|
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
547
Schedule 16, page 263, line 17, leave out 'has been or'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
475
Schedule 16, page 263, line 20, leave out 'thinks' and insert 'reasonably believes'.
Miss Melanie Johnson
497
Schedule 16, page 263, line 28, leave out 'send a copy' and insert—
| (b) | send a copy of the notice'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
548
Schedule 16, page 263, line 28, after 'copy', insert 'to the person or persons who appointed him to the company and'.
Miss Melanie Johnson
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
498
Schedule 16, page 263, line 30, leave out '(4)' and insert '(3)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
426
Schedule 16, page 263, line 34, leave out '98' and insert '84(1)(c)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
550
Schedule 16, page 263, leave out lines 36 to 39 and insert 'and
| (c) | the administrator becomes the liquidator of the company and continues in office unless and until another person is appointed liquidator by the creditors at a meeting held in the prescribed manner and within the prescribed period.'. |
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
476
Schedule 16, page 263, line 41, leave out 'thinks' and insert 'reasonably believes'.
Miss Melanie Johnson
499
Schedule 16, page 264, line 4, leave out 'send a copy' and insert—
| '(a) | file a copy of the notice with the court, and |
| (b) | send a copy of the notice'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
551
Schedule 16, page 265, leave out lines 36 and 37 and insert—
'(2) The creditors' committee shall be entitled to appear on any application made in reliance on sub-paragraph (1)(b) to (d).'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
427
Schedule 16, page 265, line 37, at end insert 'or where the creditors committee fails to apply under sub-paragraph (1)(a) within seven days following the event specified in paragraph 89'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
428
Schedule 16, page 265, line 39, leave out 'he' and insert 'the holder'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
449
Schedule 16, page 266, line 39, leave out 'A creditors' and insert 'The initial creditors' meeting, or any creditors' meeting held before that'.
Miss Melanie Johnson
500
Schedule 16, page 267, line 3, leave out 'dies, because he vacates office or' and insert 'vacates office by reason of resignation, death or otherwise, because he'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
422
Schedule 16, page 267, line 4, leave out 'discharged' and insert 'released'.
Miss Melanie Johnson
501
Schedule 16, page 267, line 16, leave out 'dies, because he vacates office or' and insert 'vacates office by reason of resignation, death or otherwise, because he'.
Miss Melanie Johnson
502
Schedule 16, page 267, line 38, leave out 'be disregarded in determining whether a contract is adopted' and insert 'not be taken to amount or contribute to the adoption of a contract,'.
Miss Melanie Johnson
503
Schedule 16, page 268, line 1, leave out 'leave' and insert 'holiday'.
Miss Melanie Johnson
504
Schedule 16, page 268, line 3, leave out 'leave' and insert 'holiday'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
552
Schedule 16, page 268, leave out line 6.
Miss Melanie Johnson
505
Schedule 16, page 268, line 6, leave out 'an entitlement' and insert 'holiday'.
Miss Melanie Johnson
565
Schedule 17, page 272, line 6, at end insert—
| | 1A | The Companies Act 1985 shall be amended as follows. |
| | 1B | In section 225 (alteration of accounting reference date)— |
(a) in subsection (4) for "an administration order is in force" substitute "the company is in administration", and
(b) in subsection (6) for "An accounting reference period may not in any case, unless an administration order is in force" substitute "A company's accounting reference period may not in any case, unless the company is in administration".
| | 1C | In section 425(1) (power of company to compromise) for "an administration order being in force in relation to a company" substitute "in administration". |
| | 1D | In section 427A(3) (mergers and divisions of public companies) for "an administration order being in force in relation to the company" substitute "where the company is in administration".'. |
Miss Melanie Johnson
566
Schedule 17, page 272, line 8, at end insert—
| | '2A | In section 1 (proposal for company voluntary arrangement)— |
(a) in subsection (1) for "(other than one for which an administration order is in force, or which is being wound up)" substitute "(other than one which is in administration or being wound up)", and
(b) in subsection (3) for paragraph (a) substitute—
| "(a) | where the company is in administration, by the administrator,". |
| | 2B | In section 5(3) (approval of company voluntary arrangement)— |
(a) for "an administration order is in force" substitute "is in administration", and
(b) for "discharge the administration order" substitute "provide for the appointment of the administrator to cease to have effect".
| | 2C | In section 6(2)(c) (challenge of decision in relation to company voluntary arrangement) for "an administration order is in force" substitute "is in administration".'. |
Miss Melanie Johnson
567
Schedule 17, page 272, line 23, at end insert—
| | '5A | In section 140 (appointment by court of liquidator following administration or voluntary arrangement) for subsection (1) substitute— |
"(1) Where a winding-up order is made immediately upon the appointment of an administrator ceasing to have effect, the court may appoint as liquidator of the company the person whose appointment as administrator has ceased to have effect." '.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
553
Schedule 17, page 272, line 23, at end insert—
'5A In section 129 after subsection (1) add—
"(1A) If the court makes an order under paragraph 11(1)(e) of Schedule B1 that the company be wound up, the winding up of the company is deemed to commence at the time of the order.".'.
Miss Melanie Johnson
506
Schedule 17, page 275, line 27, leave out '82(4)(b)' and insert '82(5)(b)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
554
Schedule 17, page 275, line 27, at end insert—
'22 (1) For section 387(1)(a) substitute—
| (i) | the winding up is by the court and the winding-up order was made on the termination of an administration, or |
| (ii) | the company was placed into creditors' voluntary liquidation under paragraph 82 of Schedule B1, |
the relevant date is the date on which the company entered into administration.".'.
Miss Melanie Johnson
568
Schedule 17, page 275, line 32, at end insert—
| | '22A | In section 424(1)(a) (application for order in relation to transaction defrauding creditor) for "in relation to which an administration order is in force" substitute "is in administration".'. |
Miss Melanie Johnson
569
Schedule 17, page 275, line 33, leave out paragraph 23 and insert—
| '23 (1) | Schedule A1 (moratorium where directors propose voluntary arrangement) shall be amended as follows. |
| (2) | In paragraph 4(1) (exclusion from eligibility for moratorium)— |
(a) for paragraph (a) substitute—
"(a) the company is in administration,", and
(b) after paragraph (f) (and before the word "or") insert—
"(fa) an administrator appointed under paragraph 20 of Schedule B1 has held office in the period of 12 months ending with the date of filing,".
| (3) | In paragraph 12(1) (effect of moratorium on creditor) for paragraph (d) substitute— |
"(d) no administration application may be made in respect of the company,
(da) no administrator of the company may be appointed under paragraph 12 or 20 of Schedule B1,".
| (4) | In paragraph 40 (challenge of directors' actions during moratorium) for sub-paragraph (7) substitute— |
| | "(7) | Sub-paragraph (8) applies where— |
(a) the appointment of an administrator has effect in relation to the company and the appointment took effect before the moratorium came into force, or
(b) the company is being wound up in pursuance of a petition presented before the moratorium came into force.
| (8) | No application for an order under this paragraph may be made by a creditor or member of the company; but such an application may be made instead by the administrator or (as the case may be) the liquidator." '. |
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