Modifications etc. (not altering text)
C1Pt. 4 (ss.29-45): power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. 1 para. 4(1)(b) (with ss. 139(2), 143(2)); S.I. 1998/2789 art. 2
C2Pt. 4 applied (6.4.2009) by Energy Act 2008 (c. 32), ss. 30(1), 110(2); S.I. 2009/45, art. 4(a)(ii)
(1)This section applies where any security for the performance of obligations under an approved abandonment programme has been provided by a person (“the security provider”) by way of a trust or other arrangements.
(2)Subsection (1) applies whether the security is provided before or after the programme is approved.
(3)In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.
(4)In this section “security” includes—
(a)a charge over a bank account or any other asset;
(b)a deposit of money;
(c)a performance bond or guarantee;
(d)an insurance policy;
(e)a letter of credit.
(5)The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.
(6)For the purposes of subsection (5), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—
(a)prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or
(b)prevent or restrict their enforcement for the purposes of being so applied.
(7)In subsection (6) “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation.]
Textual Amendments
F1Ss. 38A, 38B inserted (26.1.2009) by Energy Act 2008 (c. 32), ss. 74, 110(2); S.I. 2009/45, art. 2(b)(i)