C5C6C9C8C7Part XII Preferential F8and non-preferential debts in Company and Individual Insolvency
Pt. 12 (ss. 386, 387) extended with modifications by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5)(a), 90, 126(3), Sch. 15 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 2(2))
Pt. 12 (ss. 386, 387) applied (with modifications) (1.2.1993) by Friendly Societies Act 1992 (c. 40), ss. 21(1), 22, 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 3)
Pt. 12 (ss. 386, 387) modified (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 23, Sch. 10 Pt. I para. 1(a) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 3)
Pt. 12 (ss. 386-387) applied (1.12.1994) by S.I. 1994/2421, art. 4(3)(c)
Pt. 12 (ss. 386-387) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7
Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4) and (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 Pts. 2, 3)
Pts. 12-19 applied (with modifications) in part (E.W.) (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), reg. 1, Sch. para. 1(2)(a)(3)-(7) (as amended (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 49(3) (with ss. 2(2), 5(2)); (7.7.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) Regulations 2020 (S.I. 2020/710), regs. 1, 4 (with reg. 6) (which affecting legislation is revoked and this amendment reversed (13.8.2020) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(2), 2); and (13.8.2020 immediately after the coming into force of S.I. 2020/856, reg. 2) by The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/856), regs. 1(3), 5 (with reg. 7))
Pts. 12-19 applied (with modifications) (6.4.2014) by The Industrial and Provident Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I. 2014/229), arts. 1, 4(c), Sch. 3 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 15(4)(b); and (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 8)
Pt. 12 applied (with modifications) by 1986 c. 53, Sch. 15A (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 2(3))
C1C2C3387“The relevant date”.
C41
This section explains references in Schedule 6 to the relevant date (being the date which determines the existence and amount of a preferential debt).
2
For the purposes of section 4 in Part I (F9consideration of company voluntary arrangement), the relevant date in relation to a company which is not being wound up is—
F1a
if the company is in administration, the date on which it entered administration, and
b
if the company is not in administration, the date on which the voluntary arrangement takes effect.
F102A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In relation to a company which is being wound up, the following applies—
a
if the winding up is by the court, and the winding-up order was made immediately upon the discharge of an administration order, the relevant date is F2the date on which the company entered administration;
F11aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
if the case does not fall within paragraph (a) F12... and the company—
i
is being wound up by the court, and
ii
had not commenced to be wound up voluntarily before the date of the making of the winding-up order,
the relevant date is the date of the appointment (or first appointment) of a provisional liquidator or, if no such appointment has been made, the date of the winding-up order;
F53A
In relation to a company which is in administration (and to which no other provision of this section applies) the relevant date is the date on which the company enters administration.
4
In relation to a company in receivership (where section 40 or, as the case may be, section 59 applies), the relevant date is—
a
in England and Wales, the date of the appointment of the receiver by debenture-holders, and
b
in Scotland, the date of the appointment of the receiver under section 53(6) or (as the case may be) 54(5).
C45
For the purposes of section 258 in Part VIII (individual voluntary arrangements), the relevant date is, in relation to a debtor who is not an undischarged bankrupt
F6a
where an interim order has been made under section 252 with respect to his proposal, the date of that order, and
b
in any other case, the date on which the voluntary arrangement takes effect.
C46
In relation to a bankrupt, the following applies—
a
where at the time the bankruptcy order was made there was an interim receiver appointed under section 286, the relevant date is the date on which the interim receiver was first appointed after F7the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition;
b
otherwise, the relevant date is the date of the making of the bankruptcy order.
Words in Pt. 12 heading inserted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 10 (with art. 3)