Corporate Insolvency and Governance Act 2020

Moratoriums in Great Britain

(1) In the Insolvency Act 1986, before Part 1 (but within the First Group of Parts) insert— PART A1 Moratorium CHAPTER 1 Introductory Overview A1 (1) This Part…

Moratoriums in Great Britain: further amendments and transition

(1) Schedule 3 contains consequential and other amendments to do with moratoriums under new Part A1 of the Insolvency Act 1986. (2) Nothing in this Act affects…

Moratoriums in Great Britain: temporary modifications

Schedule 4 makes temporary modifications to Part A1 of the Insolvency Act 1986 (moratorium) and other temporary provision in connection with that Part.

Moratoriums in Northern Ireland

(1) In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), immediately before Part 2 (and after the heading before Parts 2 to 7) insert—…

Moratoriums in Northern Ireland: further amendments and transition

(1) Schedule 7 contains consequential and other amendments to do with moratoriums under new Part 1A of the Insolvency (Northern Ireland) Order 1989 (S.I…

Moratoriums in Northern Ireland: temporary modifications

Schedule 8 makes temporary modifications to Part 1A of the Insolvency (Northern Ireland) Order 1989 (moratorium) and other temporary provision in connection…

Arrangements and reconstructions for companies in financial difficulty

— s. 7 — Arrangements and reconstructions for companies in financial difficulty Schedule 9 contains provision about arrangements and reconstructions for…

Administration in Great Britain: sales to connected persons

(1) Paragraph 60A of Schedule B1 to the Insolvency Act 1986 (which expired in May 2020) is revived. (2) For sub-paragraph (10) of that paragraph substitute—…

Administration in Northern Ireland: sales to connected persons

(1) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) is amended as follows. (2) Schedule B1 (administration) is amended in accordance…

Winding-up petitions: Great Britain

Schedule 10 contains temporary provision in relation to winding-up petitions in Great Britain.

Winding-up petitions: Northern Ireland

Schedule 11 contains temporary provision in relation to winding-up petitions in Northern Ireland.

Suspension of liability for wrongful trading: Great Britain

(1) In determining for the purposes of section 214 or 246ZB of the Insolvency Act 1986 (liability of director for wrongful trading) the contribution (if any)…

Suspension of liability for wrongful trading: Northern Ireland

(1) In determining for the purposes of Article 178 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (liability of director for…

Protection of supplies of goods and services: Great Britain

(1) In the Insolvency Act 1986, after section 233A insert— Protection of supplies of goods and services 233B (1) This section applies where a company becomes…

Temporary exclusion for small suppliers: Great Britain

(1) Section 233B of the Insolvency Act 1986 does not apply in relation to a contract for the supply of goods or services to a company where— (a) the company…

Protection of supplies of electricity, gas, water, etc: Northern Ireland

(1) Article 197 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) is amended as follows. (2) Paragraph (3) is amended in accordance…

Further protection of essential supplies: Northern Ireland

(1) After Article 197 of the Insolvency (Northern Ireland) Order 1989 insert— Further protection of essential supplies 197A (1) An insolvency-related term of a…

Protection of supplies of goods and services: Northern Ireland

(1) After Article 197A of the Insolvency (Northern Ireland) Order 1989 insert— Protection of supplies of goods and services 197B (1) This Article applies where…

Temporary exclusion for small suppliers: Northern Ireland

(1) Article 197B of the Insolvency (Northern Ireland) Order 1989 does not apply in relation to a contract for the supply of goods or services to a company…

Regulations to amend legislation: Great Britain

(1) The Secretary of State may by regulations amend, or modify the effect of, corporate insolvency or governance legislation so as to— (a) change the…

Purposes

(1) The Secretary of State may only make regulations under section 20(1)(a) or (b) if satisfied that the regulations are expedient for any of the following…

Restrictions

(1) Before making regulations under section 20 the Secretary of State must consider the effect of the regulations on persons likely to be affected by them (for…

Time-limited effect

(1) Regulations under section 20 must be framed so that any provision made by them— (a) has effect only for a period not exceeding six months, or (b) applies…

Expiry

(1) The Secretary of State may not make regulations under section 20 after 29 April 2022. (2) Where regulations under section 20 are in force on the date…

Consequential provision etc

(1) The Secretary of State may by regulations make consequential, incidental or supplementary provision, or transitional provision or savings, in connection…

Procedure for regulations

(1) Regulations under sections 20 to 25 are to be made by statutory instrument. (2) A statutory instrument containing— (a) regulations made under section 20…

Interpretation

(1) In sections 20 to 26 and this section— “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); “corporate insolvency or…

Regulations to amend legislation: Northern Ireland

(1) The Department or the Secretary of State may by regulations amend, or modify the effect of, corporate insolvency or governance legislation so as to— (a)…

Purposes

(1) A relevant authority may only make regulations under section 28(1)(a) or (b) if satisfied that the regulations are expedient for any of the following…

Restrictions

(1) Before making regulations under section 28 the relevant authority concerned must consider the effect of the regulations on persons likely to be affected by…

Time-limited effect

(1) Regulations under section 28 must be framed so that any provision made by them— (a) has effect only for a period not exceeding six months, or (b) applies…

Expiry

(1) A relevant authority may not make regulations under section 28 after 29 April 2022. (2) Where regulations under section 28 are in force on the date…

Consequential provision etc

(1) A relevant authority may by regulations make consequential, incidental or supplementary provision, or transitional provision or savings, in connection with…

Procedure for regulations made by the Department

(1) Any power of the Department to make regulations under sections 28 to 33 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern…

Procedure for regulations made by the Secretary of State

(1) Regulations made by the Secretary of State under sections 28 to 33 are to be made by statutory instrument. (2) A statutory instrument containing— (a)…

Interpretation

(1) In sections 28 to 35 and this section— “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); “corporate insolvency or…

Meetings of companies and other bodies

Schedule 14 makes provision about meetings of companies and other bodies.

Temporary extension of period for public company to file accounts

(1) This section applies where (but for this section) the period allowed for the directors of a public company to comply with their obligation under section…

Temporary power to extend periods for providing information to registrar

(1) The Secretary of State may by regulations provide that any provision listed in section 40 is to have effect as if for a reference in the provision to a…

Section 39: the listed provisions

The provisions referred to in section 39(1) are— (a) section 9 of the Limited Partnerships Act 1907 (registration of changes to a limited partnership); (b)…

Power to change duration of temporary provisions: Great Britain

(1) The Secretary of State may by regulations made by statutory instrument amend a relevant provision so as to— (a) curtail the period for the time being…

Power to change duration of temporary provisions: Northern Ireland

(1) The Department may by regulations amend a relevant provision so as to— (a) curtail the period for the time being specified in that provision, or (b)…

Modified procedure for regulations of the Secretary of State

(1) During the period of six months beginning with the day on which this section comes into force, any relevant provision that may be made by the Secretary of…

Modified procedure for regulations of the Welsh Ministers

(1) During the period of six months beginning with the day on which this section comes into force, any relevant provision that may be made by the Welsh…

Modified procedure for regulations of the Scottish Ministers

(1) During the period of six months beginning with the day on which this section comes into force, any relevant provision that may be made by the Scottish…

Modified procedure for regulations of Northern Ireland departments

(1) During the period of six months beginning with the day on which this section comes into force, any relevant provision that may be made by a Northern…

Power to make consequential provision

(1) The Secretary of State or the Treasury may by regulations make provision that is consequential on this Act. (2) The power in subsection (1) may, in…

Extent

(1) An amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked. (2) The…

Commencement

(1) This Act comes into force on the day after that on which it is passed, subject to subsection (2). (2) Paragraph 51 of Schedule 3 comes into force on such…

Short title

This Act may be cited as the Corporate Insolvency and Governance Act 2020.

