relates to more than one person, or

has the effect that the office is to be held by more than one person.

the company enters administration,

an administrative receiver is appointed, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a voluntary arrangement F6approved under Part I, has taken effect, or

the company goes into liquidation, or

a provisional liquidator is appointed;

may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but

shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the company before the effective date are paid.

a supply of gas by a gas supplier within the meaning of Part I of the Gas Act 1986;

a supply of gas by a person within paragraph 1 of Schedule 2A to the Gas Act 1986 (supply by landlords etc.);

a supply of electricity by an electricity supplier within the meaning of Part I of the Electricity Act 1989;

a supply of electricity by a class of person within Class A (small suppliers) or Class B (resale) of Schedule 4 to the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001 (S.I. 2001/3270);

a supply of water by F12a water undertaker or, in Scotland, F13Scottish Water,

a supply of water by a water supply licensee within the meaning of the Water Industry Act 1991;

a supply of water by a water services provider within the meaning of the Water Services etc. (Scotland) Act 2005;

a supply of water by a person who has an interest in the premises to which the supply is given;

a supply of communications services by a provider of a public electronic communications service.

a supply of communications services by a person who carries on a business which includes giving such supplies;

a supply of goods or services mentioned in subsection (3A) by a person who carries on a business which includes giving such supplies, where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

point of sale terminals;

computer hardware and software;

information, advice and technical assistance in connection with the use of information technology;

data storage and processing;

website hosting.

the date on which the company entered administration

the date on which the administative receiver was appointed (or, if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the date on which the voluntary arrangement F20took effect,

the date on which the company went into liquidation,

the date on which the provisional liquidator was appointed.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).

the company enters administration, or

a voluntary arrangement approved under Part 1 takes effect in relation to the company.

it provides for the contract or the supply to terminate, or any other thing to take place, because the company becomes subject to an insolvency procedure other than administration or a voluntary arrangement;

it entitles a supplier to terminate the contract or the supply, or do any other thing, because the company becomes subject to an insolvency procedure other than administration or a voluntary arrangement; or

it entitles a supplier to terminate the contract or the supply because of an event that occurs, or may occur, after the company enters administration or the voluntary arrangement takes effect.

terminate the contract, if the condition in subsection (4) is met;

terminate the supply, if the condition in subsection (5) is met.

the insolvency office-holder consents to the termination of the contract,

the court grants permission for the termination of the contract, or

any charges in respect of the supply that are incurred after the company entered administration or the voluntary arrangement took effect are not paid within the period of 28 days beginning with the day on which payment is due.

the supplier gives written notice to the insolvency office-holder that the supply will be terminated unless the office-holder personally guarantees the payment of any charges in respect of the continuation of the supply after the company entered administration or the voluntary arrangement took effect, and

the insolvency office-holder does not give that guarantee within the period of 14 days beginning with the day the notice is received.

an insolvency-related term of a contract (the “original term”) ceases to have effect by virtue of subsection (1), and

the company subsequently enters administration, or a voluntary arrangement subsequently has effect in relation to it,

the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,

the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or

the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.

in a case where a company enters administration, the administrator;

in a case where a voluntary arrangement under Part 1 takes effect in relation to a company, the supervisor of the voluntary arrangement.

a moratorium under Part A1 comes into force for the company,

the company enters administration,

an administrative receiver of the company is appointed (otherwise than in succession to another administrative receiver),

a voluntary arrangement approved under Part 1 takes effect in relation to the company,

the company goes into liquidation,

a provisional liquidator of the company is appointed (otherwise than in succession to another provisional liquidator), or

a court order is made under section 901C(1) of the Companies Act 2006 in relation to the company (order summoning meeting relating to compromise or arrangement).

the contract or the supply would terminate, or any other thing would take place, because the company becomes subject to the relevant insolvency procedure, or

the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company becomes subject to the relevant insolvency procedure.

