Section 439(2)
| Enactment | Amendment |
|---|---|
| Deeds of Arrangement Act 1914 (c. 47): | |
| Section 3(1) | For “Part III of the Insolvency Act 1985" substitute “Parts VIII to XI of the Insolvency Act 1986". |
| Section 3(4) | The same amendment. |
| Section 11(1) and (2) | In each subsection, the same amendment. |
| Section 15(1) | For “section 207 of the Insolvency Act 1985" substitute “section 412 of the Insolvency Act 1986". |
| Section 16 | The same amendment as of section 3(1). |
| Section 23 | The same amendment. |
| Section 30(1) | For the definition of “property" substitute—“"property’ has the meaning given by section 436 of the Insolvency Act 1986". |
| Law of Property Act 1925 (c. 20): | |
| Section 52(2)(b) | For “section 91 or 161 of the Insolvency Act 1985" substitute “sections 178 to 180 or sections 315 to 319 of the Insolvency Act 1986". |
| Land Registration Act 1925 (c. 12) | |
| Section 42(2) | For “section 161 of the Insolvency Act 1985" substitute “sections 315 to 319 of the Insolvency Act 1986". |
| [F1Section 112AA(3)(a)] | [F1For “the Insolvency Act 1985 or the Companies Act 1985" substitute “the Insolvency Act 1986".] |
| Third Parties (Rights against Insurers) Act 1930 (c. 25): | |
| Section 1 | In subsection (1)(b), for the words from “a composition" to “that Chapter" substitute “a voluntary arrangement proposed for the purposes of Part I of the Insolvency Act 1986 being approved under that Part". In subsection (2), for “228 of the Insolvency Act 1985" substitute “421 of the Insolvency Act 1986". In subsection (3), the same amendment. |
| Section 2 | In subsection (1), the same amendment as of section 1(2). In subsection (1A), for the words from “composition or scheme" to the end of the subsection substitute “voluntary arrangement proposed for the purposes of, and approved under Part I or Part VIII of the Insolvency Act 1986". |
| Section 4 | In paragraph (b), the same amendment as of section 1(2). |
| . . . F2 | |
| . . . F2 | . . . F2 |
| F3. . . | |
| F3. . . | F3. . .. |
| Agricultural Marketing Act 1958 (c. 47): | |
| Schedule 2 | For paragraph 4 substitute—“4.—(1) A scheme shall provide for the winding up of the board, and for that purpose may apply Part V of the Insolvency Act 1986 (winding up of unregistered companies), subject to the following modifications. (2) For the purpose of sections 221, 222 and 224 of the Act of 1986, the principal place of business of the board is deemed to be the office of the board the address of which is registered by the Minister under paragraph 3 above. (3) Section 223 does not apply. (4) Section 224 applies as if the words “or any member of it as such" were omitted. (5) A petition for winding up the board may be presented by the Minister as well as by any person authorised under Part IV of the Insolvency Act 1986 to present a petition for winding up a company". |
| Charities Act 1960 (c. 58): | |
| Section 30(1) | For “Companies Act 1985" substitute “Insolvency Act 1986". |
| Licensing Act 1964 (c. 26): | |
| Section 8(1) | In paragraph (c), for the words from “composition or scheme" to “Act 1985" substitute “voluntary arrangement proposed by the holder of the licence has been approved under Part VIII of the Insolvency Act 1986"; and for “composition or scheme" substitute “voluntary arrangement". |
| Section 10(5) | For the words from “composition or scheme" to “Act 1985" substitute “voluntary arrangement proposed by the holder of a justices’ licence has been approved under Part VIII of the Insolvency Act 1986"; and for “composition or scheme" substitute “voluntary arrangement". |
| Industrial and Provident Societies Act 1965 (c. 12): | |
| Section 55 | For “Companies Act 1985" substitute “Insolvency Act 1986". |