Sch. 3 para. 1

The Insolvency Act 1986 is amended as follows.

Sch. 3 para. 2

Omit section 1A (moratorium where directors propose voluntary arrangement).

Sch. 3 para. 3

In section 2 (procedure where nominee is not the liquidator or administrator), in subsection (1), omit from “and the directors” to the end.

Sch. 3 para. 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)…

Sch. 3 para. 5

(1) Section 4A (approval of voluntary arrangement) is amended as follows. (2) In subsection (2)(b), for “(4)” substitute “ (6) ”. (3) In subsection (5), for…

Sch. 3 para. 6

(1) Section 5 (effect of approval of voluntary arrangement) is amended as follows. (2) After subsection (3) insert— (3A) Where immediately before the voluntary…

Sch. 3 para. 7

(1) Section 7A (prosecution of delinquent officers of company) is amended as follows. (2) For subsection (1) substitute— (1) This section applies where the…

Sch. 3 para. 8

In section 7B (arrangements coming to an end prematurely) omit— (a) “or paragraph 36 of Schedule A1”; (b) “or, as the case may be, paragraph 37(2)(b)(i) of…

Sch. 3 para. 9

In section 115 (expenses of voluntary winding up), at the beginning insert “ After the payment of any liabilities to which section 174A applies, ”.

Sch. 3 para. 10

In section 122 (circumstances in which company may be wound up by the court), in subsection (1), omit paragraph (fa).

Sch. 3 para. 11

In section 124 (winding up by the court), omit subsection (3A).

Sch. 3 para. 12

In section 127 (avoidance of property dispositions etc), after subsection (2) insert— (3) This section has no effect in respect of anything done during a…

Sch. 3 para. 13

Before section 175 (and before the italic heading “Preferential debts” above that section) insert— Moratorium: order of priority of payment of debts Moratorium…

Sch. 3 para. 14

(1) Section 175 (preferential debts: general provision) is amended as follows. (2) In subsection (1), at the end insert after the payment of— (a) any…

Sch. 3 para. 15

(1) Section 233 (supplies of gas, water, electricity etc) is amended as follows. (2) In subsection (1)— (a) omit paragraph (ba); (b) in the words after…

Sch. 3 para. 16

In section 246ZD (power to assign certain causes of action), in subsection (2)— (a) after “under” insert “ or by virtue of ”; (b) before paragraph (a) insert—…

Sch. 3 para. 17

In section 246A (remote attendance at meetings), in subsection (10), before paragraph (a) insert— (za) the monitor in relation to a moratorium under Part A1, .

Sch. 3 para. 18

In section 246B (use of websites), in subsection (3), before paragraph (a) insert— (za) the monitor in relation to a moratorium under Part A1, .

Sch. 3 para. 19

In section 247 (meaning of “insolvency” etc), in subsection (1), after “includes” insert “ the coming into force of a moratorium for the company under Part A1…

Sch. 3 para. 20

In section 387 (“the relevant date” in relation to preferential debts), omit subsection (2A).

Sch. 3 para. 21

(1) Section 388 (meaning of “act as insolvency practitioner”) is amended as follows. (2) In subsection (1)(a), for “or administrative receiver” substitute “…

Sch. 3 para. 22

(1) Section 411 (company insolvency rules) is amended as follows. (2) In subsection (1), in the words after paragraph (b), for “Parts I” substitute “ Parts A1…

Sch. 3 para. 23

(1) Section 414 (fees orders) is amended as follows. (2) In subsection (1)(a), for “Parts I” substitute “ Parts A1 ”. (3) In subsection (8), for “Parts I”…

Sch. 3 para. 24

Before section 416 (monetary limits (companies winding up)) insert— Monetary limits (company moratorium) 415B (1) The Secretary of State may by regulations…

Sch. 3 para. 25

Omit section 417A (money sums: company moratorium).

Sch. 3 para. 26

In section 430 (provision introducing Schedule of punishments), after subsection (4) insert— (4A) In relation to an offence committed before section 154(1) of…

Sch. 3 para. 27

In section 431 (summary proceedings), in subsection (1), for “Parts I” substitute “ Parts A1 ”.

Sch. 3 para. 28

In section 432 (offences by bodies corporate), in subsection (4)— (a) after “sections” insert “ A19(5), A25(3), A26(4), A27(1), A28(5), A29(6), A30(2)…

Sch. 3 para. 29

In section 434 (Crown application), after “Insolvency Act 1985” insert “ and Part A1 ”.

Sch. 3 para. 30

Omit Schedule A1 (moratorium where directors propose voluntary arrangement).

Sch. 3 para. 31

(1) Schedule B1 (administration) is amended as follows. (2) Omit paragraph 24. (3) Before paragraph 65 (but after the italic heading “Distribution”) insert—…

Sch. 3 para. 32

(1) Schedule 8 (provision capable of inclusion in company insolvency rules) is amended as follows. (2) In paragraph 2, for “Parts I” substitute “ Parts A1 ”…

Sch. 3 para. 33

(1) Schedule 10 (punishment of offences under the Act) is amended as follows. (2) Omit the entries relating to Schedule A1. (3) At the appropriate place…

Sch. 3 para. 34

In Schedule 15A to the Building Societies Act 1986 (application of other companies insolvency legislation to building societies), in paragraph 1(2)(a), omit…

Sch. 3 para. 35

In regulation 19 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979) (administration orders, etc), omit paragraph…

Sch. 3 para. 36

In section 14 of the Limited Liability Partnerships Act 2000 (regulations to make provision about insolvency and winding up), in subsection (1)(a), for “Parts…

Sch. 3 para. 37

The provision that may be made under section 16(1) of the Limited Liability Partnerships Act 2000 (consequential amendments) includes provision in consequence…

Sch. 3 para. 38

In the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090), in Part 4 (winding up and insolvency), in regulation 5 (application of the Insolvency…

Sch. 3 para. 39

In Schedule 2 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. 2001/2188) (disclosure of…

Sch. 3 para. 40

In regulation 8 of the Financial Collateral Arrangements (No.2) Regulations 2003 (S.I. 2003/3226) (certain legislation restricting enforcement of security not…

Sch. 3 para. 41

In regulation 2 of the Insolvency Practitioners Regulations 2005 (S.I. 2005/524) (interpretation: general), in paragraph (2), before sub-paragraph (a) insert—…

Sch. 3 para. 42

In section 154 of the Banking Act 2009 (winding-up or voluntary arrangement), in subsection (3A)— (a) omit “and Schedule A1”; (b) for “9” substitute “ 8 ”.

Sch. 3 para. 43

The Charities Act 2011 is amended as follows.

Sch. 3 para. 44

(1) Section 245 is amended as follows. (2) After subsection (1), insert— (1A) Regulations under subsection (1)(b) may not apply Part A1 of the Insolvency Act…

Sch. 3 para. 45

After section 247 insert— Regulations about moratorium for certain CIOs 247A (1) The Welsh Ministers may by regulations made by statutory instrument provide…

Sch. 3 para. 46

The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245) are amended as follows.

Sch. 3 para. 47

In regulation 21 (dissolution or voluntary arrangement), in paragraph (5A)— (a) omit “and Schedule A1”; (b) for the first “9” substitute “ 8 ”.

