{
  "url": "https://openlegislation.uk/draft-charitable-incorporated-organisations-insolvency-and-dissolution-regulations-2012/schedule/paragraph-1",
  "json_url": "https://openlegislation.uk/draft-charitable-incorporated-organisations-insolvency-and-dissolution-regulations-2012/schedule/paragraph-1.json",
  "legislation": "ukdsi/2012/9780111530146",
  "legislation_title": "The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/draft-charitable-incorporated-organisations-insolvency-and-dissolution-regulations-2012",
  "path": "schedule/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Application to CIOs of the 1986 Act",
  "text": "(1) The provisions of the 1986 Act specified in sub-paragraph (2) apply in relation to CIOs as they apply in relation to companies registered in England and Wales with—\n(a) the general modifications set out in sub-paragraph (3);\n(b) the substitution of the provision specified in sub-paragraph (4) for section 84 of that Act;\n(c) the substitution of the provision specified in sub-paragraph (5) for section 122 of that Act;\n(d) the substitution of the provision specified in sub-paragraph (6) for section 154 of that Act;\n(e) the further modifications specified in the Table in sub-paragraph (7); and\n(f) any other necessary modification.\n(2) The specified provisions of the 1986 Act are—\n(a) Parts 1 to 4 other than—\n(i) section 28;\n(ii) Chapters 2 and 3 of Part 3;\n(iii) sections 72B to 72F, 72GA, 76 to 78, 83, 93, 105, 111, 113, 120, 121, 124A to 124C, 138, 142, 157, 161, 162, 169, 185, 193, 198, 199 and 204;\n(iv) paragraphs 3, 4A to 5, 21, 23 and 44 of Schedule A1;\n(v) paragraphs 9, 111A to 116 of Schedule B1;\n(vi) paragraph 19 of Schedule 1;\n(vii) paragraph 3 of Schedule 4;\n(b) Parts 6 and 7 other than section 242, 243 and 250;\n(c) the Third Group of Parts (miscellaneous matters bearing on both company and individual insolvency; general interpretation; final provisions) other than sections 389B, 402, 412, 415, 417, 418, 420, 421, 421A, 422, 426, 426A, 426B, 426C, 427, 428, 429, 434E, 437, 438, 439, 440, 441 and 442.\n(3) The general modifications are—\n(a) any reference to a company or a company registered under the Companies Act 2006 in England and Wales, is to be read as a reference to a CIO;\n(b) any reference to a company being wound up by the court in England and Wales is to be read as a reference to a CIO being wound by the court;\n(c) any reference to a company being wound up in England and Wales is to be read as a reference to a CIO being wound up;\n(d) any reference to a winding up in England and Wales is to be read as a reference to the winding up of a CIO;\n(e) any reference to the registrar of companies is to be read as a reference to the Charity Commission;\n(f) in any provision which requires an original document to be sent to the Charity Commission, any reference to an original document is to be read as a reference to a copy of that document;\n(g) any reference to the registered office of a company is to be read as a reference to the principal office of a CIO;\n(h) any reference to a general meeting of a company is to be read as a general meeting of a CIO;\n(i) any reference to a director of a company is to be read as a reference to a charity trustee of a CIO;\n(j) any reference to an officer of a company is to be read as a reference to a charity trustee of a CIO;\n(k) any reference to a shadow director is to be treated as omitted;\n(l) in any enactment of the 1986 Act which makes provision (for any purpose) for “officer” to include a shadow director, any such provision is to be treated as omitted;\n(m) any reference to a company’s articles of association is to be read as a reference to a CIO’s constitution;\n(n) any reference to the interests of a member is to be read as a reference to the interests of the relevant CIO;\n(o) any reference to the business of a company is to be read as a reference to the activities the CIO undertakes in furtherance of its charitable purposes;\nin each case, unless the context otherwise requires.\n(4) The provision to be substituted for section 84 of the 1986 Act is—\n“Circumstances in which CIO may be wound up voluntarily\n84 (1) A CIO may be wound up voluntarily if its members pass a resolution that it be wound up voluntarily.\n(2) A resolution under subsection (1) must be passed—\n(a) at a general meeting of the CIO—\n(i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or\n(ii) where the CIO’s constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or\n(b) unanimously, otherwise than at a general meeting.\n(3) In this Act “a resolution for voluntary winding up” means a resolution passed under subsection (1).\n(4) Before the members of a CIO pass a resolution for voluntary winding up, they must give written notice of the resolution to the holder of any qualifying floating charge to which section 72A applies.\n(5) Where notice is given under subsection (4), a resolution for voluntary winding-up may be passed only—\n(a) after the end of the period of five business days beginning with the day on which the notice was given; or\n(b) if the person to whom the notice was given has consented in writing to the passing of the resolution.