| Medicines Act 1968 (c. 67): | |
| Section 72(4) | For the words from “composition or scheme" to the end of the subsection substitute “voluntary arrangement proposed for the purposes of, and approved under, Part VIII of the Insolvency Act 1986". |
| . . . F4 | |
| . . . F4 | . . . F4 |
| . . . F4 | . . . F4 |
| Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35): | |
| Schedule 3 | In Standard Condition 9(2)(b), for “228 of the Insolvency Act 1985" substitute “421 of the Insolvency Act 1986". |
| F5. . . | |
| F5. . . | F5. . . |
| Superannuation Act 1972 (c. 11): | |
| Section 5(2) | For “156 of the Insolvency Act 1985" substitute “310 of the Insolvency Act 1986"; and for “the said section 156" substitute “the said section 310". |
| . . . F6 | |
| . . . F6 | . . . F6 |
| . . . F7 | |
| . . . F7 | . . . F7 |
| Land Charges Act 1972 (c. 61): | |
| Section 16(2) | For “207 of the Insolvency Act 1985" substitute “412 of the Insolvency Act 1986"; and for “Part III" substitute “Parts VIII to XI". |
| Matrimonial Causes Act 1973 (c. 18): | |
| Section 39 | For “section 174 of the Insolvency Act 1985" substitute “section 339 or 340 of the Insolvency Act 1986". |
| Powers of Criminal Courts Act 1973 (c. 62): | |
| Section 39(3) | In paragraph (d), for “174(10) of the Insolvency Act 1985" substitute “341(4) of the Insolvency Act 1986". |
| Friendly Societies Act 1974 (c. 46): | |
| Section 87(2) | For “Companies Act 1985" substitute “Insolvency Act 1986". |
| F8. . . | |
| Recess Elections Act 1975 (c. 66): | |
| Section 1(2) | In the definition of “certificate of vacancy", for “214(6)(a) of the Insolvency Act 1985" substitute “427(6)(a) of the Insolvency Act 1986". |
| Policyholders Protection Act 1975 (c. 75): | |
| Section 5(1)(a) | For “Companies Act 1985" substitute “Insolvency Act 1986". |
| Section 15(1) | For “532 of the Companies Act 1985" substitute “Insolvency Act 1986". |
| Section 16(1)(b) | The same amendment as of section 5(1)(a). |
| Development Land Tax Act 1976 (c. 24): | |
| Section 33(1) | For “538 of the Companies Act 1985" substitute “145 of the Insolvency Act 1986". |
| Restrictive Trade Practices Act 1976 (c. 34): | |
| Schedule 1 | For paragraph 9A (inserted by Insolvency Act 1985, section 217(4)) substitute—“9A. Insolvency services within the meaning of section 428 of the Insolvency Act 1986". |
| F9. . . | |
| F9. . . | F9. . .. |
| F9. . .. | |
| F9. . . | F9. . .. |
| F9. . . | F9. . .. |
| F9. . .. | |
| F9. . . | F9. . .. |
| F10. . . | F10. . . |
| F9. . . | F9. . .. |
| F9. . .. | |
| F9. . . | F9. . .. |
| Credit Unions Act 1979 (c. 34): | |
| Section 6(1) | For “517(1)(e) of the Companies Act 1985" substitute “122(1)(e) of the Insolvency Act 1986"; and for “517(1)(e) of the Act of 1985" substitute “122(1)(e) of the Act of 1986". |
| Banking Act 1979 (c. 37): | |
| Section 6(3) | In paragraph (b), for “Part XXI of the Companies Act 1985" substitute “Part V of the Insolvency Act 1986". |
| Section 18 | In subsection (1), for “Companies Act 1985" substitute “Insolvency Act 1986"; and in paragraph (a) of the subsection for “518" substitute “123". |
| In subsection (2), for “Companies Act 1985" substitute “Insolvency Act 1986"; and for “Part XXI" substitute “Part V". | |
| In subsection (4)—in paragraph (a), for “Companies Act 1985" substitute “Insolvency Act 1986";in paragraph (b), for “518 of the said Act of 1985" substitute “123 of the said Act 1986"; andin paragraph (c), for “Part XXI of the said Act of 1985" substitute “Part V of the said Act 1986". | |
| Enactment | Amendment |
| Section 19 | In subsection (2), for paragraph (ba) substitute— “(ba) in connection with any proceedings under any provision of— (i)Part XVIII or XX of the Companies Act 1985, or (ii)Parts I to VII of the Insolvancy Act 1986 (other than sections 236 and 237)". |
