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Part XVIIIE+W+S Interpretation

Modifications etc. (not altering text)

C1Pt. 18 (ss. 435-436) applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(f), 6(3)(f)

Pt. 18 (ss. 435-436) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

Pt. 18 (ss. 435-436) applied (with modifications) (1.12.1997) by 1986 c. 53, Sch. 15A para. 1(2) (as inserted by 1997 c. 32, s. 39(2), Sch. 6); S.I. 1997/2668, art. 2, Sch. Pt. I(i)

C2Third 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; (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4); (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 Pts. 2, 3; and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 1 (with reg. 3(2)))

C5Third Group of Parts (Pts. 12-19) applied (with modifications) (E.W.S.) (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)

[F1436BReferences to things in writingE+W+S

(1) A reference in this Act to a thing in writing includes that thing in electronic form.

(2) Subsection (1) does not apply to the following provisions—

(a)section 53 (mode of appointment by holder of charge),

[F2(b)section 67(2) (report by receiver),]

(c)section 70(4) (reference to instrument creating a charge),

(d)section 111(2) (dissent from arrangement under s. 110),

[F2(e)in the case of a winding up of a company registered in Scotland, section 111(4),]

(f)section 123(1) (definition of inability to pay debts),

(g)section 198(3) (duties of sheriff principal as regards examination),

(h)section 222(1) (inability to pay debts: unpaid creditor for £750 or more), and

(i)section 223 (inability to pay debts: debt remaining unsatisfied after action brought).]

Textual Amendments

F2S. 436B(2)(b)(e) repealed (S.) (1.4.2016 for specified purposes, 6.4.2019 in so far as not already in force) by The Public Services Reform (Insolvency) (Scotland) Order 2016 (S.S.I. 2016/141), arts. 1(3)(4), 13 (with arts. 14, 15) (see S.I. 2019/816, reg. 4(a))