\n(6) If a resolution for voluntary winding up is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to—\n(a) all members of the CIO entitled to vote at the meeting or, where the CIO’s constitution permits the members to make decisions otherwise than by voting, all members entitled to take part in the decision to be made as to whether to pass the resolution at the meeting; and\n(b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO’s constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting;\nand the notice must contain particulars of the resolution that is to be proposed.\n(7) For the purpose of calculating the period of notice to be given under subsection (6) the following are to be excluded—\n(a) the day of the meeting; and\n(b) the day on which notice is given.\n(8) If a qualifying majority agrees, a resolution for voluntary winding up which is to be proposed at a general meeting may be passed without the notice provisions in subsection (6) being satisfied.\n(9) Where a resolution for voluntary winding up is passed otherwise than at a general meeting it is treated as having been passed on the date on which the last member agreed to it, unless the CIO’s constitution provides that it is to be treated as having been passed on a later date.\n(10) A copy of every resolution for voluntary winding up or (in the case of a resolution that is not in writing) a written memorandum setting out its terms must be sent to the Charity Commission within 15 days of the date on which it is passed.\n(11) If a CIO fails to comply with subsection (10) an offence is committed by the liquidator and by every charity trustee of the CIO who is in default.\n(12) In this section—\n“qualifying majority” means—\n(a) in relation to a CIO whose members take decisions by voting, a majority in number of the members having a right to attend and vote at the meeting, who together represent not less than the requisite percentage of the total voting rights at that meeting of all the members;\n(b) in relation to a CIO whose members take decisions otherwise than by voting, all of the members having the right to attend the meeting and to take part in the decisions to be made at that meeting;\n“requisite percentage” means 90% or such higher percentage (not exceeding 95%) as may be specified in the CIO’s constitution for the purposes of this section.”.\n(5) The provision to be substituted for section 122 of the 1986 Act is—\n“Circumstances in which CIO may be wound up by the court\n122 (1) A CIO may be wound up by the court if—\n(a) the members of the CIO have passed a resolution that the CIO be wound up by the court (“resolution for court winding up”);\n(b) the CIO does not commence its business within a year of its registration in the register of charities or suspends its business for a whole year;\n(c) the CIO is unable to pay its debts;\n(d) at the time when a moratorium for the CIO under section 1A comes to an end, no voluntary arrangement approved under Part 1 has effect in relation to the CIO;\n(e) it is just and equitable in the opinion of the court that the CIO should be wound up.\n(2) The resolution for court winding up must be passed by the members of the CIO in accordance with section 84(2).\n(3) Subsections (6) to (12) of section 84 apply in relation to a resolution for court winding up as they apply to a resolution for voluntary winding up.”.\n(6) The provision to be substituted for section 154 of the 1986 Act is—\n“Application of surplus\n154. The court shall make such directions as it considers necessary to secure the application of the surplus in accordance with the directions contained in the CIO’s constitution pursuant to section 206(2)(c) of the Charities Act 2011.”.\n(7) The Table of further modifications is as follows—\nTABLE OF FURTHER MODIFICATIONS TO PROVISIONS OF THE 1986 ACT APPLIED TO CIOS\nProvision of the 1986 Act\nModification(s)\nFIRST GROUP OF PARTS (Company insolvency; companies winding up)\nSection 1 (Those who may propose an arrangement)\nOmit subsections (4) to (6).\nSection 4A (Approval of arrangement)\nOmit subsection (5).\nSection 5 (Effect of approval)\nSubsection (3)\nIn paragraph (a) omit “or sist”.\nSubsections (5) and (6)\nOmit subsections (5) and (6).\nSection 6 (Challenge of decisions)\nSubsection (1)\nIn paragraph (a) omit “, member”.\nSubsection (2A)\nOmit subsection (2A).\nSubsection (4)\nOmit “or in the case of an application under subsection (2A), as to the ground mentioned in that subsection”.\nSubsection (8)\nOmit subsection (8).\nSection 7A (Prosecution of delinquent officers of CIO)\nSubsection (2)\nIn the full out words omit paragraph (ii).\nSubsection (3)\nAfter “1985” substitute “to investigate the CIO’s affairs as if the CIO were a company”.\nSubsection (7)\nOmit paragraph (b).\nSubsection (8)\nOmit the reference to “the Lord Advocate”.\nSection 30 (Disqualification of body corporate from acting as receiver)\nAny reference to a body corporate is to be read as a reference to a body corporate other than a body corporate appointed as an interim manager under section 76(3)(g) of the Charities Act 2011.