Sch. 3 para. 48

In Schedule 2 (bank administration), in paragraph 16(3)(ba)— (a) omit “and Schedule A1”; (b) for the first “9” substitute “ 8 ”.

Sch. 3 para. 49

(1) Paragraph 1 of Schedule 1 to the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I 2012/3013) (application of the…

Sch. 3 para. 50

The Co-operative and Community Benefit Societies Act 2014 is amended as follows.

Sch. 3 para. 51

In section 106 (appointment of inspectors and calling of special meetings), omit subsection (2).

Sch. 3 para. 52

(1) Section 118 (power to apply provisions about company arrangements and administration) is amended as follows. (2) At the end of the heading insert “ etc ”…

Sch. 3 para. 53

In section 147 (regulations and orders), in subsection (3), for “97 or 118” substitute “ or 97, or an order under section 118, ”.

Sch. 3 para. 55

(1) Regulation 37 of the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. 2015/912) is amended as follows. (2) After…

Sch. 4 para. 1

In this Schedule “relevant period” means the period which— (a) begins with the day on which this Schedule comes into force, and (b) ends with 30 September 2021.

Sch. 4 para. 2

(1) The Secretary of State may by regulations made by statutory instrument provide for any provision made by Part 2 of this Schedule to cease to have effect…

Sch. 4 para. 3

Rules under section 411 of the Insolvency Act 1986 may provide for any provision made by paragraphs 13 to 51 or 53 to 90 to cease to have effect before the end…

Sch. 4 para. 4

Rules under section 411 of the Insolvency Act 1986 may make transitional provision or savings in connection with any provision made by paragraphs 13 to 51 or…

Sch. 4 para. 5

During the relevant period, a company is not eligible for the purposes of section A3, A4 or A5 of the Insolvency Act 1986 if the company— (a) has permission…

Sch. 4 para. 6

(1) For the purposes of obtaining a moratorium under section A3 of the Insolvency Act 1986 during the relevant period— (a) section A3 of that Act has effect as…

Sch. 4 para. 7

In relation to an application for a moratorium made under section A4 or A5 of the Insolvency Act 1986 during the relevant period— (a) section A6(1)(e) of that…

Sch. 4 para. 8

(1) This paragraph applies in relation to a moratorium that comes into force during the relevant period. (2) For the purposes of extending the moratorium under…

Sch. 4 para. 9

In relation to a moratorium that comes into force during the relevant period, section A35(1) of the Insolvency Act 1986 has effect as if for the words from “it…

Sch. 4 para. 10

In relation to a moratorium that comes into force during the relevant period, section A38(1) of the Insolvency Act 1986 has effect as if for paragraph (a)…

Sch. 4 para. 11

In the modifications made by this Part of this Schedule “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Sch. 4 para. 12

Paragraphs 13 to 51 cease to have effect at the end of the relevant period, subject to paragraph 3.

Sch. 4 para. 13

Section A54(1) of the Insolvency Act 1986 has effect as if for the definition of “the court” there were substituted— “the court”, in relation to a company…

Sch. 4 para. 14

A notice or statement under section A6(1), A8(2), A10(1), A11(1) or A13(2) of the Insolvency Act 1986 must state— (a) the provision under which it is given or…

Sch. 4 para. 15

(1) A notice or statement under section A6(1), A10(1), A11(1) or A13(2) of the Insolvency Act 1986 must be authenticated by or on behalf of the person giving…

Sch. 4 para. 16

A notice under section A6(1)(a) of the Insolvency Act 1986 must state— (a) the company's address for service, and (b) the court (and where applicable, the…

Sch. 4 para. 17

(1) A statement under section A6(1)(b) of the Insolvency Act 1986 must be headed “Proposed monitor's statement and consent to act” and must contain the…

Sch. 4 para. 18

Each statement under section A6(1)(b) to (e) of the Insolvency Act 1986 must be made within the period of 5 days ending with the day on which the documents…

Sch. 4 para. 19

A notice under section A8(2) of the Insolvency Act 1986 must— (a) state that it is given by the monitor acting in that capacity, and (b) state the name and…

Sch. 4 para. 20

A notice under section A10(1)(a) or A11(1)(a) of the Insolvency Act 1986 must state— (a) the company's address for service, and (b) the court (and where…

Sch. 4 para. 21

A statement by the monitor under section A10(1)(d) or A11(1)(d) of the Insolvency Act 1986 must contain contact details of the monitor.

Sch. 4 para. 22

Each statement under section A10(1)(b) to (d) or A11(1)(b) to (e) of the Insolvency Act 1986 must be made within the period of 3 days ending with the day on…

Sch. 4 para. 23

(1) The following apply, so far as relevant, for the purposes of a decision to consent to a revised end date for a moratorium under section A12 of the…

Sch. 4 para. 24

Rule 15.11 of the England and Wales Insolvency Rules (notice of decision procedures etc) has effect as if, before the first entry in the table, there were…

Sch. 4 para. 25

Rule 15.28 of the England and Wales Insolvency Rules (creditors' voting rights) has effect as if, before paragraph (1), there were inserted— (A1) A…

Sch. 4 para. 26

Rule 15.31 of the England and Wales Insolvency Rules (calculation of voting rights) has effect as if— (a) before paragraph (1) there were inserted— (A1) In…

Sch. 4 para. 27

Rule 15.32 of the England and Wales Insolvency Rules (calculation of voting rights: special cases) has effect as if, before paragraph (1), there were inserted—…

Sch. 4 para. 28

Rule 15.34 of the England and Wales Insolvency Rules (requisite majorities) has effect as if, before paragraph (1), there were inserted— (A1) Subject to…

Sch. 4 para. 29

(1) An application by the directors of a company for the extension of a moratorium under section A13 of the Insolvency Act 1986 must state— (a) that it is made…

Sch. 4 para. 30

A statement under section A13(2) must be made within the period of 3 days ending with the day on which the application under that section is made.

Sch. 4 para. 31

(1) A notice under section A17(1) of the Insolvency Act 1986 must be given within the period of 5 days beginning with the day on which the duty to give the…

Sch. 4 para. 32

(1) A notice under section A17(2) or (3) of the Insolvency Act 1986 must be given within the period of 5 days beginning with the day on which the duty to give…

Sch. 4 para. 33

Where a moratorium comes to an end under section A16 of the Insolvency Act 1986 because the company has entered into a relevant insolvency procedure within the…

Sch. 4 para. 34

(1) A notice under section A17(4) of the Insolvency Act 1986 must be given within the period of 3 business days beginning with the day on which the notice…

Sch. 4 para. 35

(1) A notice under section A24(1) of the Insolvency Act 1986 must be given before the period of 3 days ending with the day on which the step mentioned there is…

Sch. 4 para. 36

(1) A notice under section A38(1) of the Insolvency Act 1986 must be filed with the court as soon as practicable after the duty in that subsection arises. (2)…

Sch. 4 para. 37

For the purposes of deciding whether to bring a moratorium to an end under section A38(1)(d) of the Insolvency Act 1986 the monitor must disregard— (a) any…

Sch. 4 para. 38

(1) A statement under section A39(4) of the Insolvency Act 1986 must be headed “Proposed monitor's statement and consent to act” and must contain the…

Sch. 4 para. 39

(1) A notice under section A39(8) of the Insolvency Act 1986 must state— (a) the provision under which it is given, (b) the nature of the notice, (c) the date…

Sch. 4 para. 40

(1) An administrator or liquidator of a company may apply to the court on the ground that remuneration charged by the monitor in relation to a prior moratorium…

