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Insolvency Act 1986
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- UK Public General Acts
- 1986 c. 45
- SCHEDULE ZA1
- Paragraph 2
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Insolvency Act 1986, Paragraph 2 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 41HB(2) words substituted by 2018 c. 14 s. 1(3)(b)
Companies subject to, or recently subject to, moratorium or an insolvency procedureU.K.
[F12(1)A company is excluded from being eligible if—
(a)on the filing date, a moratorium for the company is in force, or
(b)at any time during the period of 12 months ending with the filing date, a moratorium for the company was in force (but see section A42(6) for power of the court to modify the effect of this paragraph).
(2)A company is excluded from being eligible if—
(a)on the filing date, the company is subject to an insolvency procedure, or
(b)at any time during the period of 12 months ending with the filing date, the company was subject to an insolvency procedure within sub-paragraph (3)(a) or (b).
(3)For the purposes of sub-paragraph (2), a company is subject to an insolvency procedure at any time if at that time—
(a)a voluntary arrangement has effect in relation to the company,
(b)the company is in administration,
(c)paragraph 44 of Schedule B1 applies in relation to the company (administration: interim moratorium),
(d)there is an administrative receiver of the company,
(e)there is a provisional liquidator of the company,
(f)the company is being wound up, or
(g)a relevant petition for the winding up of the company has been presented and has not been withdrawn or determined.
(4)In sub-paragraph (3)(g) “relevant petition” means a petition under—
(a)section 124A (winding up on grounds of public interest),
(b)section 124B (winding up of SE), or
(c)section 124C (winding up of SCE).]
Textual Amendments
F1Sch. ZA1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 1 (with ss. 2(2), 5(2), 12)
Modifications etc. (not altering text)
C1Sch. ZA1 para. 2 applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1) (with reg. 64)
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