xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
C2Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Commencement Information
I1Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)
(1)No resolution for voluntary winding up shall be passed by a protected railway company without leave of the court granted on an application made for the purpose by the company.
(2)No such leave shall be granted unless—
(a)notice of the application 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.
(3)Where an application for leave under subsection (1) above has been made by a protected railway company—
(a)the Secretary of State, F2. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before leave has been granted under subsection (1) above, 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 granting leave under subsection (1) above.
(4)Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a railway administration order by virtue of subsection (3) 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 application as they apply on the hearing of a petition for an administration order.
(5)No administration order under Part II of the M2Insolvency Act 1986 shall be made in relation to a protected railway company unless—
(a)notice of the application for the order has been served on—
(i)the Secretary of State; and
(ii)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a period of at least fourteen days has elapsed since the service of that notice.
(6)Where an application for an administration order under Part II of the M3Insolvency Act 1986 has been made in the case of a protected railway company—
(a)the Secretary of State, F4. . .
(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before such an order has been made on that application, 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 an administration order under Part II of the M4Insolvency Act 1986.
(7)No step shall be taken by any person to enforce any security over a protected railway company’s property, except where that person has served fourteen days’ notice of his intention to take that step on—
(a)the Secretary of State; F5. . .
(b)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
“the court” has the same meaning as in section 59 above;
“resolution for voluntary winding up” has the same meaning as in the M5Insolvency Act 1986;
“security” and “property” have the same meaning as in the M6Insolvency Act 1986.
Textual Amendments
F1S. 62(2)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 27(1)(b)(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F2S. 62(3)(b) and word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1,59, 60, Sch. 1 para. 27(1)(b)(2), {Sch. 13 Pt. 1} (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3S. 62(5)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 27(1)(b)(2)), {Sch. 13 Pt. 1} (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F4S. 62(6)(b) and word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 27(1)(b)(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F5S. 62(7)(b) and word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 27(1)(b)(2), 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)
C3S. 62 restricted (18.12.1996) by 1996 c. 61, s. 19(7)
Marginal Citations