Part 2Further education bodies: insolvency etc

CHAPTER 3Restrictions on use of normal insolvency procedures

11Winding-up order

(1)

This section applies if a person other than the appropriate national authority petitions for the winding up of a further education body.

(2)

The court is not to exercise its powers on a winding-up petition unless—

(a)

notice of the petition has been given to the appropriate national authority, and

(b)

a period of at least 14 days has elapsed since that notice was given.

(3)

If an education administration application is made in relation to the further education body before a winding-up order is made on the petition, the court may exercise its powers under sections 19 and 20 (instead of exercising its powers on the petition).

(4)

References in this section to the court's powers on a winding-up petition are to—

(a)

its powers under section 125 of the Insolvency Act 1986 (other than its power of adjournment), and

(b)

its powers under section 135 of the Insolvency Act 1986.