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Regulation 47(3)

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

IntroductionU.K.

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

Commencement Information

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

General modificationsU.K.

2.  The following legislation applies with the modifications in paragraph 3.

Textual Amendments

Commencement Information

I2Sch. 3 para. 2 in force at 8.7.2021, see reg. 2

3.  References to—U.K.

(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 [F20or 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 [F21or 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 [F22and 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—

[F23(ai)the Insolvency Rules (Northern Ireland) 1991;]

(i)the Insolvency (England and Wales) Rules 2016(52),

(ii)the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018(53), and

(iii)the Insolvency (Scotland) (Receivership and Winding up) Rules 2018(54),

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 [F24or 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 [F25or the I(NI)O 1989] are to be read as if they were to the purposes of these Regulations.

Textual Amendments

Commencement Information

I3Sch. 3 para. 3 in force at 8.7.2021, see reg. 2

Pensions Act 2004 [F26and the Pensions (Northern Ireland) Order 2005]U.K.

4.—[F27(1)] In the Pensions Act 2004(55), 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.

[F28(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.]

Textual Amendments

Commencement Information

I4Sch. 3 para. 4 in force at 8.7.2021, see reg. 2

CA 2006U.K.

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 [F29and to the I(NI)O 1989] are to be read as if they included [F30that 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, F31...

F32(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.

Textual Amendments

Commencement Information

I5Sch. 3 para. 5 in force at 8.7.2021, see reg. 2

[F33Land Registration RulesU.K.

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.]

Textual Amendments

(22)

2008 c. 9.

(24)

2009 c. 4.

(25)

2010 c. 4.

(26)

2010 c. 8.