Enterprise Act 2002

255 Application of law about company arrangement or administration to non-company E+W+S

(1) The Treasury may with the concurrence of the Secretary of State by order provide for a company arrangement or administration provision to apply (with or without modification) in relation to—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a society registered under section 7(1)(b), (c), (d), (e) or (f) of the Friendly Societies Act 1974 (c. 46),

(c) a friendly society within the meaning of the Friendly Societies Act 1992 (c. 40), or

(d) an unregistered friendly society.

(2) In subsection (1) “company arrangement or administration provision” means—

(a) a provision of Part I of the Insolvency Act 1986 (company voluntary arrangements),

(b) a provision of Part II of that Act (administration), F2 ...

(c) [F3 Part 26 of the Companies Act 2006] (c. 6) (compromise or arrangement with creditors)[F4 , and

(d) Part 26A of that Act (compromise or arrangement with creditors where company in financial difficulty).]

(3) An order under this section may not provide for a company arrangement or administration provision to apply in relation to a society which is [F5 —

(a) a private registered provider of social housing, or

(b)] registered as a social landlord under Part I of the Housing Act 1996 (c. 52) or under [F6 Part 2 of the Housing (Scotland) Act 2010 (asp 17)] .

(4) An order under this section—

(a) may make provision generally or for a specified purpose only,

(b) may make different provision for different purposes, and

(c) may make transitional, consequential or incidental provision.

(5) Provision by virtue of subsection (4)(c) may, in particular—

(a) apply an enactment (with or without modification);

(b) amend an enactment.

(6) An order under this section—

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 255(1)(a) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)

F2 Word in s. 255(2) omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 22 (with ss. 2(2), 5(2))

F3 Words in s. 255(2)(c) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 225 (with arts. 6, 11, 12)

F4 S. 255(2)(d) and preceding word inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 22 (with ss. 2(2), 5(2))

F5 Words in s. 255(3) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 119 (with art. 6, Sch. 3)

F6 Words in s. 255(3)(b) substituted (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 1(3), Sch. para. 6