The Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002

Amendments to section 387

16.  In section 387(3) (Relevant date in relation to preferential debts)—

(a) after paragraph (a) insert—

“(aa) if the winding up is by the court and the winding-up order was made following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;

(ab) if the company is deemed to have passed a resolution for voluntary winding up by virtue of an order following conversion of administration into winding up under Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;”,

(b) in paragraph (b) after “paragraph (a)” insert “, (aa) or (ab)”, and

(c) in paragraph (c) for “either paragraph (a) or (b)” substitute—

• “paragraph (a), (aa), (ab) or (b)”.