S.C.B.
Amendment Paper as at
Thursday 9th May 2002
STANDING COMMITTEE B
New Amendments handed in are marked thus *
ENTERPRISE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (16th April).
Miss Melanie Johnson
485
Schedule 16, page 239, line 18, after first 'office', insert '(by reason of resignation, death or otherwise)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
403
Schedule 16, page 239, line 25, after 'company', insert 'and the whole or part of its business'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
460
Schedule 16, page 239, line 25, after 'company', insert 'or the whole or any part of its undertaking'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
529
Schedule 16, page 239, line 26, leave out from 'where' to 'company' and insert 'in his opinion it is not reasonably practicable to achieve either of the results mentioned in paragraphs (a) and (aa)'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
575
Schedule 16, page 239, line 26, after 'where', insert 'in the opinion of the administrator'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
404
Schedule 16, page 239, line 26, after 'not', insert 'in his opinion'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
461
Schedule 16, page 239, line 26, after 'company', insert 'or the whole or any part of its undertaking'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
576
Schedule 16, page 239, line 30, after 'where', insert 'in the opinion of the administrator'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
405
Schedule 16, page 239, line 30, after 'not', insert 'in his opinion'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
462
Schedule 16, page 239, line 30, after 'company', insert 'or the whole or any part of its undertaking'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
530
Schedule 16, page 239, line 30, leave out from 'where' to '(b)' and insert 'in his opinion it is not reasonably practicable to achieve any of the results mentioned in paragraphs (a), (aa) and (b)'.
Miss Melanie Johnson
486
Schedule 16, page 239, line 34, leave out 'exercise' and insert 'perform'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
406
Schedule 16, page 240, line 20, after 'debts', insert '(within the meaning given to that expression by section 123 of this Act)'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
577
Schedule 16, page 240, line 20, after 'debts', insert 'as they fall due (within the meaning given to that expression by section 123 of this Act)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
407
Schedule 16, page 240, line 32, at end insert—
'(9A) An administration application shall give the name of the person the applicant proposes to be appointed administrator and shall be accompanied by a statement by that person—
| (a) | that he consents to act if appointed; |
| (b) | that in his opinion the purpose of administration is reasonably likely to be achieved; and |
| (c) | giving such other information and opinions as may be prescribed; |
and for the purposes of a statement under this sub-paragraph, that person may rely on information supplied by the directors of the company (unless he has reason to doubt its accuracy).'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
408
Schedule 16, page 241, leave out lines 11 and 12.
Miss Melanie Johnson
582
Schedule 16, page 241, line 31, leave out 'or'.
Miss Melanie Johnson
487
Schedule 16, page 241, line 32, leave out 'appoint an administrative receiver of the company' and insert 'make an appointment which would be the appointment of an administrative receiver within the meaning given by section 29(2)'.
Miss Melanie Johnson
583
Schedule 16, page 241, line 33, after sub-sub-paragraph (c) insert 'or
| (d) | purports to empower the holder of a floating charge in Scotland to appoint a receiver who on appointment would be an administrative receiver.'. |
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
578
Schedule 16, page 242, line 2, at beginning insert—
'Unless the consent of the holder of any prior floating charge has been given,'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
531
Schedule 16, page 242, line 3, leave out 'two' and insert 'five'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
409
Schedule 16, page 242, line 4, at end insert 'or the holder of such a charge has consented to the appointment in writing'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
410
Schedule 16, page 242, line 18, after 'appointed', insert 'on a winding-up petition presented by a creditor'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
579
Schedule 16, page 242, line 23, after 'file', insert 'on the next day the court office is open'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
513
Schedule 16, page 242, line 23, leave out 'with the court—' and insert 'on the next day the court office is open—'.
Miss Melanie Johnson
488
Schedule 16, page 242, line 24, leave out 'in the prescribed form'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
532
Schedule 16, page 243, leave out lines 6 and 7.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
'18A The appointment of an administrator under paragraph 12 takes effect when he is notified that the requirements of paragraph 16 are satisfied.'.
'30A The appointment of an administrator under paragraph 20 takes effect when he is notified that the requirements of paragraph 27 are satisfied.'.
