61 Restriction on making winding-up order in respect of protected railway company.E+W+S
(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 [F1appropriate national authority] ; and
(ii)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F1appropriate national authority] , F3. . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Textual Amendments
F1Words in s. 61(1)(a)(i)(2)(a) substituted (16.10.2005) by Railways Act 2005 (c. 14), s. 49(4)(a); S.I. 2005/2812, art. 2(1), Sch. 1
F2S. 61(1)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3S. 61(2)(b) and preceding word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 61 restricted (18.12.1996) by 1996 c. 61, s. 19(7)
Marginal Citations