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'"company" includes a company which may enter administration by virtue of Article 3 of the EC Regulation,"'.—[Miss Melanie Johnson.]

Schedule 17

Administration: minor and consequential amendments


Amendments made: No. 125, in page 276, line 17, at end insert—

'General

A1 In any instrument made before section 242(1) to (3) of this Act comes into force—

(a) a reference to the making of an administration order shall be treated as including a reference to the appointment of an administrator under paragraph 12 or 20 of Schedule B1 to the Insolvency Act 1986 (c. 45) (inserted by section 242(2) of this Act), and

(b) a reference to making an application for an administration order by petition shall be treated as including a reference to making an administration application under that Schedule, appointing an administrator under paragraph 12 or 20 of that Schedule or giving notice under paragraph 13 or 24 of that Schedule.'.
No. 329, in page 276, line 35, at end insert—

'5A In section 652B(3) (duty when applying to strike off defunct company) for paragraph (c) substitute—

"(c) the company is in administration under Part II of that Act;

(ca) an application to the court for an administration order in respect of the company has been made and not finally dealt with or withdrawn;

(cb) a copy of notice of intention to appoint an administrator of the company under paragraph 12 of Schedule B1 to that Act has been filed with the court and neither of the events mentioned in paragraph 42(1A)(a) and (b) of that Schedule has occurred;

(cc) a copy of notice of intention to appoint an administrator of the company under paragraph 20 of that Schedule has been filed with the court and neither of the events mentioned in paragraph 42(2)(a) and (b) of that Schedule has occurred;"'.

5B In section 652C(4) (director's duty following application to strike off defunct company) for paragraph (d) substitute—

"(d) an application to the court for an administration order in respect of the company is made under paragraph 10 of Schedule B1 to that Act;

(da) an administrator is appointed in respect of the company under paragraph 12 or 20 of that Schedule;

(db) a copy of notice of intention to appoint an administrator of the company under paragraph 12 or 20 of that Schedule is filed with the court;"'.
No. 126, in page 277, line 29, at end insert—

'12A After section 129(1) (commencement of winding up) insert—

"(1A) Where the court makes a winding-up order by virtue of paragraph 11(1)(e) of Schedule B1, the winding up is deemed to commence on the making of the order."'.
No. 330, in page 278, line 24, at end insert "copy of a".
No. 331, in page 278, line 26, after "paragraph", insert "12 or".

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No. 127, in page 278, line 29, after "(3)(a)", insert ", (aa)".
No. 332, in page 278, line 36, after "paragraph", insert "12 or".
No. 333, in page 278, line 37, leave out from first "of" to "the" in line 38 and insert—

'a copy of a notice of intention to appoint under that paragraph, the date on which the copy of'.
No. 334, in page 278, line 44, after "liquidation", insert—

'either following conversion of administration into winding up by virtue of Article 37 of the EC Regulation or'.
No. 335, in page 279, line 1, after "or", insert "a copy of the".
No. 336, in page 279, line 13, leave out paragraph (c) and insert—

"(c) a copy of a notice of intention to appoint an administrator under paragraph 12 or 20 of Schedule B1 has been filed,"'.
No. 337, in page 279, line 24, leave out paragraph (c) and insert—

"(c) a copy of a notice of intention to appoint an administrator under paragraph 12 or 20 of Schedule B1 has been filed,"'.
No. 338, in page 280, line 4, at end insert "copy of".
No. 339, in page 280, line 6, after "paragraph", insert "12 or".
No. 340, in page 280, line 15, after "paragraph", insert "12 or".
No. 341, in page 280, line 16, leave out from first "of" to "the" in line 17 and insert—

'a copy of notice of intention to appoint under that paragraph, the date on which the copy of'.
No. 342, in page 280, line 32, leave out "After subsection (2) add" and insert "For subsection (3) substitute".
No. 343, in page 280, line 35, after first "of", insert—

'(a) '.
No. 344, in page 280, line 35, at end insert—

', or

(b) an order made following conversion of administration or a voluntary arrangement into winding up by virtue of Article 37 of the EC Regulation.'.
No. 345, in page 280, leave out line 36 and insert—

'(1) Section 387 (preferential debts: "the relevant date") shall be amended as follows.

