Statutory Instrument 2002 No. 1240

The Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002

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© Crown Copyright 2002

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Amendment to section 8
     5. After section 8(6) (Power of court to make administration order) insert - 

    " (7) In this Part a reference to a company includes a reference to a company in relation to which an administration order may be made by virtue of Article 3 of the EC Regulation.".

Amendment to section 117
     6. After section 117(6) (Winding up jurisdiction in England and Wales) insert - 

    " (7) This section is subject to Article 3 of the EC Regulation (jurisdiction under EC Regulation).".

Amendment to section 120
     7. After section 120(5) (Winding up jurisdiction in Scotland) insert - 

    " (6) This section is subject to Article 3 of the EC Regulation (jurisdiction under EC Regulation).".

Amendment to section 124
     8. In section 124(1) (Application for winding up) after "contributory or contributories" insert - 

" , or by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation or a temporary administrator (within the meaning of Article 38 of the EC Regulation)".

Amendment to section 221
     9. In section 221(4) (Winding up of unregistered companies) at the end insert - 

" , except in accordance with the EC Regulation".

Amendment to section 225
     10. In section 225 (Winding up of dissolved overseas company) (which becomes subsection (1)) at end insert - 

    " (2) This section is subject to the EC Regulation.".

Amendment to section 240
     11.  - (1) In section 240(3) (Relevant time for purpose of transaction at undervalue or preference) after paragraph (a) (and before the word "and") insert - 

" (aa) in a case where section 238 or 239 applies by reason of a company going into liquidation following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the date of the presentation of the petition on which the administration order was made,".

Amendment to section 247
     12. After section 247(2) (Meaning of "goes into liquidation") insert - 

    " (3) The reference to a resolution for voluntary winding up in subsection (2) includes a resolution deemed to occur by virtue of an order made following conversion of a voluntary arrangement or administration into winding up under Article 37 of the EC Regulation.".

Amendment to section 264
     13. After section 264(1)(b) (Who may present a bankruptcy petition) insert - 

" (ba) by a temporary administrator (within the meaning of Article 38 of the EC Regulation),

(bb) by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation,".

Amendment to section 265
     14. After section 265(2) (Conditions to be satisfied in respect of debtor) insert - 

    " (3) This section is subject to Article 3 of the EC Regulation.".

Amendment to section 330
     15. After section 330(5) (Final distribution) insert - 

    " (6) Subsection (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings).".

Amendments to section 387
     16. In section 387(3) (Relevant date in relation to preferential debts) - 

(a) after paragraph (a) insert - 


" (aa) if the winding up is by the court and the winding-up order was made following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;

(ab) if the company is deemed to have passed a resolution for voluntary winding up by virtue of an order following conversion of administration into winding up under Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;",



(b) in paragraph (b) after "paragraph (a)" insert ", (aa) or (ab)", and

(c) in paragraph (c) for "either paragraph (a) or (b)" substitute - 

" paragraph (a), (aa), (ab) or (b)".

Amendment to section 388
     17. After section 388(5) (Acting as an insolvency practitioner) insert - 

    " (6) Nothing in this section applies to anything done (whether in the United Kingdom or elsewhere) in relation to insolvency proceedings under the EC Regulation in a member State other than the United Kingdom.".

Modified definition of property
     18. After section 436 (Expressions used generally) insert - 

"Proceedings under EC Regulation:
modified definition of property	436A. In the application of this Act to proceedings by virtue of Article 3 of the EC Regulation, a reference to property is a reference to property which may be dealt with in the proceedings. ".

Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,Department of Trade and Industry

1st May 2002

[2] 1972 c. 68. The Secretary of State was designated by the European Communities (Designation Order) (No. 3) 2001. S.I. 2001/3495.back

[3] 1986 c. 45; section 1(2) was amended by the Insolvency Act 2000 (c. 39), section 2(a), Schedule 2, paragraphs 1 and 2; section 8 was amended by the Financial Markets and Services Act 2000 (Consequential Amendments and Repeals) Order 2001, S.I. 2001/3649; section 120(2) was amended by the Court of Session Act 1988 (c. 36), section 52, Schedule 2; section 124(1) was amended by the Criminal Justice Act 1988 (c. 33), section 62(2) and by the Access to Justice Act 1999 (c. 22), section 90(1), Schedule 13, paragraph 133; section 124(3A) was inserted by the Insolvency Act 2000 (c. 39), section 1, Schedule 1, paragraphs 1 and 7; section 124(4) was amended by the Companies Act 1989 (c. 40), section 60(2); section 221(6) was repealed by the Trustee Savings Banks Act 1985 (Appointed Day) (No. 4) Order, S.I. 1989/1223; section 264(1)(d) prospectively repealed, from a day to be appointed, by the Criminal Justice Act 1988, section 170(2), Schedule 16; section 387(2) was amended, and 387(2A) was inserted, by the Insolvency Act 2000, section 2(a), Schedule 2, paragraphs 1, 9 and 11; section 387(5) was amended by that same Act, section 3, Schedule 3, paragraphs 1 and 15; section 388(1), (2) were amended and section 388(2B) was inserted, by the Insolvency Act 2000, section 4(1); sections 388(2A) was inserted and section 388(3) was omitted by the Insolvent Partnerships Order 1994, S.I. 1994/2421, articles 15(1) and 15(2); section 388(5) was amended by the Bankruptcy (Scotland) Act 1993 (c. 6), section 11(1); sections 411, 412, 420 and 421 were amended, and the definition of "EC Regulation" was inserted in section 436, by the Insolvency Act 1986 (Amendment) Regulations 2002, S.I. 2002/1037.back