OpenLegislation

Paragraph 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—

(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.

Notes on the whole SI

Textual amendments

F1

Regulations revoked (14.12.2023 for the revocation of reg. 25) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(iv)