under a provision of a contract for the supply of goods or services to the company the supplier is entitled to terminate the contract or the supply because of an event occurring before the start of the insolvency period, and

the entitlement arises before the start of that period,

in a case where the company has become subject to a relevant insolvency procedure as specified in subsection (2)(b), (c), (e) or (f), the office-holder consents to the termination of the contract,

in any other case, the company consents to the termination of the contract, or

the court is satisfied that the continuation of the contract would cause the supplier hardship and grants permission for the termination of the contract.

in the case of a moratorium under Part A1, when the moratorium comes to an end,

in the case of the appointment of an administrative receiver of the company, when the receiver or any successor to the receiver ceases to hold office without a successor being appointed,

in the case of a voluntary arrangement approved under Part 1 taking effect in relation to the company, when the arrangement ceases to have effect,

in the case of the appointment of a provisional liquidator for the company, when the provisional liquidator or any successor to the provisional liquidator ceases to hold office without a successor being appointed, and

remove or amend any exclusion from section 233B for the time being specified there, or

add further exclusions from section 233B.

different provision for different purposes;

consequential provision;

transitional and supplementary provision.

the company enters administration,

an administrative receiver is appointed, or

the company goes into liquidation, or

a provisional liquidator is appointed;

seizes or disposes of any property which is not property of the company, and

at the time of seizure or disposal believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,

is not liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as that loss or damage is caused by the office-holder’s own negligence, and

has a lien on the property, or the proceeds of its sale, for such expenses as were incurred in connection with the seizure or disposal.

give to the office-holder such information concerning the company and its promotion, formation, business, dealings, affairs or property as the office-holder may at any time after the effective date reasonably require, and

attend on the office-holder at such times as the latter may reasonably require.

those who are or have at any time been officers of the company,

those who have taken part in the formation of the company at any time within one year before the effective date,

those who are in the employment of the company, or have been in its employment (including employment under a contract for services) within that year, and are in the office-holder’s opinion capable of giving information which he requires,

those who are, or have within that year been, officers of, or in the employment (including employment under a contract for services) of, another company which is, or within that year was, an officer of the company in question, and

in the case of a company being wound up by the court, any person who has acted as administrator, administrative receiver or liquidator of the company.

the date on which the company entered administration,

the date on which the administrative receiver was appointed or, if he was appointed in succession to another administrative receiver, the date on which the first of his predecessors was appointed,

the date on which the provisional liquidator was appointed, and

the date on which the company went into liquidation.

any officer of the company,

any person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or

any person whom the court thinks capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the company.

a witness statement verified by a statement of truth (in England and Wales), and

an affidavit (in Scotland).

a person without reasonable excuse fails to appear before the court when he is summoned to do so under this section, or

there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding his appearance before the court under this section.

for the arrest of that person, and

for the seizure of any books, papers, records, money or goods in that person’s possession.

the company enters administration,

the company goes into liquidation;

the company makes a gift to that person or otherwise enters into a transaction with that person on terms that provide for the company to receive no consideration, or

the company enters into a transaction with that person for a consideration the value of which, in money or money’s worth, is significantly less than the value, in money or money’s worth, of the consideration provided by the company.

that the company which entered into the transaction did so in good faith and for the purpose of carrying on its business, and

that at the time it did so there were reasonable grounds for believing that the transaction would benefit the company.

that person is one of the company’s creditors or a surety or guarantor for any of the company’s debts or other liabilities, and

the company does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event of the company going into insolvent liquidation, will be better than the position he would have been in if that thing had not been done.

in the case of a transaction at an undervalue or of a preference which is given to a person who is connected with the company (otherwise than by reason only of being its employee), at a time in the period of 2 years ending with the onset of insolvency (which expression is defined below),

in the case of a preference which is not such a transaction and is not so given, at a time in the period of 6 months ending with the onset of insolvency,F32. . .

