SCHEDULE
Articles 4 and 5
SCHEDULE
PART 1
PRIMARY LEGISLATION
THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 1930
1. The Third Parties (Rights against Insurers) Act 19303shall be amended as follows.
2. In section 1 (rights of third parties against insurers on bankruptcy, etc, of the insured)—
(a) in subsection (1)(b) omit “or an administration order”, and
(b) after “with respect to the company,” insert “or of the company entering administration,”.
3. In section 2 (duty to give necessary information to third parties), in subsection (1)—
(a) omit “or an administration order”, and
(b) after “with respect to any company” insert “or of the company entering administration”.
PUBLIC PASSENGER VEHICLES ACT 1981
4. In section 19(3)(a) of the Public Passenger Vehicles Act 19814(duty to inform traffic commissioners of relevant convictions etc) for “the making of an administration order under Part II of the Insolvency Act 1986 in relation to” substitute “the entry into administration of”.
ADMINISTRATION OF JUSTICE ACT 1985
5. The Administration of Justice Act 19855shall be amended as follows.
6. In Schedule 2 (incorporated practices: supplementary provisions)—
(a) in paragraph 30(c) for “making of an administration order under Part II of the Insolvency Act 1985” substitute “appointment of an administrator under Schedule B1 to the Insolvency Act 1986”, and
(b) in paragraph 32(1)(c)—
(i) omit “, or an administration order under Part II of the Insolvency Act 1985,”, and
(ii) at the end add “or a recognised body has entered administration”.
7. In Schedule 6 (bodies recognised under s.32: supplementary provisions), in paragraph 10(1)(c)—
(a) omit “, or an administration order under Part II of the Insolvency Act 1985,”, and
(b) at the end add “or a recognised body has entered administration”.
8. The Insolvency Act 1986 is amended as follows.
9. In section 62(6) (cessation of appointment of receiver)—
(a) for “an administration order” substitute “the company is in administration,”, and
(b) omit “is in force”.
10. After section 84(2) (voluntary winding up) insert—
“2A Before a company passes a resolution for voluntary winding up it must give written notice of the resolution to the holder of any qualifying floating charge to which section 72A applies.
2B Where notice is given under subsection (2A) a resolution for voluntary winding up may be passed only—
(a) after the end of the period of five business days beginning with the day on which the notice was given, or
(b) if the person to whom the notice was given has consented in writing to the passing of the resolution.”.
11. In section 422 (recognised banks etc.) omit subsection (1A) as inserted by Article 16(4) of the Financial Services and Markets Act 2000 (Consequential Amendments) Order 20026.
COMPANY DIRECTORS DISQUALIFICATION ACT 1986
12. In Part II of Schedule 1 to the Company Directors Disqualification Act 19867(matters for determining unfitness of directors) in paragraph 10(a) for “section 22” substitute “paragraph 47 of Schedule B1”.
13. In section 93 of the Debtors (Scotland) Act 19878(recovery from debtor of expenses of certain diligences)—
(a) in subsection (4)(c) after “Part II of” insert “, or the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to,”, and
(b) in subsection (5)(b) for “administration order” substitute “administration”.
14. In section 153(2)(c)(i) of the Road Traffic Act 19889(bankruptcy etc of insured or secured persons not to affect claims by third parties)—
(a) omit “or an administration order”, and
(b) at the end add “or the company enters administration”.
INCOME AND CORPORATION TAXES ACT 1988
15. The Income and Corporation Taxes Act 198810shall be amended as follows.
16. In section 289A(8A) (form of relief) in paragraph (a) for “the making of the order in question” substitute “the entry into administration or receivership”.
17. In section 293(4B) (qualifying companies) in paragraph (a) for “the making of the order in question” substitute “the entry into administration or receivership”.
18. For paragraph (a) of section 312(2A) (interpretation of Chapter III) substitute—
“(a)
“(a) references to a company being “in administration” are to a company being in administration within the meaning of Schedule B1 to the Insolvency Act 1986, or to there being in force in relation to it—
(i) an administration order under Part III of the Insolvency (Northern Ireland) Order 1989, or
(ii) any corresponding order under the law of a country or territory outside the United Kingdom;”.
19. In paragraph 11A of Schedule 28B (venture capital trusts: meaning of “qualifying holdings”)—
(a) for sub-paragraph (2)(a) substitute—
“(a)
“(a) a company is “in administration” if it is in administration within the meaning of Schedule B1 to the Insolvency Act 1986, or there is in force in relation to it—
(i) an administration order under Part III of the Insolvency (Northern Ireland) Order 1989, or
(ii) any corresponding order under the law of a country or territory outside the United Kingdom;”, and
(b) in sub-paragraph (3)(a) for “the making of the order in question” substitute “the entry into administration or receivership”.
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1983
20. In section 29(4A) of the Leasehold Reform, Housing and Urban Development Act 199311(deemed withdrawal of initial notice)—
(a) in paragraph (a) omit “or an administration order”, and
(b) at the end add “or the RTE company enters administration,”.
NATIONAL LOTTERY ETC ACT 1993
21. In Part I of Schedule 3 to the National Lottery etc Act 199312(revocation of licences: discretionary grounds) in paragraph 3—
(a) in sub-paragraph (2) omit “for an administration order to be made in respect of the licensee or”, and
(b) after sub-paragraph (4) insert—
“5 An administration application has been made or a notice of intention to appoint an administrator or a notice of an appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (c. 45)has been filed.”.
22. In section 123 of the Pension Schemes Act 199313(interpretation of Chapter II)—
(a) in subsection (1)(c)(i)—
(i) omit “or an administration order”, and
(ii) at the end add “or the company enters administration”, and
(b) in subsection (2)(c)(i)—
(i) omit “or an administration order”, and
(ii) at the end add “or the company enters administration”.
23. In section 62(5) of the Finance Act 199414(partnership, bankruptcy, transfer of business etc) for “in relation to which an administration order is in force” substitute “administration”.
24. The Value Added Tax Act 199415shall be amended as follows.
25. In section 46(5) (business carried on in divisions or by unincorporated bodies, personal representatives etc) for “to an administration order being in force in relation to it” substitute “administration”.
26. In section 81 (interest given by way of credit and set-off of credits)—
(a) in subsection (4B) for paragraph (a) substitute—
“(a)
“(a)...
