C2C1C3C4F1Part A1Moratorium

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. A1 excluded by S.I. 2012/3013, Sch. 1 para. 1(2A) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 49(4) (with ss. 2(2), 5(2)))

C1

Pt. A1 power to apply (with modifications) conferred by 2011 c. 25, s. 247A (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 45 (with ss. 2(2), 5(2)))

Chapter 8Miscellaneous and general

Special rules for certain kinds of company etc

A50Power to modify this Part etc in relation to certain companies

1

The Secretary of State may by regulations make provision under the law of England and Wales or Scotland—

a

to modify this Part as it applies in relation to a company for which there is a special administration regime, or

b

in connection with the interaction between this Part and any other insolvency procedure in relation to such a company.

2

The Welsh Ministers may by regulations make provision under the law of England and Wales—

a

to modify this Part as it applies in relation to a company that is a social landlord registered under Part 1 of the Housing Act 1996, or

b

make provision in connection with the interaction between this Part and any other insolvency procedure in relation to such a company.

3

The Scottish Ministers may by regulations make provision under the law of Scotland—

a

to modify this Part as it applies in relation to a company that is a social landlord registered under Part 2 of the Housing (Scotland) Act 2010 (asp 17), or

b

make provision in connection with the interaction between this Part and any other insolvency procedure in relation to such a company.

4

The Secretary of State may, by regulations, make any provision under the law of England and Wales, Scotland or Northern Ireland that appears to the Secretary of State to be appropriate in view of provision made under subsection (1), (2) or (3).

5

The power in subsection (1), (2), (3) or (4) may, in particular, be used to amend, repeal, revoke or otherwise modify any provision made by an enactment.

6

Regulations under subsection (1) or (4) are subject to the affirmative resolution procedure.

7

A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of Senedd Cymru.

8

Regulations made by the Scottish Ministers under subsection (3) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

9

In this section—

  • “insolvency procedure” includes—

    1. a

      in relation to subsection (1)(b), the provision made by sections 143A to 159 of the Housing and Regeneration Act 2008;

    2. b

      in relation to subsection (2)(b), the provision made by sections 39 to 50 of the Housing Act 1996;

    3. c

      in relation to subsection (3)(b), the provision made by Part 7 of the Housing (Scotland) Act 2010;

  • “ordinary administration” means the insolvency procedure provided for by Schedule B1;

  • “special administration regime” means provision made by an enactment for an insolvency procedure that—

    1. a

      is similar or corresponds to ordinary administration, and

    2. b

      provides for the administrator to have one or more special objectives instead of or in addition to the objectives of ordinary administration.