3

The reference to a resolution for voluntary winding up in paragraph (2) includes a reference to a resolution which is deemed to occur by virtue of—

a

paragraph 84(5)(b) of Schedule B1, or

b

an order made following conversion of administration or a voluntary arrangement into winding up by virtue of Article 37 of the EC Regulation.

c

in either case, at a time between the making of an administration application in respect of the company and the making of an administration order on that application, and

d

in either case, at a time between the filing with the Court of a copy of notice of intention to appoint an administrator under paragraph 15 or 23 of Schedule B1 and the making of an appointment under that paragraph.

a

in a case where Article 202 or 203 applies by reason of an administrator of a company being appointed by administration order, the date on which the administration application is made,

b

in a case where Article 202 or 203 applies by reason of an administrator of a company being appointed under paragraph 15 or 23 of Schedule B1 following filing with the High Court of a copy of a notice of intention to appoint under that paragraph, the date on which the copy of the notice is filed,

c

in a case where Article 202 or 203 applies by reason of an administrator of a company being appointed otherwise than as mentioned in sub-paragraph (a) or (b), the date on which the appointment takes effect,

d

in a case where Article 202 or 203 applies by reason of a company going into liquidation either following conversion of administration into winding up by virtue of Article 37 of the EC Regulation or at the time when the appointment of an administrator ceases to have effect, the date on which the company entered administration (or, if relevant, the date on which the application for the administration order was made or a copy of the notice of intention to appoint was filed), and

e

in a case where Article 202 or 203 applies by reason of a company going into liquidation at any other time, the date of the commencement of the winding up.

3A

Where Article 202 or 203 applies by reason of a company's entering administration, a person has notice of the relevant proceedings if he has notice that—

a

an administration application has been made,

b

an administration order has been made,

c

a copy of a notice of intention to appoint an administrator under paragraph 15 or 23 of Schedule B1 has been filed, or

d

notice of the appointment of an administrator has been filed under paragraph 19 or 30 of that Schedule.

3B

Where Article 202 or 203 applies by reason of a company's going into liquidation at the time when the appointment of an administrator of the company ceases to have effect, a person has notice of the relevant proceedings if he has notice that—

a

an administration application has been made,

b

an administration order has been made,

c

a copy of a notice of intention to appoint an administrator under paragraph 15 or 23 of Schedule B1 has been filed,

d

notice of the appointment of an administrator has been filed under paragraph 19 or 30 of that Schedule, or

e

the company has gone into liquidation.

c

in either case, at a time between the making of an administration application in respect of the company and the making of an administration order on that application, or

d

in either case, at a time between the filing with the High Court of a copy of notice of intention to appoint an administrator under paragraph 15 or 23 of Schedule B1 and the making of an appointment under that paragraph.

a

in a case where this Article applies by reason of an administrator of a company being appointed by administration order, the date on which the administration application is made,

b

in a case where this Article applies by reason of an administrator of a company being appointed under paragraph 15 or 23 of Schedule B1 following filing with the High Court of a copy of notice of intention to appoint under that paragraph, the date on which the copy of the notice is filed,

c

in a case where this Article applies by reason of an administrator of a company being appointed otherwise than as mentioned in sub-paragraph (a) or (b), the date on which the appointment takes effect, and

d

in a case where this Article applies by reason of a company going into liquidation, the date of the commencement of the winding up.

a

if the company is in administration, the date on which it entered administration, and

b

if the company is not in administration, the date on which the voluntary arrangement takes effect.

3A

In relation to a company which is in administration (and to which no other provision of this Article applies) the relevant date is the date on which the company enters administration.

1

The Department may, by order subject to negative resolution, after consultation with the Financial Services Authority provide that specified provisions in Parts II to VII shall apply with specified modifications in relation to any person who—

a

has a liability in respect of a deposit which he accepted in accordance with the Banking Act 1979 or 1987, but

b

does not have permission under Part IV of the Financial Services and Markets Act 2000 (regulated activities) to accept deposits.

1A

Paragraph (1)(b) shall be construed in accordance with—

a

section 22 of the Financial Services and Markets Act 2000 (classes of regulated activity and categories of investment),

b

any relevant order under that section, and

c

Schedule 2 to that Act (regulated activities).

2

Rules made by virtue of this paragraph about the consequence of failure to comply with practice or procedure may, in particular, include provision about the termination of administration.

