedule B1 to the I(NI)O 1989 is to be read as if it were to entering special administration.

CA 2006

5.

In the CA 2006—

(a)

in section 461—

(i)

subsection (4)(c) is to be read as if it included these Regulations in the list of enactments in that subsection;

(ii)

subsection (4)(g) is to be read as if it included these Regulations in the list of enactments in that subsection;

(b)

in Part 35, references to the IA 1986 F30and to the I(NI)O 1989 are to be read as if they included F31that legislation as applied and modified by these Regulations;

(c)

sections 1139 and 1140 are, where an application is made to the court for—

(i)

a special administration order, F32...

F33(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to be read as if they were subject to the provisions for service set out in special administration insolvency rules;

(d)

in Schedule 2, in Part 2, under heading A—

(i)

paragraph 13 is to be read as if it included these Regulations in the list of enactments in that paragraph, and

(ii)

paragraph 37 is to be read as if it included these Regulations in the list of enactments in that paragraph;

(e)

in Schedule 11A, in Part 2—

(i)

paragraph 30 is to be read as if it included these Regulations in the list of enactments in that paragraph, and

(ii)

paragraph 52 is to be read so as to include these Regulations in the list of enactments in that paragraph.

F34Land Registration Rules

6.

The following provisions are to be read as if the reference to administration were to special administration—

(a)

rule 166(1) of the Land Registration Rules (Northern Ireland) 1994, and

(b)

rule 184(1) of the Land Registration Rules 2003.