SCHEDULES

F1SCHEDULE 10Restriction on Winding-Up Petitions: Great Britain

Annotations:
Amendments (Textual)

Interpretation

4

1

In this Schedule “relevant period” means the period which—

a

begins with 1 October 2021, and

b

ends with 31 March 2022.

2

For the purposes of this Schedule, references to a petition presented by a creditor—

a

do not include a petition presented by one or more creditors together with one or more other persons, but

b

subject to that, do include a petition presented by more than one creditor, in which case the conditions specified in paragraph 1(2) to (7) must be met in relation to each creditor presenting the petition.

3

For the purposes of this Schedule—

  • “the 1986 Act” means the Insolvency Act 1986;

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2);

  • “excluded debt” means a debt in respect of rent, or any sum or other payment that a tenant is liable to pay, under—

    1. a

      in England and Wales, a relevant business tenancy; or

    2. b

      in Scotland, a lease as defined in section 7(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985,

    and which is unpaid by reason of a financial effect of coronavirus;

  • “Insolvency Rules” means the Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024);

  • “registered company” means a company registered under the Companies Act 2006 in England and Wales or Scotland;

  • “relevant business tenancy” means—

    1. a

      a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies, or

    2. b

      a tenancy to which that Part of that Act would apply if any relevant occupier were the tenant;

  • “relevant occupier” in relation to a tenancy, means a person, other than the tenant, who lawfully occupies premises which are, or form part of, the property comprised in the tenancy; and

  • “unregistered company” has the meaning given in Part 5 of the 1986 Act.