Part I The Provision of Railway Services
Railway administration orders, winding up and insolvency
61 Restriction on making winding-up order in respect of protected railway company.
(1)
Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—
(a)
notice of the petition has been served on—
(i)
the Secretary of State; and
(ii)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
a period of at least fourteen days has elapsed since the service of that notice.
(2)
Where a petition for the winding up of a protected railway company has been presented—
(a)
the Secretary of State, F2. . .
(b)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.
(3)
Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M1Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4)
In this section “the court” has the same meaning as in section 59 above.