SCHEDULE 1Rules for interpretation of regulation 7(2)
Rights exercisable only in certain circumstances etc.
13.
(1)
Rights that are exercisable only in certain circumstances are to be taken into account only—
(a)
when the circumstances have arisen, and for so long as they continue to obtain, or
(b)
when the circumstances are within the control of the person having the rights.
(2)
But rights that are exercisable by an administrator or by creditors while a person is subject to relevant insolvency proceedings are not to be taken into account while the person is subject to those proceedings.
(3)
“Relevant insolvency proceedings” means—
(a)
administration within the meaning of the Insolvency Act 1986 M1,
(b)
administration within the meaning of the Insolvency (Northern Ireland) Order 1989 M2, or
(c)
proceedings under the insolvency law of another country during which a person's assets and affairs are subject to the control or supervision of a third party or creditor.
(4)
Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.