The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009

Companies Act 2006

6.—(1) The following provisions of the Companies Act 2006(1) apply with the modifications set out in this article.

(2) In section 461 (permitted disclosure of information obtained under compulsory powers)—

(a) subsection (4)(c) is to be read so as to include the 2009 Act in the list of enactments in that subsection;

(b) in subsection (4)(g) is to be read so as to include the 2009 Act in the list of enactments in that subsection.

(3) Any references in Part 35 (the registrar of companies) to the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 are to be read as including a reference to Parts 2 and 3 of the 2009 Act.

(4) Where an application is made to the court for—

(a) a bank insolvency order under Part 2 of the 2009 Act,

(b) the appointment of a provisional bank liquidator under section 135 of the Insolvency Act 1986 or article 115 of the Insolvency (Northern Ireland) Order 1989, as applied by section 103 of the 2009 Act,

(c) a bank administration order under Part 3 of the 2009 Act, or

(d) the appointment of a provisional bank administrator under section 135 of the Insolvency Act 1986 or article 115 of the Insolvency (Northern Ireland) Order 1989, as applied by section 145 of the 2009 Act,

sections 1139 and 1140 (service of documents on company, directors, secretaries and others) have effect subject to the provisions for service set out in Parts 2 or 3 of the 2009 Act and in rules made under section 411 of the Insolvency Act 1986 in respect of those Parts.

(5) In Part 2 of Schedule 2 (Specified Descriptions of Disclosures)—

(a) paragraph 25 is to be read so as to include the 2009 Act in the list of enactments in that paragraph, and

(b) paragraph 46 is to be read so as to include the 2009 Act in the list of enactments in that paragraph.

(6) In Part 2(2) of Schedule 11A (Specified Descriptions of Disclosures)—

(a) paragraph 30 is to be read so as to include the 2009 Act in the list of enactments in that paragraph, and

(b) paragraph 52 is to be read so as to include the 2009 Act in the list of enactments in that paragraph.

(1)

2006 c.46.

(2)

Part 2 of Schedule 11A was inserted by S.I. 2007/3494, regulation 8(2) and Schedule.