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Railways Act 1993
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Railways Act 1993, Section 61 is up to date with all changes known to be in force on or before 08 November 2024. 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.
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- s. 13B(7) inserted by 2024 c. 13 Sch. 30 para. 18(5)
- s. 15C(5) inserted by 2024 c. 13 Sch. 30 para. 19(5)
- s. 16(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 6(4)(b) (as substituted) by S.I. 2019/1245 reg. 23 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 67(11) inserted by 2024 c. 13 Sch. 29 para. 10
- s. 145(3)(w) inserted by 2024 c. 13 Sch. 30 para. 20(b)
- s. 145(3)(qu) omitted by 2024 c. 13 Sch. 30 para. 20(a)
- Sch. 4A para. 10A(7) inserted by 2024 c. 13 Sch. 30 para. 22(5)
- Sch. 4A para. 15(5) inserted by 2024 c. 13 Sch. 30 para. 23(5)
61 Restriction on making winding-up order in respect of protected railway company.E+W+S
(1)Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—
(a)notice of the petition has been served on—
(i)the [F1appropriate national authority] ; and
(ii)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a period of at least fourteen days has elapsed since the service of that notice.
(2)Where a petition for the winding up of a protected railway company has been presented—
(a)the [F1appropriate national authority] , F3. . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.
(3)Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M1Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4)In this section “the court” has the same meaning as in section 59 above.
Textual Amendments
F1Words in s. 61(1)(a)(i)(2)(a) substituted (16.10.2005) by Railways Act 2005 (c. 14), s. 49(4)(a); S.I. 2005/2812, art. 2(1), Sch. 1
F2S. 61(1)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3S. 61(2)(b) and preceding word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 61 restricted (18.12.1996) by 1996 c. 61, s. 19(7)
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