Relevant persons: bodies in insolvency or administration under sectoral legislation3

1

In section 6 of the 2010 Act (relevant persons: corporate bodies etc), after subsection (4) insert—

4A

A body corporate or unincorporated body is a relevant person if it is in insolvency under Part 2 of the Banking Act 20093.

4B

A body corporate or unincorporated body is a relevant person if it is in administration under relevant sectoral legislation as defined in Schedule A1.

2

Before Schedule 1 to that Act insert—

SCHEDULE A1Administration under relevant sectoral legislation

Section 6(4B)

For the purposes of section 6(4B)—

a

a body is in administration under relevant sectoral legislation if the appointment of an administrator of the body under an enactment listed below has effect, and

b

the body does not cease to be in administration merely because an administrator vacates office (by reason of resignation, death or otherwise) or is removed from office.

List of Enactments

Aviation

Chapter 1 of Part 1 of the Transport Act 20004

Energy

Chapter 3 of Part 3 of the Energy Act 20045

Chapter 5 of Part 2 of the Energy Act 20116

Part 2 of the Energy Act (Northern Ireland) 2011 (c.6 (N.I.))

Financial Services

Part 2 of the Insolvency Act 19867 (as it has effect by virtue of section 249 of the Enterprise Act 20028), as applied by Schedule 15A to the Building Societies Act 19869

Part 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (as it has effect by virtue of article 4 of the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I.10))), as applied by Schedule 15A to the Building Societies Act 1986

Part 3 of the Banking Act 200910

Investment Bank Special Administration Regulations 2011 (S.I. 2011/245)

Part 6 of the Financial Services (Banking Reform) Act 201311

Postal Services

Part 4 of the Postal Services Act 201112

Railways

Part 1 of the Railways Act 199313

Chapter 7 of Part 4 of the Greater London Authority Act 199914

Water and sewerage

Chapter 2 of Part 2 of the Water Industry Act 199115

Chapter 2 of Part 3 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))