The Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2009

References to things in writing

4.—(1) After section 436A (proceedings under EC Regulation: modified definition of property)(1) insert—

“References to things in writing

436B.— (1)  A reference in this Act to a thing in writing includes that thing in electronic form.

(2)  Subsection (1) does not apply to the following provisions—

(a) section 53 (mode of appointment by holder of charge),

(b) section 67(2) (report by receiver),

(c) section 70(4) (reference to instrument creating a charge),

(d) section 111(2) (dissent from arrangement under s. 110),

(e) in the case of a winding up of a company registered in Scotland, section 111(4),

(f) section 123(1) (definition of inability to pay debts),

(g) section 198(3) (duties of sheriff principal as regards examination),

(h) section 222(1) (inability to pay debts: unpaid creditor for £750 or more), and

(i) section 223 (inability to pay debts: debt remaining unsatisfied after action brought).”.

(2) Paragraph 111(2) of Schedule B1(2) is repealed.

(1)

Section 436A was inserted by the Insolvency Act 1986 (Amendment)(No 2) Regulations 2002 (S.I. 2002/1240).

(2)

Schedule B1 was inserted by the Enterprise Act 2002 (c. 40), section 248 and Schedule 16.