[F1246ZDPower to assignE+W+S
(1)This section applies in the case of a company where—
(a)the company enters administration, or
(b)the company goes into liquidation;
and “the office-holder” means the administrator or the liquidator, as the case may be.
(2)The office-holder may assign a right of action (including the proceeds of an action) arising under [F2or by virtue of] any of the following—
[F3(za)section A43 (challenges to monitor remuneration in subsequent insolvency proceedings);]
(a)section 213 or 246ZA (fraudulent trading);
(b)section 214 or 246ZB (wrongful trading);
(c)section 238 (transactions at an undervalue (England and Wales));
(d)section 239 (preferences (England and Wales));
(e)section 242 (gratuitous alienations (Scotland));
(f)section 243 (unfair preferences (Scotland));
(g)section 244 (extortionate credit transactions).]
Textual Amendments
F1S. 246ZD and cross-heading inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 118, 164(1); S.I. 2015/1689, reg. 2(j) (with Sch. para. 16)
F2Words in s. 246ZD(2) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 16(a) (with ss. 2(2), 5(2))
F3S. 246ZD(2)(za) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 16(b) (with ss. 2(2), 5(2))
Modifications etc. (not altering text)
C1Pt. 6 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 1 para. 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)
C2S. 246ZD applied (with modifications) by 2009 c. 1, s. 103 (as amended) (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 5(4)
C3Ss. 246ZA-246ZD applied (with modifications) by 2009 c. 1, s. 145 Table 2 (as amended) (7.4.2017) by The Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (Amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017 (S.I. 2017/400), regs. 1(2), 5(10)
C4S. 246ZD applied (with modifications) (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 4; S.I. 2018/1161, reg. 3(d)
C5S. 246ZD applied (with modifications) (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 3; S.I. 2018/1161, reg. 3(c)
C6S. 246ZD applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)
C7S. 246ZD applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1) (with reg. 64)