Sch. 4 para. 41

Where the court makes an order by virtue of section A44(4)(c) of the Insolvency Act 1986 requiring a decision of a company's creditors, the following…

Sch. 4 para. 42

(1) Where section 174A of the Insolvency Act 1986 applies, the moratorium debts and pre-moratorium debts mentioned in subsection (2)(b) of that section are…

Sch. 4 para. 43

(1) Where paragraph 64A(1) of Schedule B1 to the Insolvency Act 1986 applies, the moratorium debts and pre-moratorium debts mentioned in paragraph 64A(2) of…

Sch. 4 para. 44

Rule 1.4 of the England and Wales Insolvency Rules (requirement for writing and form of documents) applies for the purposes of Part A1 of the Insolvency Act…

Sch. 4 para. 45

(1) The following provisions of the England and Wales Insolvency Rules apply, so far as relevant, to any requirement imposed by a provision of this Part of…

Sch. 4 para. 46

The following provisions of Chapter 9 of Part 1 of the England and Wales Insolvency Rules apply for the purposes of proceedings under Part A1 of the Insolvency…

Sch. 4 para. 47

(1) The provisions of the England and Wales Insolvency Rules specified in the Table apply, so far as relevant, for the purposes of proceedings under— (a) Part…

Sch. 4 para. 48

(1) Where a provision of this Part of this Schedule requires a document to contain identification details for a company that is registered under the Companies…

Sch. 4 para. 49

Where a provision of this Part of this Schedule requires a document to contain contact details of a monitor or other office-holder, the following information…

Sch. 4 para. 50

In this Part of this Schedule “the England and Wales Insolvency Rules” means the Insolvency (England and Wales) Rules 2016.

Sch. 4 para. 51

Expressions used in this Part of this Schedule are to be construed as if this Part of this Schedule were contained in Part A1 of the Insolvency Act 1986.

Sch. 4 para. 52

Paragraphs 53 to 90 cease to have effect at the end of the relevant period, subject to paragraph 3.

Sch. 4 para. 53

Section A54(1) of the Insolvency Act 1986 has effect as if for the definition of “the court” there were substituted— “the court”, in relation to a company…

Sch. 4 para. 54

A notice or statement under section A6(1), A8(2), A10(1), A11(1) or A13(2) of the Insolvency Act 1986 must state— (a) the provision under which it is given or…

Sch. 4 para. 55

(1) A notice or statement under section A6(1), A10(1), A11(1) or A13(2) of the Insolvency Act 1986 must be authenticated by or on behalf of the person giving…

Sch. 4 para. 56

A notice under section A6(1)(a) of the Insolvency Act 1986 must state— (a) the company's address for service, and (b) the court in which the documents are to…

Sch. 4 para. 57

(1) A statement under section A6(1)(b) of the Insolvency Act 1986 must be headed “Proposed monitor's statement and consent to act” and must contain the…

Sch. 4 para. 58

Each statement under section A6(1)(b) to (e) of the Insolvency Act 1986 must be made within the period of 5 days ending with the day on which the documents…

Sch. 4 para. 59

A notice under section A8(2) of the Insolvency Act 1986 must— (a) state that it is given by the monitor acting in that capacity, and (b) state the name and…

Sch. 4 para. 60

A notice under section A10(1)(a) or A11(1)(a) of the Insolvency Act 1986 must state— (a) the company's address for service, (b) the court in which the notice…

Sch. 4 para. 61

A statement by the monitor under section A10(1)(d) or A11(1)(d) of the Insolvency Act 1986 must contain contact details of the monitor.

Sch. 4 para. 62

Each statement under section A10(1)(b) to (d) or A11(1)(b) to (e) of the Insolvency Act 1986 must be made within the period of 3 days ending with the day on…

Sch. 4 para. 63

(1) The following apply, so far as relevant, for the purposes of a decision to consent to a revised end date for a moratorium under section A12 of the…

Sch. 4 para. 64

Rule 5.11 of the Scottish Insolvency Rules (notice of decision procedures etc) has effect as if, before the first entry in the table, there were inserted—…

Sch. 4 para. 65

Rule 5.26 of the Scottish Insolvency Rules (creditors' voting rights) has effect as if, before paragraph (1), there were inserted— (A1) A pre-moratorium…

Sch. 4 para. 66

Rule 5.28 of the Scottish Insolvency Rules (calculation of voting rights) has effect as if— (a) before paragraph (1) there were inserted— (A1) In relation to a…

Sch. 4 para. 67

Rule 5.29 of the Scottish Insolvency Rules (calculation of voting rights: hire-purchase agreements) has effect as if, before paragraph (1), there were…

Sch. 4 para. 68

Rule 5.31 of the Scottish Insolvency Rules (requisite majorities) has effect as if, before paragraph (1), there were inserted— (A1) Subject to paragraph (B1)…

Sch. 4 para. 69

(1) An application by the directors of a company for the extension of a moratorium under section A13 of the Insolvency Act 1986 must state— (a) that it is made…

Sch. 4 para. 70

A statement under section A13(2) must be made within the period of 3 days ending with the day on which the application under that section is made.

Sch. 4 para. 71

(1) A notice under section A17(1) of the Insolvency Act 1986 must be given within the period of 5 days beginning with the day on which the duty to give the…

Sch. 4 para. 72

(1) A notice under section A17(2) or (3) of the Insolvency Act 1986 must be given within the period of 5 days beginning with the day on which the duty to give…

Sch. 4 para. 73

Where a moratorium comes to an end under section A16 of the Insolvency Act 1986 because the company has entered into a relevant insolvency procedure within the…

Sch. 4 para. 74

(1) A notice under section A17(4) of the Insolvency Act 1986 must be given within the period of 3 business days beginning with the day on which the notice…

Sch. 4 para. 75

(1) A notice under section A24(1) of the Insolvency Act 1986 must be given before the period of 3 days ending with the day on which the step mentioned there is…

Sch. 4 para. 76

(1) A notice under section A38(1) of the Insolvency Act 1986 must be lodged in the court as soon as practicable after the duty in that subsection arises. (2)…

Sch. 4 para. 77

For the purposes of deciding whether to bring a moratorium to an end under section A38(1)(d) of the Insolvency Act 1986 the monitor must disregard— (a) any…

Sch. 4 para. 78

(1) A statement under section A39(4) of the Insolvency Act 1986 must be headed “Proposed monitor's statement and consent to act” and must contain the…

Sch. 4 para. 79

(1) A notice under section A39(8) of the Insolvency Act 1986 must state— (a) the provision under which it is given, (b) the nature of the notice, (c) the date…

Sch. 4 para. 80

(1) An administrator or liquidator of a company may apply to the court on the ground that remuneration charged by the monitor in relation to a prior moratorium…

Sch. 4 para. 81

Where the court makes an order by virtue of section A44(4)(c) of the Insolvency Act 1986 requiring a decision of a company's creditors, the following…

Sch. 4 para. 82

(1) Where section 174A of the Insolvency Act 1986 applies, the moratorium debts and pre-moratorium debts mentioned in subsection (2)(b) of that section are…

Sch. 4 para. 83

(1) Where paragraph 64A(1) of Schedule B1 to the Insolvency Act 1986 applies, the moratorium debts and pre-moratorium debts mentioned in paragraph 64A(2) of…

Sch. 4 para. 84

Rule 1.5 of the Scottish Insolvency Rules (requirement for writing and form of documents) applies for the purposes of Part A1 of the Insolvency Act 1986.

