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Part 31U.K.Dissolution and restoration to the register

Modifications etc. (not altering text)

C1Pt. 31 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(c), 8(2); S.I. 2013/2936, art. 2

C2Pt. 31 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

Chapter 3U.K.Restoration to the register

Restoration to the register by the courtU.K.

1030When application to the court may be madeU.K.

(1)An application to the court for restoration of a company to the register may be made at any time for the [F1purpose of—

(a)bringing] proceedings against the company for damages for personal [F2injury;

(b)an insurer (within the meaning of the Third Parties (Rights Against Insurers) Act 2010) bringing proceedings against a third party in the name of that company in respect of that company’s liability for damages for personal injury.]

(2)No order shall be made on such an application if it appears to the court that the proceedings would fail by virtue of any enactment as to the time within which proceedings must be brought.

(3)In making that decision the court must have regard to its power under section 1032(3) (power to give consequential directions etc) to direct that the period between the dissolution (or striking off) of the company and the making of the order is not to count for the purposes of any such enactment.

(4)In any other case an application to the court for restoration of a company to the register may not be made after the end of the period of six years from the date of the dissolution of the company, subject as follows.

(5)In a case where—

(a)the company has been struck off the register under section 1000 or 1001 (power of registrar to strike off defunct company),

(b)an application to the registrar has been made under section 1024 (application for administrative restoration to the register) within the time allowed for making such an application, and

(c)the registrar has refused the application,

an application to the court under this section may be made within 28 days of notice of the registrar's decision being issued by the registrar, even if the period of six years mentioned in subsection (4) above has expired.

(6)For the purposes of this section—

(a)“personal injury” includes any disease and any impairment of a person's physical or mental condition; and

(b)references to damages for personal injury include—

(i)any sum claimed by virtue of section 1(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1934 (c. 41) or section 14(2)(c) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 (1937 c. 9 (N.I.)) (funeral expenses)), and

(ii)damages under the Fatal Accidents Act 1976 (c. 30), the [F3Damages (Scotland) Act 2011 (asp 7)] or the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)).

Textual Amendments

F3Words in s. 1030(6)(b)(ii) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), ss. 15, 19(3)(4), Sch. 1 para. 9 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)

Modifications etc. (not altering text)