Ms Secretary Hewitt
379
*Page 158, line 25 [Clause 221], at end insert—
| '(c) | section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c.36 (N.I.)) (corresponding provision in Northern Ireland).' |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
320
Page 158, line 36 [Clause 222], leave out from the beginning to 'Act' and insert 'Before the coming into force of this part of the'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
75
Page 167, line 6, leave out Clause 242.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
79
Page 243, line 13 [Schedule 16], after 'company', insert 'and the whole or part of its business'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
80
Page 243, line 14 [Schedule 16], after 'not', insert 'in his opinion'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
81
Page 243, line 18 [Schedule 16], after 'not', insert 'in his opinion'.
Ms Secretary Hewitt
99
Page 243, line 34 [Schedule 16], after '96', insert 'and 99 to 101A'.
Ms Secretary Hewitt
100
Page 243, line 34 [Schedule 16], leave out 'the replacement of' and insert 'replacement and additional'.
Ms Secretary Hewitt
101
Page 243, line 41 [Schedule 16], at end insert—
| '7A | (1) | A person may not be appointed as administrator of a company which— |
(a) has a liability in respect of a deposit which it accepted in accordance with the Banking Act 1979 (c.37) or 1987 (c.22), but
(b) is not an authorised deposit taker.
| (2) | A person may not be appointed as administrator of a company which effects or carries out contracts of insurance. |
| (3) | But sub-paragraph (2) does not apply to a company which— |
(a) is exempt from the general prohibition in relation to effecting or carrying out contracts of insurance, or
(b) is an authorised deposit taker effecting or carrying out contracts of insurance in the course of a banking business.
"authorised deposit taker" means a person with permission under Part IV of the Financial Services and Markets Act 2000 (c.8) to accept deposits, and"the general prohibition" has the meaning given by section 19 of that Act.
| (5) | This paragraph 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).'.
Ms Secretary Hewitt
324
Page 245, line 36 [Schedule 16], after 'unless', insert—
Ms Secretary Hewitt
325
Page 245, line 38 [Schedule 16], at end insert ', or
(b) the holder of any prior floating charge which satisfies paragraph 12(2) has consented in writing to the making of the appointment.'.
Ms Secretary Hewitt
326
Page 253, line 31 [Schedule 16], at end insert—
| '(1A) | This paragraph also applies from the time when a copy of notice of intention to appoint an administrator under paragraph 12 is filed with the court until— |
(a) the appointment of the administrator takes effect, or
(b) the period of five business days beginning with the date of filing expires without an administrator having been appointed.
| (1B) | Sub-paragraph (1A) has effect in relation to a notice of intention to appoint only if it is in the prescribed form.'. |
Ms Secretary Hewitt
102
Page 254, line 20 [Schedule 16], at end insert 'and'.
Ms Secretary Hewitt
103
Page 254, line 21 [Schedule 16], leave out from 'letter,' to end of line 23.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
82
Page 256, line 22 [Schedule 16], leave out '28 days' and insert 'three months'.
Ms Secretary Hewitt
104
Page 261, line 1 [Schedule 16], leave out sub-paragraph (2) and insert—
| '(2) | If the court gives directions to the administrator of a company in connection with any aspect of his management of the company's affairs, business or property, the administrator shall comply with the directions.'. |
Ms Secretary Hewitt
327
Page 261, line 34 [Schedule 16], leave out 'charge' and insert 'security'.
Ms Secretary Hewitt
105
Page 263, line 26 [Schedule 16], leave out 'section 4' and insert 'Part I'.
Ms Secretary Hewitt
106
Page 264, line 36 [Schedule 16], leave out paragraph (b) and insert—
'(b) if the company has unsecured debts, creditors whose debts amount to more than 50% of the company's unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.'.
Ms Secretary Hewitt
107
Page 264, line 42 [Schedule 16], after first 'of', insert—
Ms Secretary Hewitt
108
Page 264, line 43 [Schedule 16], leave out 'and of' and insert ', and
Ms Secretary Hewitt
109
Page 264, line 43 [Schedule 16], leave out 'at least' and insert 'more than'.
Ms Secretary Hewitt
110
Page 264, line 44 [Schedule 16], leave out 'total'.
Ms Secretary Hewitt
111
Page 264, line 44 [Schedule 16], at end insert ', disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.'.
Ms Secretary Hewitt
112
Page 267, line 6 [Schedule 16], leave out paragraph (a) and insert—
'(a) that the total amount which each secured creditor of the company is likely to receive has been paid to him or set aside for him,'.
Ms Secretary Hewitt
113
Page 267, line 9 [Schedule 16], leave out 'has been or'.
Ms Secretary Hewitt
114
Page 267, line 28 [Schedule 16], leave out '98' and insert '84'.
Ms Secretary Hewitt
115
Page 269, line 35 [Schedule 16], after 'where', insert—
Ms Secretary Hewitt
116
Page 269, line 35 [Schedule 16], at end insert—
'(b) the court is satisfied that the creditors' committee or a remaining administrator is not taking reasonable steps to make a replacement, or
(c) the court is satisfied that for another reason it is right for the application to be made.'.
Ms Secretary Hewitt
117
Page 269, line 36 [Schedule 16], leave out 'by the holder of a qualifying floating charge he' and insert 'the holder of the floating charge by virtue of which the appointment was made'.
Ms Secretary Hewitt
118
Page 271, line 4 [Schedule 16], leave out paragraphs (a) and (b) and insert—
'(a) in the case of an administrator who dies, on the filing with the court of notice of his death,
(b) in the case of an administrator appointed under paragraph 12 or 20, at a time appointed by resolution of the creditors' committee or, if there is no committee, by resolution of the creditors, or
(c) in any case, at a time specified by the court.
| () | For the purpose of the application of sub-paragraph (2)(b) in a case where the administrator has made a statement under paragraph 50(1)(b), a resolution shall be taken as passed if (and only if) passed with the approval of— |
(a) each secured creditor of the company, or
(b) if the administrator has made a distribution to preferential creditors or thinks that a distribution may be made to preferential creditors—
| (i) | each secured creditor of the company, and |
| (ii) | preferential creditors whose debts amount to more than 50% of the preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold approval.'. |
|