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

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 14 or 22 of Schedule B1 and the making of an appointment under that paragraph.

is at that time unable to pay its debts within the meaning of section 123 in Chapter VI of Part IV, or

becomes unable to pay its debts within the meaning of that section in consequence of the transaction or preference;

in a case where section 238 or 239 applies by reason of an administrator of a company being appointed by administration order, the date on which the administration application is made,

in a case where section 238 or 239 applies by reason of an administrator of a company being appointed under paragraph 14 or 22 of Schedule B1 following filing with the 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,

in a case where section 238 or 239 applies by reason of an administrator of a company being appointed otherwise than as mentioned in paragraph (a) or (b), the date on which the appointment takes effect,

in a case where section 238 or 239 applies by reason of a company going into liquidation F35... 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

in a case where section 238 or 239 applies by reason of a company going into liquidation at any other time, the date of the commencement of the winding up.

require any property transferred as part of the transaction, or in connection with the giving of the preference, to be vested in the company,

require any property to be so vested if it represents in any person’s hands the application either of the proceeds of sale of property so transferred or of money so transferred,

release or discharge (in whole or in part) any security given by the company,

require any person to pay, in respect of benefits received by him from the company, such sums to the office-holder as the court may direct,

provide for any surety or guarantor whose obligations to any person were released or discharged (in whole or in part) under the transaction, or by the giving of the preference, to be under such new or revived obligations to that person as the court thinks appropriate,

provide for security to be provided for the discharge of any obligation imposed by or arising under the order, for such an obligation to be charged on any property and for the security or charge to have the same priority as a security or charge released or discharged (in whole or in part) under the transaction or by the giving of the preference, and

provide for the extent to which any person whose property is vested by the order in the company, or on whom obligations are imposed by the order, is to be able to prove in the winding up of the company for debts or other liabilities which arose from, or were released or discharged (in whole or in part) under or by, the transaction or the giving of the preference.

shall not prejudice any interest in property which was acquired from a person other than the company and was acquired F36in good faith and for value, or prejudice any interest deriving from such an interest, and

shall not require a person who received a benefit from the transaction or preference F36in good faith and for valueto pay a sum to the office-holder, except where that person was a party to the transaction or the payment is to be in respect of a preference given to that person at a time when he was a creditor of the company.

he had notice of the relevant surrounding circumstances and of the relevant proceedings, or

he was connected with, or was an associate of, either the company in question or the person with whom that company entered into the transaction or to whom that company gave the preference,

the fact that the company in question entered into the transaction at an undervalue; or

the circumstances which amounted to the giving of the preference by the company in question;

an administration application has been made,

an administration order has been made,

a copy of a notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 has been filed, or

notice of the appointment of an administrator has been filed under paragraph 18 or 29 of that Schedule.

an administration application has been made,

an administration order has been made,

a copy of a notice of intention to appoint an administrator under paragraph 14 or 22 of Schedule B1 has been filed,

notice of the appointment of an administrator has been filed under paragraph 18 or 29 of that Schedule, or

the company has gone into liquidation.

where the company goes into liquidation on the making of a winding-up order, of the fact that the petition on which the winding-up order is made has been presented or of the fact that the company has gone into liquidation;

in any other case, of the fact that the company has gone into liquidation.

F41a company enters administration, an alienation by the company is challengeable by the administrator.

by the alienation, whether before or after 1st April 1986 (the coming into force of section75 of the M1Bankruptcy (Scotland) Act 1985), any part of the company’s property is transferred or any claim or right of the company is discharged or renounced, and

the alienation takes place on a relevant day.

any other person, a day not earlier than 2 years before that date.

that immediately, or at any other time, after the alienation the company’s assets were greater than its liabilities, or

that the alienation was made for adequate consideration, or

a transaction in the ordinary course of trade or business;

a payment in cash for a debt which when it was paid had become payable, unless the transaction was collusive with the purpose of prejudicing the general body of creditors;

a transaction whereby the parties to it undertake reciprocal obligations (whether the performance by the parties of their respective obligations occurs at the same time or at different times) unless the transaction was collusive as aforesaid;

F45where the company has entered administration, the administrator.

