SCHEDULE 11 Transitional Provisions and Savings
Part I Company Insolvency and Winding Up
Provisions relating to liquidator
6
(1)
This paragraph applies as regards the liquidator in the case of winding up by the court in England and Wales commenced, or treated as having commenced, before the appointed day.
(2)
The official receiver may, at any time when he is liquidator of the company, apply to the Secretary of State for the appointment of a liquidator in his (the official receiver’s) place; and on any such application the Secretary of State shall either make an appointment or decline to make one.
(3)
Where immediately before the appointed day the liquidator of the company has not made an application under section 545 of F1the Companies Act 1985 (release of liquidators), then—
(a)
except where the Secretary of State otherwise directs, sections 146(1) and (2) and 172(8) of this Act apply, and section 545 does not apply, in relation to any liquidator of that company who holds office on or at any time after the appointed day and is not the official receiver;
(b)
section 146(3) applies in relation to the carrying out at any time after that day by any liquidator of the company of any of his functions; and
(c)
a liquidator in relation to whom section 172(8) has effect by virtue of this paragraph has his release with effect from the time specified in section 174(4)(d) of this Act.
(4)
Subsection (6) of section 174 of this Act has effect for the purposes of sub-paragraph (3)(c) above as it has for the purposes of that section, but as if the reference to section 212 were to section 631 of F2the Companies Act 1985.
(5)
The liquidator may employ a solicitor to assist him in the carrying out of his functions without the permission of the committee of inspection; but if he does so employ a solicitor he shall inform the committee of inspection that he has done so.