PART 1U.K.Application of Rules with modifications
1. In relation to the winding up of a relevant scheme by the High Court under the 1986 Act, Parts 4 and 7 to 13 of the Insolvency Rules 1986 M1, in so far as they apply to the winding up of an unregistered company, apply with—U.K.
(a)the general modifications set out in paragraph 2;
(b)any other modification specified in the Table in Part 2 of this Schedule; and
(c)any other necessary modification.
Marginal Citations
M1S.I. 1986/1925 as modified by S.I. 2011/2866 and 1991/2684, and as amended by S.I. 1993/602, 1999/1022, 2004/584, 2005/527, 2006/1272, 2008/737, 2009/642, 2010/686 and 2012/2404. There are other modifications and amendments not relevant to these Regulations.
2. Unless the context otherwise requires and subject to any modification specified in the Table in Part 2 of this Schedule which has a contrary effect, the general modifications are that—U.K.
(a)a reference to a company includes a reference to a relevant scheme;
(b)a reference to a voluntary winding up or a resolution for voluntary winding up of a company is to be ignored;
(c)in any provision relating to—
(i)the service on a company of a petition, demand or order, or the giving or sending by a company of any notice or other document,
(ii)the provision to a company of any explanation or other information, or
(iii)an application to the court by a company or by any person in relation to a company,
a reference to the company is to be read as a reference to the operator or, in the case of a provision that has effect in relation to a company before the presentation of a winding-up petition, the operator of a relevant scheme in relation to which a written demand has been served under section 222(1)(a) (as applied by Schedule 2);
(d)a reference to a creditor of a company is to be read as a reference to a creditor of the relevant scheme;
(e)a reference to a contributory or to a meeting of contributories is to be ignored;
(f)a reference to a member of a company or to a register of members is to be ignored;
(g)a reference to the estate or to the property or assets of a company is to be read as a reference to the property subject to the relevant scheme;
(h)a reference to a debt or liability of a company is to be read as a reference to a debt or liability of the relevant scheme; and
(i)a reference to the registrar of companies is to be read as a reference to the FCA.