In subsection (8), for paragraphs (a) and (aa) substitute— “(a) for the references in subsection (2) to Part XVIII or XX of the Companies Act 1985 and Parts I to VII of the Insolvency Act 1986, there shall be substituted references to Parts V, VI and IX of the Companies Act (Northern Ireland) 1960 (the reference to sections 236 and 237 of the Act of 1986 being disregarded)". | |
| Section 28 | |
| In subsection (3), in paragraph (c), for “83 of the Insolvency Act 1985" substitute “95 of the Insolvency Act 1986". | |
| In subsectuion (4), in paragraph (a), for “Part XXI of the Companies Act 1985" substitute “Part V of the Insolvency Act 1986". | |
In subsection (6)(b), for sub-paragraphs (ii) to (iv) substitute— “(ii)to be a member of a liquidation committee established under Part IV or V of the Insolvency Act 1986; (iii)to be a member of a creditors committee appointed under section 301 of that Act; and (iv)to be a commissioner under section 30 or the Bankruptcy (Scotland) Act 1985"; (v)to be a member of a committee of inspection appointed for the purposes of Part V or Part IX of the Companies Act (Northern Ireland) 1960; | |
| and (in the passage following sub-paragraph (iv)) for “such a commitee as is mentioned in paragraph (b)(ii) or (iv) above" substitute “a liquidation committee, creditors’ committee or committee of inspection". | |
| In subsection (7), in paragraph (b), for the words from “section 116(4)" to the end of the paragraph substitute “section 261(1) of the Insolvency Act 1986 to any person in whom the property of the firm is vested under section 282(4) of that Act". | |
| Section 31(7) | For paragraph (a) substitute - “(a) for England and Wales, under sections 411 and 412 of the Insolvency Act 1986"; |
| and in paragraph (b) for “the said section 106" substitute “section 411 of that Act". | |
| British Aerospace Act 1980 (c. 26): | |
| Section 9(1) | In paragraph (a), for “Companies Act 1985" substitute “Insolvency Act 1986". |
| Public Passenger Vehicles Act 1981 (c. 14): | |
| Section 19(3) | In paragraph (a), for “Chapter III of Part II of the Insolvency Act 1985" substitute “Part II of the Insolvency Act 1986". |
| . . . F11 | |
| . . . F11 | . . . F11 |
| Supreme Court Act 1981 (c. 54): | |
| Section 40A(2) | For “section 179 of the Insolvency Act 1985" substitute “section 346 of the Insolvency Act 1986"; and for “621 of the Companies Act 1985" substitute “183 of the Insolvency Act 1986". |
| Trustee Savings Banks Act 1981 (c. 65): | |
| Section 31 | In paragraph (b), for “666 to 669 of the Companies Act 1985" substitute “221 to 224 of the Insolvency Act 1986". |
| Section 54(2) | For “666(6) of the Companies Act 1985" substitute “221(6) of the Insolvency Act 1986". |
| Iron and Steel Act 1982 (c. 25): | |
| Schedule 4 | In paragraph 3(3) after “Companies Act 1985" insert “or the Insolvency Act 1986". |
| Civil Jurisdiction and Judgments Act 1982 (c. 27): | |
| Section 18(3) | In paragraph (ba), for “213 of the Insolvency Act 1985" substitute “426 of the Insolvency Act 1986". |
| Schedule 5 | In paragraph (1), for “Companies Act 1985" substitute “Insolvency Act 1986". |
| Insurance Companies Act 1982 (c. 50): | |
| Section 53 | For “Companies Act" (the first time) substitute “Insolvency Act 1986"; and for “Companies Act" (the second time) substitute “that Act of 1986". |
| Section 54 | In subsection (1), for “the Companies Act" (the first time) substitute “Part IV or V of the Insolvency Act 1986"; and in paragraph (a), for “518 or sections 667 to 669" substitute “123 or sections 222 to 224". In subsection (4) for “Companies Act" (the first time) substitute “Insolvency Act 1986". |
