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SCHEDULES

SCHEDULE 3Moratoriums in Great Britain: further amendments

Insolvency Act 1986

4(1)Section 4 (decision of the company and its creditors in relation to voluntary arrangement) is amended as follows.

(2)After subsection (4) insert—

(4A)Subject to subsection (4B), where the nominee’s report under section 2(2) is submitted to the court before the end of the period of 12 weeks beginning with the day after the end of any moratorium for the company under Part A1, neither the company nor its creditors may approve any proposal or modification under which the following are to be paid otherwise than in full—

(a)moratorium debts (within the meaning given by section 174A);

(b)priority pre-moratorium debts (within the meaning given by section 174A).

(4B)Subsection (4A) does not prevent the approval of such a proposal or modification with the concurrence of the creditor concerned.