14A

Provision about the application of Article 150A which may include, in particular—

a

provision enabling a receiver to institute winding up proceedings;

b

provision requiring a receiver to institute winding up proceedings.

Administration

14B

Provision which—

a

applies in relation to administration, with or without modifications, a provision of Parts V to VII and any of Articles 5 to 8 in so far as that Article relates to that provision, or

b

serves a purpose in relation to administration similar to a purpose that may be served by the rules in relation to winding up by virtue of a provision of this Schedule.

Sch. B1, para. 19(7).	Making false statement in statutory declaration where administrator appointed by holder of floating charge.	1 On indictment 2 Summary	2 years, or a fine or both. 6 months, or the statutory maximum or both
Sch.B1, para. 21	Holder of floating charge failing to notify administrator or others of commencement of appointment.	1 On indictment 2 Summary	2 years, or a fine or both. 6 months, or the statutory maximum or both	One-tenth of the statutory maximum.
Sch. B1, para. 28(4).	Making false statement in statutory declaration where appointment of administrator proposed by company or directors.	1 On indictment 2 Summary	2 years, or a fine or both. 6 months, or the statutory maximum or both.
Sch. B1, para. 30(7).	Making false statement in statutory declaration where administrator appointed by company or directors.	1 On indictment 2 Summary	2 years, or a fine or both. 6 months, or the statutory maximum or both.
Sch. B1, para. 33.	Company or directors failing to notify administrator or others of commencement of appointment.	1 On indictment 2 Summary	2 years, or a fine or both. 6 months, or the statutory maximum or both.	One-tenth of the statutory maximum.
Sch. B1, para. 46(2).	Administrator, company or officer failing to state in business document that administrator appointed.	Summary	One-fifth of the statutory maximum.
Sch. B1, para. 47(9).	Administrator failing to give notice of his appointment.	Summary	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 49(4).	Failing to comply with provisions about statement of affairs where administrator appointed.	1 On indictment 2 Summary	A fine. The statutory maximum.	One-tenth of the statutory maximum.
Sch. B1, para. 50(7).	Administrator failing to send out statement of his proposals.	Summary.	One-fifth of the statutory maximum.	One fiftieth of the statutory maximum.
Sch. B1, para. 52(5).	Administrator failing to arrange initial creditors' meeting.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 54(3).	Administrator failing to report decision taken at initial creditors' meeting.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 55(7).	Administrator failing to report decision taken at creditors' meeting summoned to consider revised proposal.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 57(2).	Administrator failing to summon creditors' meeting.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 72(6).	Administrator failing to file Court order enabling disposal of charged property.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 73(5).	Administrator failing to file Court order enabling disposal of hire- purchase property.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 78(3).	Administrator failing to notify registrar of automatic end of administration.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 79(6).	Administrator failing to give notice of extension by consent of term of office.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 81(6).	Administrator failing to give notice of termination of administration where objective achieved.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 85(9).	Administrator failing to comply with provisions where company moves to dissolution.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 87(3).	Administrator failing to notify registrar where court terminates administration.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Sch. B1, para. 90(3).	Administrator failing to give notice on ceasing to be qualified.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.

1

The following provisions of Schedule B1 to the Insolvency Order (administration) do not apply in relation to a market charge—

a

paragraph 44(2) and (3) (restriction on enforcement of security or repossession of goods) (including that provision as applied by paragraph 45 (interim moratorium)), and

b

paragraphs 71, 72 and 73 (power of administrator to deal with charged or hire-purchase property).

1A

Paragraph 42(2) of that Schedule (receiver to vacate office at request of administrator) does not apply to a receiver appointed under a market charge.

2A

This paragraph applies to—

a

making an administration application under paragraph 13 of Schedule B1 to the Insolvency Order,

b

appointing an administrator under paragraph 15 or 23 of that Schedule (appointment by floating charge holder, company or directors),

c

filing with the Court a copy of notice of intention to appoint an administrator under either of those paragraphs.

b

in respect of which an administrator may be appointed under Schedule B1 to the 1989 Order,

b

paragraph 75(1)(a) and (b) of Schedule B1 to the 1989 Order shall have effect as if for the words “harm the interests of the applicant (whether alone or in common with some or all other members or creditors)” there were substituted the words “ harm the interests of some or all members or creditors ”.