| Section 55 | In subsection (5) for “subsection (3) of section 540 of the Companies Act" substitute “section 168(2) of the Insolvency Act 1986". |
| In subsection (6), for “631 of the Companies Act" substitute “212 of the Insolvency Act 1986". | |
| Section 56 | In subsection (4), for “Section 90(5) of the Insolvency Act 1985" substitute “Section 177(5) of the Insolvency Act 1986"; and for “section 90 of the said Act of 1985" substitute “section 177 of the said Act of 1986". |
| In subsection (7), for “section 539(1) of the Companies Act" substitute “section 167 of, and Schedule 4 to, the Insolvency Act 1986". | |
| Section 59 | In subsection (1), for “106 of the Insolvency Act 1985" substitute “411 of the Insolvency Act 1986". |
| In subsection (2), for “106 of the Insolvency Act 1985" substitute “411 of the Insolvency Act 1986"; and for “section 89 of, and Schedule 4 to, the Insolvency Act 1985" substitute “sections 175 and 176 of, and Schedule 6 to, the Insolvency Act 1986". | |
| Section 96(1) | In the definition of “insolvent", for “517 and 518 or section 666 of the Companies Act" substitute “122 and 123 or section 221 of the Insolvency Act 1986". |
| . . . F11 | |
| . . . F11 | . . . F11 |
| Telecommunications Act 1984 (c. 12): | |
| Section 68(1) | In paragraph (a), for “Companies Act 1985" substitute “Insolvency Act 1986". |
| County Courts Act 1984 (c. 28): | |
| Section 98 | For subsection (3) substitute— “(3) The provisions of this section have effect subject to those of sections 183, 184 and 346 of the Insolvency Act 1986". |
| Section 102 | For subsection (8) substitute— “(8) Nothing in this section affects section 346 of the Insolvency Act 1986". |
| Section 109(2) | For “179 of the Insolvency Act 1985" substitute “346 of the Insolvency Act 1986" |
| Finance Act 1985 (c. 54): | |
| Section 79 | Omit the word “altogether"; and afer “Companies Act 1985" insert “sections 110 and 111 of the Insolvency Act 1986". |
| Housing Act 1985 (c. 68): | |
| Schedule 18 | In paragraphs 3(4) and 5(3), for “228 of the Insolvency Act 1985" substitute “421 of the Insolvency Act 1986". |
Textual Amendments
F1Sch. 14 the entry relating to section 112AA(3)(a) of the Land Registration Act 1925 repealed (E.W.) by Land Registration Act 1988 (c. 3, SIF 98:2), s. 2, Sch.
F2Sch. 14 the entry relating to the Exchange Control Act 1947 repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72, Sch. 16 Pt. XI
F3Sch. 14: the entries relating to the Arbitration Act 1950 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, arts. 3, 4, Sch. 2
F4Sch. 14 the entries relating to the Income and Corporation Taxes Act 1970 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
F5Sch. 14: the entry relating to the Tribunals and Inquiries Act 1971 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I
F6Sch. 14 the entry relating to the Road Traffic Act 1972 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2
F7Sch. 14 the entry relating to the Finance Act 1972 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63: 1), s. 844, Sch. 31
F8Sch. 14: the entries relating to the Social Security Pensions Act 1975 repealed (7.2.1994) by 1993 c. 48, ss. 188, 193(2), Sch. 5 Pt. I; S.I. 1994/86, art. 2
F9Sch. 14: the entries relating to the Employment Protection (Consolidation) Act 1998 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F10Sch. 14 the entry relating to s.125(2) of the Employment Protection (Consolidation) Act 1978 repealed by Employment Act 1989 (c.38, SIF 43: 1), s. 29(4) Sch.7 Pt.II
F11Sch. 14 the entries relating to the Finance Act 1981 and the Finance Act 1983 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63: 1), s. 844, Sch. 31