Sch. 4 para. 85

(1) The following provisions of the Scottish Insolvency Rules apply, so far as relevant, to any requirement imposed by a provision of this Part of this…

Sch. 4 para. 86

The following provisions of Chapter 9 of Part 1 of the Scottish Insolvency Rules apply for the purposes of proceedings under Part A1 of the Insolvency Act 1986…

Sch. 4 para. 87

(1) Where a provision of this Part of this Schedule requires a document to contain identification details for a company that is registered under the Companies…

Sch. 4 para. 88

Where a provision of this Part of this Schedule requires a document to contain contact details of a monitor or other office-holder, the following information…

Sch. 4 para. 89

In this Part of this Schedule “the Scottish Insolvency Rules” means the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018…

Sch. 4 para. 90

Expressions used in this Part of this Schedule are to be construed as if this Part of this Schedule were contained in Part A1 of the Insolvency Act 1986.

Sch. 4 para. 91

Regulations under section 14(1) of the Limited Liability Partnership Act 2000 may make provision applying or incorporating provision made by or under this…

Sch. 4 para. 92

An order or regulations under section 118(1)(a), (3B) or (3C) of the Co-operative and Community Benefit Societies Act 2014 may provide for provision made by or…

Sch. 7 para. 1

The Insolvency (Northern Ireland) Order 1989 is amended as follows.

Sch. 7 para. 2

In each of the following places, for “Parts II to VII” substitute “ Parts 1A to 7 ” the heading before Article 5; Article 5(1); Article 6(1) and (2); Article…

Sch. 7 para. 3

In Article 2(2), in the definition of “regulations”— (a) after “(except in” insert “ Part 1A, Article 148A(6), ”; (b) omit “and paragraph 16 of Schedule A1”.

Sch. 7 para. 4

(1) Article 3 (meaning of “act as insolvency practitioner”) is amended as follows. (2) In paragraph (1)(a), for “or administrative receiver” substitute “…

Sch. 7 para. 5

In Article 6 (meaning of “insolvency” etc), in paragraph (1), after “includes” insert “ the coming into force of a moratorium for the company under Part 1A, ”.

Sch. 7 para. 6

Omit Article 14A (moratorium where directors propose voluntary arrangement).

Sch. 7 para. 7

In Article 15 (procedure where nominee is not the liquidator or administrator), in paragraph (1), omit from “and the directors” to the end.

Sch. 7 para. 8

(1) Article 17 (decision of the company and its creditors in relation to voluntary arrangement) is amended as follows. (2) After paragraph (4) insert— (4A)…

Sch. 7 para. 9

(1) Article 17A (approval of voluntary arrangement) is amended as follows. (2) In paragraph (2)(b), for “(4)” substitute “ (6) ”. (3) In paragraph (5)— (a) for…

Sch. 7 para. 10

(1) Article 18 (effect of approval of voluntary arrangement) is amended as follows. (2) In paragraph (3), for “paragraph (4)” substitute “ paragraphs (3A) and…

Sch. 7 para. 11

(1) Article 20A (prosecution of delinquent officers of company) is amended as follows. (2) For paragraph (1) substitute— (1) This Article applies where the…

Sch. 7 para. 12

In Article 20B (arrangements coming to an end prematurely) omit— (a) “or paragraph 46 of Schedule A1”; (b) “or, as the case may be, paragraph 47(2)(b)(i) of…

Sch. 7 para. 13

In Article 100 (expenses of voluntary winding up), at the beginning insert “ After the payment of any liabilities to which Article 148A applies, ”.

Sch. 7 para. 14

In Article 102 (circumstances in which company may be wound up by the High Court), omit sub-paragraph (fa).

Sch. 7 para. 15

In Article 104 (application for winding up by the High Court), omit paragraph (4A).

Sch. 7 para. 16

In Article 107 (avoidance of property dispositions etc), after paragraph (2) insert— (3) This Article has no effect in respect of anything done during a…

Sch. 7 para. 17

Before Article 149 (and before the italic heading “Preferential debts” above that Article) insert— Moratorium: order of priority of payment of debts Moratorium…

Sch. 7 para. 18

(1) Article 149 (preferential debts: general provision) is amended as follows. (2) In paragraph (1), at the end insert “after the payment of— (a) any…

Sch. 7 para. 19

(1) Article 197 (supplies of water, electricity, etc) is amended as follows. (2) In paragraph (1)— (a) omit sub-paragraph (ba) (including the “or” at the end)…

Sch. 7 para. 20

In Article 208ZA (remote attendance at meetings), as inserted by section 1(1) of the Insolvency (Amendment) Act (Northern Ireland) 2016, in paragraph (9)…

Sch. 7 para. 21

In Article 208ZB (use of websites), as inserted by section 1(1) of the Insolvency (Amendment) Act (Northern Ireland) 2016, in paragraph (2), before…

Sch. 7 para. 22

In Article 347 (“the relevant date” in relation to preferential debts), omit paragraph (2A).

Sch. 7 para. 23

(1) Article 362 (monetary limits) is amended as follows. (2) In paragraph (1), before sub-paragraph (a) insert— (za) increase or reduce any of the money sums…

Sch. 7 para. 24

In Article 373 (offences: disapplication of section 20(2) of the 1954 Act), in paragraph (4), after “Articles” insert “ 13DA(5), 13DG(3), 13DH(4), 13DI(1)…

Sch. 7 para. 25

In Article 383(a), for “Parts 2 to 7” substitute “ Parts 1A to 7 ”.

Sch. 7 para. 26

Omit Schedule A1 (moratorium where directors propose voluntary arrangement).

Sch. 7 para. 27

(1) Schedule B1 (administration) is amended as follows. (2) Omit paragraph 25. (3) Before paragraph 66 (but after the italic heading “Distribution”) insert—…

Sch. 7 para. 28 Prospective

(1) Schedule 5 (provision capable of inclusion in company insolvency rules) is amended as follows. (2) In paragraph 8, after “is,” insert “ the monitor in…

Sch. 7 para. 29

(1) Schedule 7 (punishment of offences under the Order) is amended as follows. (2) Omit the entries relating to Schedule A1. (3) At the appropriate place…

Sch. 7 para. 30

In Schedule 15A to the Building Societies Act 1986 (application of other companies insolvency legislation to building societies), in paragraph 1(2)(b), omit…

Sch. 7 para. 31

In section 14 of the Limited Liability Partnerships Act 2000 (regulations to make provision about insolvency and winding up), in subsection (1)(b), for “Parts…

Sch. 7 para. 32

In Schedule 2 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. 2001/2188) (disclosure of…

Sch. 7 para. 33

In regulation 2 of the Insolvency Practitioners Regulations (Northern Ireland) 2006 (S.R. (N. I.) 2006/33) (interpretation: general), in paragraph (2), before…

Sch. 7 para. 34

(1) The Insolvency (Northern Ireland) Order 2002 is amended as follows. (2) In Schedule 1, omit— (a) paragraphs 2 to 5, 7 and 8; (b) paragraph 9(2)(a) and (c)…

Sch. 7 para. 35

The Insolvency (Northern Ireland) Order 2005 is amended as follows.

Sch. 7 para. 36

(1) Article 10 is amended as follows. (2) At the end of the heading insert “ etc ”. (3) In paragraph (2)— (a) after “by order provide for” insert — (i) Part 1A…

Sch. 7 para. 37

Omit Article 11.

Sch. 7 para. 38

In Schedule 2, omit paragraph 45.

Sch. 7 para. 39

In Schedule 3 to the Insolvency (Amendment) Act (Northern Ireland) 2016 omit paragraph 17.

Sch. 8 para. 1

In this Schedule “relevant period” means the period which— (a) begins with the day on which this Schedule comes into force, and (b) ends with 30 March 2022.

