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Changes over time for: Section 197


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 08/07/2021
Status:
Point in time view as at 01/12/2020. This version of this provision has been superseded.

Status
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Changes to legislation:
Insolvency Act 1986, Section 197 is up to date with all changes known to be in force on or before 09 March 2025. 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
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197 Commission for receiving evidence.U.K.
(1)When a company is wound up in England and Wales or in Scotland, the court may refer the whole or any part of the examination of witnesses—
(a)to [the] county court in England and Wales, or
(b)to the sheriff principal for a specified sheriffdom in Scotland, or
(c)to the High Court in Northern Ireland or a specified Northern Ireland County Court,
(“specified” meaning specified in the order of the winding-up court).
(2)Any person exercising jurisdiction as a judge of the court to which the reference is made (or, in Scotland, the sheriff principal to whom it is made) shall then, by virtue of this section, be a commissioner for the purpose of taking the evidence of those witnesses.
(3)The judge or sheriff principal has in the matter referred the same power of summoning and examining witnesses, of requiring the production and delivery of documents, of punishing defaults by witnesses, and of allowing costs and expenses to witnesses, as the court which made the winding-up order.
These powers are in addition to any which the judge or sheriff principal might lawfully exercise apart from this section.
(4)The examination so taken shall be returned or reported to the court which made the order in such manner as that court requests.
(5)This section extends to Northern Ireland.
Textual Amendments
Modifications etc. (not altering text)
Yn ôl i’r brig