The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Saving for provisions relating to nature of liability of member or contributory

11.—(1) The new provisions as to the nature of a member’s or contributory’s liability apply to liabilities arising on or after 1st October 2009 and the old provisions continue to apply to liabilities arising before that date.

(2) The new provisions are section 33(2) of the Companies Act 2006 and (in England and Wales) section 80 of the Insolvency Act 1986 as amended by this Order.

(3) The old provisions are—

(a) in England and Wales, section 14(2) of the Companies Act 1985 and section 80 of the Insolvency Act 1986 as it has effect before that amendment;

(b) in Northern Ireland, Articles 4(d)(ii) and 15(c) of the Limitation (Northern Ireland) Order 1989(1).

(4) For the purposes of this article a liability is treated as arising when the limitation period starts to run for the purposes of the Limitation Act 1980(2) or the Limitation (Northern Ireland) Order 1989.

(1)

S.I. 1989/1339 (N.I. 11).

(2)

1980 c.58.