SCHEDULES

C1C2F1SCHEDULE 2A EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER: SUPPLEMENTARY PROVISIONS

Annotations:
Amendments (Textual)
F1

Sch. 2A inserted (15.9.2003) by 2002 c. 40, s. 250(2), 279, Sch. 18 (with s. 249(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

7C2Project company

1

For the purposes of sections 72C to 72E a company is a “project company” of a project if—

a

it holds property for the purpose of the project,

b

it has sole or principal responsibility under an agreement for carrying out all or part of the project,

c

it is one of a number of companies which together carry out the project,

d

it has the purpose of supplying finance to enable the project to be carried out, or

e

it is the holding company of a company within any of paragraphs (a) to (d).

2

But a company is not a “project company” of a project if—

a

it performs a function within sub-paragraph (1)(a) to (d) or is within sub-paragraph (1)(e), but

b

it also performs a function which is not—

i

within sub-paragraph (1)(a) to (d),

ii

)related to a function within sub-paragraph (1)(a) to (d), or

iii

related to the project.

3

For the purposes of this paragraph a company carries out all or part of a project whether or not it acts wholly or partly through agents.