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Enterprise Act 2002

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Enterprise Act 2002, Section 255 is up to date with all changes known to be in force on or before 16 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. Help about Changes to Legislation

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

This section has no associated Explanatory Notes

(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)[F3Part 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 [F6Part 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.

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