(2) In subsection (2) for paragraphs (a) and (b) substitute—

"(a) if the company is in administration, the date on which it entered administration, and

(b) if the company is not in administration, the date of the approval of the voluntary arrangement."

(3) In subsection (3)—

(a) in paragraphs (aa) and (ab) for "the date of the making of the administration order" substitute "the date on which the company entered administration",

(b) after paragraph (b) insert—

"(ba) if the case does not fall within paragraph (a), (aa), (ab) or (b) and the company is being wound up following administration pursuant to paragraph 82 of Schedule B1, the relevant date is the date on which the company entered administration;", and

(c) in paragraph (c) for "paragraph (a), (aa), (ab) or (b)" substitute "paragraph (a), (aa), (ab), (b) or (ba)".

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(4) After subsection (3)'.
No. 128, in page 280, line 40, at end insert—

'30A In section 422 (power to apply first Group of Parts to banks, &c.) for subsection (1) substitute—

"(1) The Secretary of State may by order made with the concurrence of the Treasury and after consultation with the Financial Services Authority provide that specified provisions in the first Group of Parts shall apply with specified modifications in relation to any person who—

(a) has a liability in respect of a deposit which he accepted in accordance with the Banking Act 1979 (c. 37) or 1987 (c. 22), but

(b) does not have permission under Part IV of the Financial Services and Markets Act 2000 (c. 8) (administration) to accept deposits.

(1A) Subsection (1)(b) shall be construed in accordance with—

(a) section 22 of the Financial Services and Markets Act 2000 (classes of regulated activity and categories of investment),

(b) any relevant order under that section, and

(c) Schedule 2 to that Act (regulated activities)."'.
No. 346, in page 283, line 26, at end insert—

'38A In section 158 (modification of insolvency law)—

(a) in subsection (3) for paragraph (b) substitute—

"(b) the application for an administration order or the presentation of a winding-up petition or the passing of a resolution for voluntary winding up,", and

(b) after subsection (3) insert—

"(3A) In subsection (3)(b) the reference to an application for an administration order shall be taken to include a reference to—

(a) in a case where an administrator is appointed under paragraph 12 or 20 of Schedule B1 to the Insolvency Act 1986 (appointment by floating charge holder, company or directors) following filing with the court of a copy of a notice of intention to appoint under that paragraph, the filing of the copy of the notice, and

(b) in a case where an administrator is appointed under either of those paragraphs without a copy of a notice of intention to appoint having been filed with the court, the appointment of the administrator."'.
No. 129, in page 283, line 29, leave out "41(6) (including" and insert—

'40 or 41 (including paragraph 41(6)'.
No. 347, in page 283, line 30, at end insert—

'39A After section 167(1) (application by exchange or clearing house to Secretary of State about taking default proceedings) insert—

"(1A) In subsection (1) a reference to an administration order shall be taken to include a reference to the appointment of an administrator under—

(a) paragraph 12 of Schedule B1 to the Insolvency Act 1986 (c. 45) (appointment by holder of qualifying floating charge), or

(b) paragraph 20 of that Schedule (appointment by company or directors)."'.
No. 130, in page 283, line 35, after "41(2)" insert "and (3)".
No. 131, in page 283, line 35, at end insert "or repossession of goods)".
No. 132, in page 283, line 38, leave out "and 70" and insert ", 70 and 71".
No. 133, in page 283, line 39, after "charged", insert "or hire-purchase".

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No. 348, in page 283, line 42, at end insert—

'(3) In subsection (2) for "an administration order has been made or a petition for an administration order has been presented" substitute "the occurrence of an event to which subsection (2A) applies".

(4) After subsection (2) insert—

"(2A) This subsection applies to—

(a) making an administration application under paragraph 10 of Schedule B1 to the Insolvency Act 1986,

(b) appointing an administrator under paragraph 12 or 20 of that Schedule (appointment by floating charge holder, company or directors),

(c) filing with the court a copy of notice of intention to appoint an administrator under either of those paragraphs."'.
No. 134, in page 284, line 12, at end insert—
'Employment Rights Act 1996 (c. 18)

41A (1) The Employment Rights Act 1996 shall be amended as follows.

(2) In section 166(7) (application by employee for payment by Secretary of State)—

(a) in paragraph (a) omit "or an administration order", and

(b) after paragraph (a) insert—

"(aa) if the company is in administration for the purposes of the Insolvency Act 1986,".

