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| Restriction on making winding-up order. |
196. - (1) Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless-
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(a) notice of the petition has been served on the Mayor; and |
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(b) a period of at least fourteen days has elapsed since the service of that notice. |
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(2) Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 195(1) above, make a PPP administration order instead of a winding-up order.
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(3) Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
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(4) In this section "the court" has the same meaning as in section 194 above.
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| Restrictions on voluntary winding-up etc. |
197. - (1) No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.
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(2) No such leave shall be granted unless-
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(a) notice of the application has been served on the Mayor; and |
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(b) a period of at least fourteen days has elapsed since the service of that notice. |
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(3) Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 195(1) above, make a PPP administration order instead of granting leave under subsection (1) above.
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(4) Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.
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(5) No administration order under Part II of the Insolvency Act 1986 shall be made in relation to a PPP company unless-
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(a) notice of the application for the order has been served on the Mayor; and |
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(b) a period of at least fourteen days has elapsed since the service of that notice. |
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(6) Where an application for an administration order under Part II of the Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 195(1) above, make a PPP administration order instead of an administration order under Part II of the Insolvency Act 1986.
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(7) No step shall be taken by any person to enforce any security over a PPP company's property, except where that person has served fourteen days' notice of his intention to take that step on the Mayor.
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(8) In this section-
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"the court" has the same meaning as in section 194 above; |
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"resolution for voluntary winding up" has the same meaning as in the Insolvency Act 1986; |
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"security" and "property" have the same meaning as in the Insolvency Act 1986. |
| Meaning of "company" and application of provisions to unregistered, foreign and other companies. |
198. - (1) In the PPP administration order provisions of this Act-
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(a) any company formed and registered under the Companies Act 1985 or any existing company within the meaning given in section 735(1) of that Act; and
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(b) any unregistered company; and
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"unregistered company" has the meaning given in Part V of the 1986 Act. |
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(2) In the application of section 194(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.
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(3) In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 195 above or subsection (3) of section 196 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting-
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(a) the exercise within Great Britain of the powers of the directors or of the company; or |
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(b) any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain. |
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(4) In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 195 above where the company mentioned in that subsection is a foreign company-
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(a) paragraph (a) of subsection (1) shall be omitted; |
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(b) any reference in paragraph (b) or (c) of that subsection to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain; |
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(c) in paragraph (c) of that subsection- |
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(i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and
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(ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales; and
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(d) any reference in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act. |
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(5) Subsections (1) to (4) of section 197 above shall not have effect in relation to a PPP company which is a foreign company.
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(6) In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company's property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.
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(7) In this section-
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"the 1986 Act" means the Insolvency Act 1986; |
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"foreign company" means a company incorporated outside Great Britain; |
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"the PPP administration order provisions of this Act" means sections 194 to 197 above, this section and Schedules 10 and 11 to this Act. |
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The PPP arbiter |
| The PPP arbiter. |
199. - (1) The Secretary of State may appoint a person to an office to be known as "the Public-Private Partnership Agreement Arbiter" (in this Chapter referred to as the "PPP arbiter").
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(2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
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(3) The PPP arbiter shall be a corporation sole by the name of "the Public-Private Partnership Agreement Arbiter".
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(4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
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(5) A request under subsection (4) above must not include a request for a particular person to be appointed.
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(6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning-
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(a) the person to be appointed; and |
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(b) the terms of the appointment. |
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(7) The office of PPP arbiter may not be held by-
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(c) the Authority or a member of staff of the Authority; |
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(d) Transport for London or a subsidiary of Transport for London; or |
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(e) a member of Transport for London or a director of a subsidiary of Transport for London. |
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(8) The offices of Rail Regulator and PPP arbiter may be held by the same person.
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| Terms of appointment. |
200. - (1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.
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(2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
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(3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
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(4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
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(5) The Secretary of State may remove a person from office as the PPP arbiter-
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(a) on the ground of incapacity or misbehaviour; or |
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(b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter. |
