4.—(1) A company is excluded from being eligible for a moratorium if, on the date of filing—
F3(a)an administration order is in force in relation to the company,
(b)the company is being wound up,
(c)there is an administrative receiver of the company,
(d)a voluntary arrangement has effect in relation to the company,
(e)there is a provisional liquidator of the company,
(f)a moratorium has been in force for the company at any time during the period of 12 months ending with the date of filing and—
(i)no voluntary arrangement had effect at the time at which the moratorium came to an end, or
(ii)a voluntary arrangement which had effect at any time in that period has come to an end prematurely,F4 or
(g)a voluntary arrangement in relation to the company which had effect in pursuance of a proposal under Article 14(3) has come to an end prematurely and, during the period of 12 months ending with the date of filing, an order under Article 18(3)(a) has been made.
(2) Sub-paragraph (1)(b) does not apply to a company which, by reason of a winding-up order made after the date of filing, is treated as being wound up on that date.
F3prosp. subst. by 2005 NI 10
F4prosp. insertion by 2005 NI 10