(3) In section 183(3)(a) (insolvency of employer)—

(a) in paragraph (a) omit "or an administration order", and

(b) after paragraph (a) insert—

"(aa) if the company is in administration for the purposes of the Insolvency Act 1986,".

(4) Omit section 189(4) (transfer to Secretary of State of rights and remedies: priority of preferential debts).'.
No. 349, in page 284, leave out lines 17 to 24 and insert—

'(7) Subsections (8) and (9) apply in relation to the reference in subsection (3) to applying for an administration order.

(8) In a case where an administrator is appointed under paragraph 12 or 20 of Schedule B1 to the Insolvency Act 1986 (appointment by floating charge holder, company or directors)—

(a) the reference includes a reference to appointing an administrator under that paragraph, and

(b) in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.

(9) In a case where a copy of a notice of intention to appoint an administrator under either of those paragraphs is filed with the court—

(a) the reference shall be taken to include a reference to the filing of the copy of the notice, and

(b) in respect of the filing of a copy of a notice of intention to appoint under either of those paragraphs the reference to the applicant shall be taken as a reference to the person giving the notice.'.
No. 350, in page 284, line 28, leave out "applying for" and insert "the making of".
No. 351, in page 284, line 37, leave out "In section 215(3)" and insert "Section 215".
No. 352, in page 284, line 38, after "insolvency)", insert—

'shall be amended as follows.

(2) In subsection (3)'.

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No. 353, in page 284, line 41, at end insert—

'(3) After subsection (3) insert—

"(3A) In subsection (3) the reference to making an administration application includes a reference to—

(a) appointing an administrator under paragraph 12 or 20 of Schedule B1 to the 1986 Act, or

(b) filing with the court a copy of notice of intention to appoint an administrator under either of those paragraphs."'.
No. 140, in page 284, line 41, at end insert—

'46A For section 359 (administration order) substitute—

"359 Administration order

(1) The Authority may make an administration application under Schedule B1 to the 1986 Act (or present a petition under Article 22 of the 1989 Order) in relation to a company or insolvent partnership which—

(a) is or has been an authorised person,

(b) is or has been an appointed representative, or

(c) is carrying on or has carried on a regulated activity in contravention of the general prohibition.

(2) Subsection (3) applies in relation to an administration application made (or a petition presented) by the Authority by virtue of this section.

(3) Any of the following shall be treated for the purpose of paragraph 9(a) of Schedule B1 to the 1986 Act (or Article 21(1)(a) of the 1989 Order) as unable to pay its debts—

(a) a company or partnership in default on an obligation to pay a sum due and payable under an agreement, and

(b) an authorised deposit taker in default on an obligation to pay a sum due and payable in respect of a relevant deposit.

(4) In this section—

"agreement" means an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the company or partnership,

"authorised deposit taker" means a person with a Part IV permission to accept deposits (but not a person who has a Part IV permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission),

"company" means a company—

(a) in respect of which an administrator may be appointed under Schedule B1 to the 1986 Act, or

(b) to which Article 21 of the 1989 Order applies, and

"relevant deposit" shall, ignoring any restriction on the meaning of deposit arising from the identity of the person making the deposit, be construed in accordance with—

(a) section 22,

(b) any relevant order under that section, and

(c) Schedule 2.

(5) The definition of "authorised deposit taker" in subsection (4) shall be construed in accordance with—

(a) section 22,

(b) any relevant order under that section, and

(c) Schedule 2."'.
No. 354, in page 285, line 21, after "to", insert—

'(a) '.
No. 355, in page 285, line 24, after "(c).",", insert "or

(b) the filing with the court of a copy of notice of intention to appoint an administrator under either of those paragraphs."'.—[Miss Melanie Johnson.]

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Clause 244

Prohibition of appointment of administrative receiver


Amendments made: No. 321, in page 169, line 10, leave out—

'or is expected to incur'
and insert—

', or when the agreement was entered into was expected to incur,'.
No. 322, in page 170, line 11, leave out—

'a project company incurs or is expected to incur'
and insert—

'under an agreement relating to the project a project company incurs, or when the agreement is entered into is expected to incur,'.—[Miss Melanie Johnson.]

Mr. Waterson: I beg to move amendment No. 13, in page 170, line 27, at end insert—


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