Valid from 15/09/2003
Dismissal of pending winding-up petitionE+W+S
40(1)A petition for the winding up of a company—
(a)shall be dismissed on the making of an administration order in respect of the company, and
(b)shall be suspended while the company is in administration following an appointment under paragraph 14.
(2)Sub-paragraph (1)(b) does not apply to a petition presented under—
(a)section 124A (public interest), or
(b)section 367 of the Financial Services and Markets Act 2000 (c. 8) (petition by Financial Services Authority).
(3)Where an administrator becomes aware that a petition was presented under a provision referred to in sub-paragraph (2) before his appointment, he shall apply to the court for directions under paragraph 63.