Chwilio Deddfwriaeth

Insolvency Act 1986

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 233

 Help about opening options

Version Superseded: 01/01/2003

Status:

Point in time view as at 31/05/2002. This version of this provision has been superseded. Help about Status

Changes to legislation:

Insolvency Act 1986, Section 233 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. Help about Changes to Legislation

233 Supplies of gas, water, electricity, etc.E+W+S

(1)This section applies in the case of a company where—

(a)an administration order is made in relation to the company, or

(b)an administrative receiver is appointed, or

(c)a voluntary arrangement under Part I, approved by meetings summoned under section 3, has taken effect, or

(d)the company goes into liquidation, or

(e)a provisional liquidator is appointed;

and “the office-holder” means the administrator, the administrative receiver, the supervisor of the voluntary arrangement, the liquidator or the provisional liquidator, as the case may be.

(2)If a request is made by or with the concurrence of the office-holder for the giving, after the effective date, of any of the supplies mentioned in the next subsection, the supplier—

(a)may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but

(b)shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the company before the effective date are paid.

(3)The supplies referred to in subsection (2) are—

[F1(a)a supply of gas by a gas supplier within the meaning of Part I of the Gas Act 1986;]

[F2(b)a supply of electricity by an electricity supplier within the meaning of Part I of the Electricity Act 1989;]

(c)a supply of water by [F3a water undertaker] or, in Scotland, a water authority,

(d)a supply of telecommunication services by a public telecommunications operator.

(4)The effective date” for the purposes of this section is whichever is applicable of the following dates—

(a)the date on which the administration order was made,

(b)the date on which the administative receiver was appointed (or, if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed),

(c)the date on which the voluntary arrangement was approved by the meetings summoned under section 3,

(d)the date on which the company went into liquidation,

(e)the date on which the provisional liquidator was appointed.

(5)The following applies to expressions used in subsection (3)—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“water authority"means the same as in the M1Water (Scotland) Act 1980, and

(d)telecommunication services” and “public telecommunications operator” mean the same as in the M2Telecommunications Act 1984, except that the former does not include [F6local delivery services within the meaning of Pt. II of the Broadcasting Act 1990.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 233(1)(4) modified (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(2), Sch. 3

C2S. 233 applied (1.12.1994) by S.I. 1994/2421, art. 4(3)(a)

S. 233 applied (with modifications) (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2

Marginal Citations

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?