Sch. 8 para. 2

(1) The Department for the Economy in Northern Ireland may by regulations provide for any provision made by Part 2 of this Schedule to cease to have effect…

Sch. 8 para. 3

Rules under Article 359 of the Insolvency (Northern Ireland) Order 1989 may provide for any provision made by paragraphs 13 to 54 to cease to have effect…

Sch. 8 para. 4

Rules under Article 359 of the Insolvency (Northern Ireland) Order 1989 may make transitional provision or savings in connection with any provision made by…

Sch. 8 para. 5

During the relevant period, a company is not eligible for the purposes of Article 13B, 13BA or 13BB of the Insolvency (Northern Ireland) Order 1989 if the…

Sch. 8 para. 6

(1) For the purposes of obtaining a moratorium under Article 13B of the Insolvency (Northern Ireland) Order 1989 during the relevant period— (a) Article 13B of…

Sch. 8 para. 7

In relation to an application for a moratorium made under Article 13BA or 13BB of the Insolvency (Northern Ireland) Order 1989 during the relevant period— (a)…

Sch. 8 para. 8

(1) This paragraph applies in relation to a moratorium that comes into force during the relevant period. (2) For the purposes of extending the moratorium under…

Sch. 8 para. 9

In relation to a moratorium that comes into force during the relevant period, Article 13EA(1) of the Insolvency (Northern Ireland) Order 1989 has effect as if…

Sch. 8 para. 10

In relation to a moratorium that comes into force during the relevant period, Article 13ED(1) of the Insolvency (Northern Ireland) Order 1989 has effect as if…

Sch. 8 para. 11

In the modifications made by this Part of this Schedule “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Sch. 8 para. 12

Paragraphs 13 to 54 cease to have effect at the end of the relevant period, subject to paragraph 3.

Sch. 8 para. 13

A notice or statement under Article 13BC(1), 13BE(2), 13CA(1), 13CB(1) or 13CD(2) of the Insolvency (Northern Ireland) Order 1989 must state— (a) the provision…

Sch. 8 para. 14

(1) A notice or statement under Article 13BC(1), 13CA(1), 13CB(1) or 13CD(2) of the Insolvency (Northern Ireland) Order 1989 must be authenticated by or on…

Sch. 8 para. 15

A notice under Article 13BC(1)(a) of the Insolvency (Northern Ireland) Order 1989 must state the company's address for service.

Sch. 8 para. 16

(1) A statement under Article 13BC(1)(b) of the Insolvency (Northern Ireland) Order 1989 must be headed “Proposed monitor's statement and consent to act” and…

Sch. 8 para. 17

Each statement under Article 13BC(1)(b) to (e) of the Insolvency (Northern Ireland) Order 1989 must be made within the period of 5 days ending with the day on…

Sch. 8 para. 18

A notice under Article 13BE(2) of the Insolvency (Northern Ireland) Order 1989 must— (a) state that it is given by the monitor acting in that capacity, and (b)…

Sch. 8 para. 19

A notice under Article 13CA(1)(a) or 13CB(1)(a) of the Insolvency (Northern Ireland) Order 1989 must state the company's address for service.

Sch. 8 para. 20

A statement by the monitor under Article 13CA(1)(d) or 13CB(1)(d) of the Insolvency (Northern Ireland) Order 1989 must contain contact details of the monitor.

Sch. 8 para. 21

Each statement under Article 13CA(1)(b) to (d) or 13CB(1)(b) to (e) of the Insolvency (Northern Ireland) Order 1989 must be made within the period of 3 days…

Sch. 8 para. 22

If a meeting under Article 13CC(2) of the Insolvency (Northern Ireland) Order 1989 is held during the relevant period (within the meaning given by paragraph…

Sch. 8 para. 23

(1) In their application for the purposes of a decision by pre-moratorium creditors to consent to a revised end date for a moratorium under Article 13CC of the…

Sch. 8 para. 24

Rule 4.061 has effect as if for paragraphs (1) to (6) there were substituted— (1) For the purposes of Rules 4.061 to 4.077 the directors summoning a meeting of…

Sch. 8 para. 25

Rule 4.062 has effect as if for paragraphs (2) to (5) there were substituted— (2) The convener must nominate a person to act as chairman.

Sch. 8 para. 26

Rule 4.065 has effect as if, in paragraph (2), for “21 days” there were substituted “ 5 days ”.

Sch. 8 para. 27

Rule 4.068 has effect as if for it there were substituted— 4.068. The expenses of summoning and holding a meeting of pre-moratorium creditors at the instance…

Sch. 8 para. 28

Rule 4.070 has effect as if for it (and its heading) there were substituted— Requisite majorities 4.070. (1) A decision to consent to a revised end date for a…

Sch. 8 para. 29

Rule 4.073 has effect as if— (a) after paragraph (3) there were inserted— (3A) Votes are calculated according to the amount of each pre-moratorium creditor's…

Sch. 8 para. 30

Rule 4.077 has effect as if— (a) in paragraph (1) for “liquidation” there were substituted “ moratorium ”; (b) paragraph (4) were omitted.

Sch. 8 para. 31

(1) An application by the directors of a company for the extension of a moratorium under Article 13CD of the Insolvency (Northern Ireland) Order 1989 must…

Sch. 8 para. 32

A statement under Article 13CD(2) must be made within the period of 3 days ending with the day on which the application under that Article is made.

Sch. 8 para. 33

(1) A notice under Article 13CH(1) of the Insolvency (Northern Ireland) Order 1989 must be given within the period of 5 days beginning with the day on which…

Sch. 8 para. 34

(1) A notice under Article 13CH(2) or (3) of the Insolvency (Northern Ireland) Order 1989 must be given within the period of 5 days beginning with the day on…

Sch. 8 para. 35

Where a moratorium comes to an end under Article 13CG of the Insolvency (Northern Ireland) Order 1989 because the company has entered into a relevant…

Sch. 8 para. 36

(1) A notice under Article 13CH(4) of the Insolvency (Northern Ireland) Order 1989 must be given within the period of 3 business days beginning with the day on…

Sch. 8 para. 37

(1) A notice under Article 13DF(1) of the Insolvency (Northern Ireland) Order 1989 must be given before the period of 3 days ending with the day on which the…

Sch. 8 para. 38

(1) A notice under Article 13ED(1) of the Insolvency (Northern Ireland) Order 1989 must be filed with the High Court as soon as practicable after the duty in…

Sch. 8 para. 39

For the purposes of deciding whether to bring a moratorium to an end under Article 13ED(1)(d) of the Insolvency (Northern Ireland) Order 1989 the monitor must…

Sch. 8 para. 40

(1) A statement under Article 13EE(4) of the Insolvency (Northern Ireland) Order 1989 must be headed “Proposed monitor's statement and consent to act” and must…

Sch. 8 para. 41 Prospective

(1) A notice under Article 13EE(8) of the Insolvency (Northern Ireland) Order 1989 must state— (a) the provision under which it is given, (b) the nature of the…

Sch. 8 para. 42

(1) An administrator or liquidator of a company may apply to the High Court on the ground that remuneration charged by the monitor in relation to a prior…

Sch. 8 para. 43

Where the High Court makes an order by virtue of Article 13FB(4)(c) of the Insolvency (Northern Ireland) Order 1989 requiring the summoning of a meeting of a…

Sch. 8 para. 44

(1) Where Article 148A of the Insolvency (Northern Ireland) Order 1989 applies, the moratorium debts and pre-moratorium debts mentioned in paragraph (2)(b) of…

