Third Parties (Rights against Insurers) Act 2010

6 Corporate bodies etc

(1) A body corporate or an unincorporated body is a relevant person if—

(a) a compromise or arrangement between the body and its creditors (or a class of them) is in force, having been sanctioned in accordance with section 899 of the Companies Act 2006, or

(b) the body has been dissolved under section 1000, 1001 or 1003 of that Act, and the body has not been—

(i) restored to the register by virtue of section 1025 of that Act, or

(ii) ordered to be restored to the register by virtue of section 1031 of that Act.

(2) A body corporate or an unincorporated body is a relevant person if, in England and Wales or Scotland—

(a) a voluntary arrangement approved in accordance with Part 1 of the Insolvency Act 1986 is in force in respect of it,

(b) an administration order made under Part 2 of that Act is in force in respect of it,

(c) there is a person appointed in accordance with Part 3 of that Act who is acting as receiver or manager of the body’s property (or there would be such a person so acting but for a temporary vacancy),

(d) the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 4 of that Act,

(e) there is a person appointed under section 135 of that Act who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or

(f) the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 4 of that Act or Part 5 of that Act.

(3) A body corporate or an unincorporated body is a relevant person if, in Scotland—

(a) an award of sequestration has been made under section 6 of the Bankruptcy (Scotland) Act 1985 in respect of the body’s estate, and the body has not been discharged under that Act,

(b) the body has been dissolved and an award of sequestration has been made under that section in respect of its estate,

(c) a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 1985 is in force in respect of the body’s estate, or

(d) a composition approved in accordance with Schedule 4 to that Act is in force in respect of the body.

(4) A body corporate or an unincorporated body is a relevant person if, in Northern Ireland—

(a) a voluntary arrangement approved in accordance with Part 2 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) is in force in respect of the body,

(b) an administration order made under Part 3 of that Order is in force in respect of the body,

(c) there is a person appointed in accordance with Part 4 of that Order who is acting as receiver or manager of the body’s property (or there would be such a person so acting but for a temporary vacancy),

(d) the body is, or is being, wound up voluntarily in accordance with Chapter 2 of Part 5 of that Order,

(e) there is a person appointed under Article 115 of that Order who is acting as provisional liquidator in respect of the body (or there would be such a person so acting but for a temporary vacancy), or

(f) the body is, or is being, wound up by the court following the making of a winding-up order under Chapter 6 of Part 5 of that Order or Part 6 of that Order.

(5) A body within subsection (1)(a) is not a relevant person in relation to a liability that is transferred to another body by the order sanctioning the compromise or arrangement.

(6) Where a body is a relevant person by virtue of subsection (1)(a), section 1 has effect to transfer rights only to a person on whom the compromise or arrangement is binding.

(7) Where an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced, any rights which were transferred under section 1 as a result of that award are re-transferred to and vest in the person who became a relevant person as a result of the award.

(8) Where an order discharging a body from an award of sequestration made under section 6 of the Bankruptcy (Scotland) Act 1985 is recalled or reduced under paragraph 17 or 18 of Schedule 4 to that Act, the order is to be treated for the purposes of this section as never having been made.

(9) In this section—

(a) a reference to a person appointed in accordance with Part 3 of the Insolvency Act 1986 includes a reference to a person appointed under section 101 of the Law of Property Act 1925;

(b) a reference to a receiver or manager of a body’s property includes a reference to a receiver or manager of part only of the property and to a receiver only of the income arising from the property or from part of it;

(c) for the purposes of subsection (3) “body corporate or unincorporated body” includes any entity, other than a trust, the estate of which may be sequestrated under section 6 of the Bankruptcy (Scotland) Act 1985;

(d) a reference to a person appointed in accordance with Part 4 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)) includes a reference to a person appointed under section 19 of the Conveyancing Act 1881.