the terms of it are or were such as to require grossly exorbitant payments to be made (whether unconditionally or in certain contingencies) in respect of the provision of the credit, or

it otherwise grossly contravened ordinary principles of fair dealing;

provision setting aside the whole or part of any obligation created by the transaction,

provision otherwise varying the terms of the transaction or varying the terms on which any security for the purposes of the transaction is held,

provision requiring any person who is or was a party to the transaction to pay to the office-holder any sums paid to that person, by virtue of the transaction, by the company,

provision requiring any person to surrender to the office-holder any property held by him as security for the purposes of the transaction,

provision directing accounts to be taken between any persons.

the value of so much of the consideration for the creation of the charge as consists of money paid, or goods or services supplied, to the company at the same time as, or after, the creation of the charge,

the value of so much of that consideration as consists of the discharge or reduction, at the same time as, or after, the creation of the charge, of any debt of the company, and

the amount of such interest (if any) as is payable on the amount falling within paragraph (a) or (b) in pursuance of any agreement under which the money was so paid, the goods or services were so supplied or the debt was so discharged or reduced.

in the case of a charge which is created in favour of a person who is connected with the company, at a time in the period of 2 years ending with the onset of insolvency,

in the case of a charge which is created in favour of any other person, at a time in the period of 12 months ending with the onset of insolvency,F47. . .

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

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 14 or 22 of Schedule B1 and the making of an appointment under that paragraph.

is at that time unable to pay its debts within the meaning of section 123 in Chapter VI of Part IV, or

becomes unable to pay its debts within the meaning of that section in consequence of the transaction under which the charge is created.

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

in a case where this section applies by reason of an administrator of a company being appointed under paragraph 14 or 22 of Schedule B1 following filing with the court of a copy of notice of intention to appoint under that paragraph, the date on which the copy of the notice is filed,

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

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

the company enters administration,

the company goes into liquidation, or

a provisional liquidator is appointed;

the company has entered insolvent administration,

at some time before the company entered administration, that person knew or ought to have concluded that there was no reasonable prospect that the company would avoid entering insolvent administration or going into insolvent liquidation, and

the person was a director of the company at that time.

the general knowledge, skill and experience that may reasonably be expected of a person carrying out the same functions as are carried out by that director in relation to the company, and

the general knowledge, skill and experience that that director has.

a company enters insolvent administration if it enters administration at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the administration;

a company goes into insolvent liquidation if it goes into liquidation at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the winding up.

the company enters administration, or

the company goes into liquidation;

section A43 (challenges to monitor remuneration in subsequent insolvency proceedings);

section 213 or 246ZA (fraudulent trading);

section 214 or 246ZB (wrongful trading);

section 238 (transactions at an undervalue (England and Wales));

section 239 (preferences (England and Wales));

section 242 (gratuitous alienations (Scotland));

section 243 (unfair preferences (Scotland));

section 244 (extortionate credit transactions).

requiring a decision to be made, or prohibiting a decision from being made, by a particular qualifying decision procedure (other than a creditors' meeting or a contributories' meeting);

permitting or requiring a decision to be made by a creditors' meeting or a contributories' meeting.

10% in value of the creditors or contributories;

10% in number of the creditors or contributories;

10 creditors or contributories.

a decision about the matter is required by virtue of this Act, the rules, or any other legislation to be made by a qualifying decision procedure, or

the court orders that a decision about the matter is to be made by a qualifying decision procedure.

the matter about which they are to make a decision,

the decision that the person giving the notice proposes should be made (the “proposed decision”),

the effect of subsections (4) and (5), and

the procedure for objecting to the proposed decision.

the creditors or (as the case may be) the contributories are to be treated as not having made a decision about the matter in question, and

if a decision about that matter is again sought from the creditors or (as the case may be) the contributories, it must be sought using a qualifying decision procedure.

the minimum number of creditors;

the minimum number of contributories.

the appropriate number of relevant creditors;

the appropriate number of relevant contributories.

a proportion in value,

a proportion in number,

an absolute number,

for creditors and for contributories,

for different kinds of decisions.