Part 2Further education bodies: insolvency etc

CHAPTER 3Restrictions on use of normal insolvency procedures

14Interpretation of Chapter

1

In this Chapter—

  • the court”, in relation to a further education body, means the court having jurisdiction to wind up the body;

  • education administration application” has the meaning given by section 18;

  • education administration order” has the meaning given by section 17.

2

For the purposes of this Chapter an application made to the court is outstanding if it—

a

has not yet been granted or dismissed, and

b

has not been withdrawn.

3

An application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

4

An appeal is to be treated as pending for this purpose if—

a

an appeal has been brought and has not been determined or withdrawn,

b

an application for permission to appeal has been made but has not been determined or withdrawn, or

c

no appeal has been brought and the period for bringing one is still running.

5

In relation to a further education body that is a statutory corporation, a reference in this Chapter to a provision of the Insolvency Act 1986 is to that provision as it applies to the body by virtue of section 6.