Sch. 8 para. 45

(1) Where paragraph 65A(1) of Schedule B1 to the Insolvency (Northern Ireland) Order 1989 applies, the moratorium debts and pre-moratorium debts mentioned in…

Sch. 8 para. 46

(1) Rule 12.04 of the Insolvency Rules applies to applications and statements referred to in Part 1A of the Insolvency (Northern Ireland) Order 1989 as it…

Sch. 8 para. 47

(1) This paragraph applies where a provision of this Part of this Schedule sets out requirements as to the contents of a document. (2) Any title required by…

Sch. 8 para. 48

Where a provision of this Part of this Schedule sets out the required contents of a document, the document may depart from the required contents if— (a) the…

Sch. 8 para. 49 Prospective

(1) This paragraph sets out how an application, notice or statement is to be authenticated for the purposes of this Part of this Schedule. (2) An application…

Sch. 8 para. 50

(1) For the purposes of proceedings under Part 1A of the Insolvency (Northern Ireland) Order 1989 and proceedings under this Part of this Schedule the…

Sch. 8 para. 51

(1) Where a provision of this Part of this Schedule requires a document to contain identification details for a company that is registered under the Companies…

Sch. 8 para. 52

Where a provision of this Part of this Schedule requires a document to contain contact details of a monitor or other office-holder, the following information…

Sch. 8 para. 53

In this Part of this Schedule “the Insolvency Rules” means the Insolvency Rules (Northern Ireland) 1991 (S.R. (N.I.) 1991/364).

Sch. 8 para. 54

Expressions used in this Part of this Schedule are to be construed as if this Part of this Schedule were contained in Part 1A of the Insolvency (Northern…

Sch. 8 para. 55

Regulations under section 14(1) of the Limited Liability Partnership Act 2000 may make provision applying or incorporating provision made by or under this…

Sch. 8 para. 56

An order under Article 10(2) of the Insolvency (Northern Ireland) Order 2005 may provide for provision made by or under this Schedule to apply (with or without…

Sch. 9 para. 1

In the Companies Act 2006, after Part 26 insert— PART 26A Arrangements and reconstructions: companies in financial difficulty Application of this Part…

Sch. 9 para. 2

The Finance Act 1986 is amended as follows.

Sch. 9 para. 3

In section 80D (repurchases and stock lending: replacement stock on insolvency), in subsection (9)(f), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 4

In section 89AB (stamp duty reserve tax: exception for repurchases and stock lending in case of insolvency), in subsection (9)(f), after “Part 26” insert “ or…

Sch. 9 para. 5

The Insolvency Act 1986 is amended as follows.

Sch. 9 para. 6

(1) In Part 4 (winding up of companies registered under the Companies Acts), Chapter 8 (provisions of general application in winding up) is amended as follows…

Sch. 9 para. 7

(1) Schedule B1 (administration) is amended as follows. (2) In paragraph 49 (administrator's proposals), in sub-paragraph (3)(b), after “Part 26” insert “ or…

Sch. 9 para. 8

The Insolvency (Northern Ireland) Order 1989 is amended as follows.

Sch. 9 para. 9

In Article 150A (share of assets for unsecured creditors), in paragraph (4)(b), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 10

(1) Schedule B1 (administration) is amended as follows. (2) In paragraph 50 (administrator's proposals), in sub-paragraph (3)(b), after “Part 26” insert “ or…

Sch. 9 para. 11

In section 23 of the Water Industry Act 1991 (meaning and effect of special administration order), in subsection (2D)(b), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 12

The Taxation of Chargeable Gains Act 1992 is amended as follows.

Sch. 9 para. 13

In section 263CA (stock lending: insolvency etc of borrower), in subsection (9)(f), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 14

In Schedule 5AA (meaning of “scheme of reconstruction” for purposes of section 136), in paragraph 5(a)(i), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 15

In section 26AA of the Value Added Tax Act 1994 (disapplication of disallowance under section 26A in insolvency), in subsection (8), after paragraph (k)…

Sch. 9 para. 16

(1) In Part 2 of Schedule 1 to the Housing Act 1996 (registered social landlords: constitution, change of rules, amalgamation and dissolution), paragraph 13…

Sch. 9 para. 17

The Financial Services and Markets Act 2000 is amended as follows.

Sch. 9 para. 18

In section 105 (insurance business transfer schemes), in subsection (5), for “Part 26 of that Act” substitute “ Part 26 or 26A of that Act, as the case may be…

Sch. 9 para. 19

In Schedule 17A (further provision in relation to exercise of Part 18 functions by Bank of England), in paragraph 24 (insolvency)— (a) in sub-paragraph (1)…

Sch. 9 para. 20

(1) Part 24 (insolvency) is amended as follows. (2) After section 355 insert— Arrangements and reconstructions: companies in financial difficulty Powers of FCA…

Sch. 9 para. 21

In section 17 of the Limited Liability Partnerships Act 2000, in subsection (5)(b) (procedure for regulations applying provisions of Companies Act 2006)— (a)…

Sch. 9 para. 22

In section 255 of the Enterprise Act 2002 (application of law about company arrangement or administration to non-company), in subsection (2), omit the “and”…

Sch. 9 para. 23

The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

Sch. 9 para. 24

(1) Schedule 3 (SAYE option schemes) is amended as follows. (2) In Part 6 (requirements etc relating to share options), in paragraph 37 (exercise of options…

Sch. 9 para. 25

(1) Schedule 4 (CSOP schemes) is amended as follows. (2) In Part 5 (requirements etc relating to share options), in paragraph 25A (exercise of options: company…

Sch. 9 para. 26

In Schedule 5 (enterprise management incentives), in paragraph 39 (company reorganisations), in sub-paragraph (2)(b), after “section 899” insert “ or 901F ”.

Sch. 9 para. 27

In Part 2 of Schedule 20 to the Energy Act 2004 (conduct of energy administration: modifications of Schedule B1 to the Insolvency Act 1986), in paragraph…

Sch. 9 para. 28

In Part 2 of the Income Tax (Trading and Other Income) Act 2005 (trading income), in section 259 (meaning of “statutory insolvency arrangement”), in paragraph…

Sch. 9 para. 29

In Article 10 of the Insolvency (Northern Ireland) Order 2005 (application of law about company arrangement or administration to non-company), in paragraph…

Sch. 9 para. 30

The Companies Act 2006 is amended as follows.

Sch. 9 para. 31

In section 32(1) (constitutional documents to be provided to members), after paragraph (d) insert— (da) a copy of any court order under section 901F (order…

Sch. 9 para. 32

In section 93 (recent allotment of shares for non-cash consideration), in subsection (7)(b)(i), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 33

(1) Part 17 (a company's share capital) is amended as follows. (2) In section 549 (exercise by directors of powers to allot shares etc), after subsection (3)…

Sch. 9 para. 34

In section 681 (unconditional exceptions to prohibition against financial assistance), in subsection (2)(e), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 35

(1) Part 26 (arrangements and reconstructions) is amended as follows. (2) The heading becomes “ Arrangements and reconstructions: general ”. (3) In section…

Sch. 9 para. 36

(1) Part 27 (mergers and divisions of public companies) is amended as follows. (2) In section 903 (relationship of Part 27 to Part 26)— (a) in the heading, for…

Sch. 9 para. 37

(1) In Part 31 (dissolution and restoration to the register), Chapter 1 (striking off) is amended as follows. (2) In section 1005 (circumstances in which…

Sch. 9 para. 38

In section 1078 (documents subject to disclosure requirements), in subsection (3), for “section 899 or 900” substitute “ section 899, 900, 901F or 901J ”.

Sch. 9 para. 39

(1) Schedule 8 (index of defined expressions) is amended as follows. (2) In the entry for “arrangement”, after the entry for Part 26 insert— —in Part 26A…

Sch. 9 para. 40

In Part 2 of the Housing and Regeneration Act 2008 (regulation of social housing), in section 160 (company: arrangements and reconstructions), at the end…

Sch. 9 para. 41

In section 1319 of the Corporation Tax Act 2009 (other definitions), in paragraph (b) of the definition of “statutory insolvency arrangement”, after “Part 26”…

Sch. 9 para. 42

The Corporation Tax Act 2010 is amended as follows.

Sch. 9 para. 43

(1) Part 7ZA (restrictions on obtaining certain deductions) is amended as follows. (2) In section 269ZH (meaning of “insolvency procedures”), in subsection…

Sch. 9 para. 44

In Part 14 (change in company ownership), in section 724A (disregard of change in parent company), in subsection (7)(a), after “Part 26” insert “ or 26A ”.

Sch. 9 para. 45

In section 6 of the Third Parties (Rights against Insurers) Act 2010 (corporate bodies etc), in subsection (1), after “section 899” insert “ or 901F ”.

Sch. 9 para. 46

Part 8 of the Housing (Scotland) Act 2010 (registered social landlords: organisational change etc) is amended as follows.

Sch. 9 para. 47

(1) Section 100A (restructuring by company: proposed restructuring) is amended as follows. (2) In subsection (1)— (a) for “This section applies” substitute “…

Sch. 9 para. 48

(1) Section 101 (restructuring of company) is amended as follows. (2) After subsection (1) insert— (1A) This section also applies where— (a) a court order is…

Sch. 9 para. 49

(1) Part 6 of the Financial Services (Banking Reform) Act 2013 (special administration for operators of certain infrastructure systems) is amended as follows…

Sch. 9 para. 50

In section 118 of the Co-operative and Community Benefit Societies Act 2014 (power to apply provisions about company arrangements and administration in…

Sch. 9 para. 51

In section 2 of the Mutuals' Deferred Shares Act 2015 (restriction on voting rights), in subsection (2)(b), after “section 896” insert “ or 901C ”.

Sch. 10 para. 1

(1) During the relevant period a creditor may not present a petition for the winding up of a company under section 124 of the 1986 Act on the ground specified—…

Sch. 10 para. 2

(1) This paragraph applies in relation to a petition which is presented in England and Wales by a creditor under section 124 of the 1986 Act during the…

Sch. 10 para. 3

(1) This paragraph applies in relation to a petition which is presented in Scotland by a creditor under section 124 of the 1986 Act during the relevant period…

Sch. 10 para. 4

(1) In this Schedule “relevant period” means the period which— (a) begins with 1 October 2021, and (b) ends with 31 March 2022. (2) For the purposes of this…

Sch. 10 para. 5

(1) The provisions of this Schedule, so far as relating to registered companies, have effect as if they were included in Part 4 of the 1986 Act. (2)…

Sch. 11 para. 1

(1) During the relevant period a creditor may not present a petition for the winding up of a company under Article 104 of the 1989 Order on a ground specified—…

Sch. 11 para. 2

(1) This paragraph applies in relation to a petition which is presented by a creditor under Article 104 of the 1989 Order during the relevant period. (2)…

Sch. 11 para. 3

(1) In this Schedule “relevant period” means the period which— (a) begins with 1 October 2021, and (b) ends with 31 March 2022. (2) For the purposes of this…

Sch. 11 para. 4

(1) The provisions of this Schedule, so far as relating to registered companies, have effect as if they were included in Part 5 of the 1989 Order. (2)…

Sch. 12 para. 1

In the Insolvency Act 1986, after Schedule 4 insert— SCHEDULE 4ZZA Protection of supplies under section 233B: exclusions Section 233B PART 1 Essential supplies…

Sch. 12 para. 2

In Schedule 15 to the Building Societies Act 1986 (application of companies winding up legislation to building societies), after paragraph 32 insert—…

Sch. 12 para. 3

In Schedule 15A to the Building Societies Act 1986 (application of other companies insolvency legislation to building societies), after paragraph 27F insert—…

Sch. 12 para. 4

In Schedule 10 to the Friendly Societies Act 1992 (application of companies winding up legislation to friendly societies), after paragraph 35 insert—…

Sch. 12 para. 5

In the Insolvent Partnerships Order 1994 (S.I. 1994/2421), in article 4(3)(a), for “section 233 and section 233A” substitute “ sections 233, 233A and 233B and…

Sch. 12 para. 6

In Schedule 4 to the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) (disapplications for Scotland), after the entry relating to section 233A…

Sch. 12 para. 7

In Schedule 2 to the Limited Liability Partnerships (Scotland) Regulations 2001 (S.S.I. 2001/128), after the entry relating to section 233A insert— “ Section…

Sch. 12 para. 8

In Schedule 3 to the Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I…

Sch. 13 para. 1

After Schedule 2 to the Insolvency (Northern Ireland) Order 1989 insert— SCHEDULE 2ZZA Protection of supplies under Article 197B: exclusions Article 197B PART…

Sch. 13 para. 2

In Schedule 15 to the Building Societies Act 1986 (application of companies winding up legislation to building societies), after paragraph 55D insert—…

Sch. 13 para. 3

In Schedule 15A to the Building Societies Act 1986 (application of other companies insolvency legislation to building societies), after paragraph 52 insert—…

Sch. 13 para. 4

In Schedule 10 to the Friendly Societies Act 1992 (application of companies winding up legislation to friendly societies), after paragraph 65 insert—…

Sch. 13 para. 5

In the Insolvent Partnerships Order (Northern Ireland) 1995 (S.R. (N.I.) 1995/225), in article 4(3)(b), for “Article 197” substitute “ Articles 197 to 197B ”.

Sch. 14 para. 1

In this Schedule “qualifying body” means— (a) a registered society within the meaning of the Co-operative and Community Benefit Societies Act (Northern…

Sch. 14 para. 2

(1) In this Schedule the “relevant period” means the period which— (a) begins with 26 March 2020, and (b) ends with 30 December 2020 29 March 2021 30 March…

Sch. 14 para. 3

(1) This paragraph applies to a meeting within sub-paragraph (2) that is held during the relevant period. (2) A meeting is within this sub-paragraph if it is—…

Sch. 14 para. 4

(1) The appropriate national authority may by regulations make provision for the purposes of, or in connection with, paragraph 3. (2) The appropriate national…

Sch. 14 para. 5

(1) This paragraph applies where by reason of any provision a qualifying body is or was under a duty to hold a general meeting as its annual general meeting…

Sch. 14 para. 6

(1) The appropriate national authority may by regulations provide for any provision that would (but for the regulations) have the effect mentioned in…

Sch. 14 para. 7

(1) Regulations made by the Secretary of State or the Treasury under this Schedule are to be made by statutory instrument. (2) A statutory instrument…

Sch. 14 para. 8

(1) Regulations made by the Scottish Ministers under paragraph 2(2)(a) of this Schedule are subject to the negative procedure (see section 28 of the…

Sch. 14 para. 9

(1) Regulations made by the Department for the Economy in Northern Ireland under paragraph 2(2)(a) of this Schedule are subject to negative resolution within…

Sch. 14 para. 10

In this Schedule— “accounts meeting” means a general meeting of a public company at which the company's annual accounts and reports (within the meaning given…