\nSection 38 (Receivership accounts to be delivered to Charity Commission)\nIn subsection (1) omit “for registration”.\nSection 47 (Statement of affairs to be submitted)\nFor subsection (3)(d) substitute: “those who are or have been within that year officers of, or in the employment of, a company or a CIO which is, or within that year was, a charity trustee of the CIO.”.\nSection 72A (Floating charge holder not to appoint an administrative receiver)\nSubsection (2)\nOmit subsection (2).\nSubsection (3)\nFor “subsections (1) and (2)” substitute “subsection (1)”.\nSubsection (6)\nFor “sections 72B to 72GA” substitute “section 72G”.\nSection 72G (Sixth exception: registered social landlords)\nOmit “or under Part 3 of the Housing (Scotland) Act 2001 (asp. 10)”.\nSection 72H (Sections 72A to 72G: supplementary)\nSubsection (1)\nFor “sections 72B to 72G” substitute “section 72G”.\nSubsection (2)\nIn paragraph (d) for “sections 72B to 72G” substitute “section 72G”.\nSubsection (5)\nOmit paragraph (b).\nSection 73 (Scheme of this Part)\nOmit “or Scotland”.\nSection 74 (Liability as contributories of present and past members)\nSubsection (1)\nFor subsection (1) substitute:\n“(1) When—\n(a) a CIO is wound up; and\n(b) its constitution states that its members are liable to contribute to its assets if it is wound up,\nevery present and past member of the CIO is liable to contribute to its assets to any amount sufficient for the payment of its debts and liabilities, and the expenses of winding up, and for the adjustment of the rights of the contributories amongst themselves.”.\nSubsection (2)\nOmit paragraphs (d) and (f); in paragraph (e) for “the Companies Acts” substitute “the Charities Act 2011”.\nSubsection (3)\nFor subsection (3) substitute:\n“(3) No contribution is required from any member of a CIO exceeding the amount specified in the CIO’s constitution under section 206(1)(d) of the Charities Act 2011 as the amount to be contributed by that member in the event of the CIO being wound up.”.\nSection 79 (Meaning of contributory)\nOmit subsection (3).\nSection 81 (Contributories in case of death of a member)\nSubsection (1)\nOmit the words from “, and the heirs and legatees” to “in Scotland,”.\nSubsection (2)\nOmit subsection (2).\nSubsection (3)\nOmit the words “in England and Wales”.\nSection 88 (Avoidance of share transfers, etc after winding-up resolution)\nOmit the words from “Any transfer” to “liquidator, and”.\nSection 95 (Effect of a CIO’s insolvency)\nOmit subsections (2), (4A)(b) and (5) to (7).\nSection 98 (Meeting of creditors)\nSubsection (1)\nOmit subsection (1).\nSubsections (3) to (5)\nOmit subsections (3) to (5).\nSubsection (6)\nFor “(1), (1A) or (2)” substitute “(1A) or (2)”.\nSection 99 (Charity trustees to lay statement of affairs before creditors)\nOmit subsection (2A)(b).\nSection 101 (Appointment of liquidation committee)\nOmit subsection (4).\nSection 107 (Distribution of CIO’s property)\nFor “shall (unless the articles otherwise provide) be distributed among the members according to their rights and interests in the company” substitute “shall be applied in accordance with the directions contained in the CIO’s constitution pursuant to section 206(2)(c) of the Charities Act 2011; and for this purpose the liquidator may require the charity trustees of the CIO to take any necessary action to secure that application.”.\nSection 109 (Notice by liquidator of his appointment)\nIn subsection (1) omit “for registration”.\nSection 110 (Acceptance of shares, etc, as consideration for sale of CIO property)\nSubsection (1)\nFor paragraph (a) substitute: “to a company (“the transferee company”), whether or not the latter is a company registered under the Companies Act 2006, or”.\nSubsection (2)\nIn paragraphs (a) and (b) for “distribution among members of the transferor company” substitute “to be applied in accordance with the directions contained in the CIO’s constitution pursuant to section 206(2)(c) of the Charities Act 2011”.\nSubsection (3)\nIn paragraph (a) for “company” substitute “members of the CIO”.\nSubsection (4)\nOmit subsection (4).\nNew subsections (7) to (11)\nAfter subsection (6) insert:\n“(7) For the purposes of this section, a resolution of the members of a CIO is to be treated as a special resolution if it is passed—\n(a) at a general meeting of the CIO—\n(i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or\n(ii) where the CIO’s constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or\n(b) unanimously, otherwise than at a general meeting.\n(8) Subject to subsection (10), if a resolution under subsection (3)(a) is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to—\n(a) all members of the CIO entitled to vote at the meeting or take part in the decision to be made as to whether to pass the resolution at the meeting; and\n(b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO’s constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting;\nand the notice must contain particulars of the resolution that is to be proposed.\n(9) For the purpose of calculating the period of notice to be given under subsection (8) the following are to be excluded—\n(a) the day of the meeting; and\n(b) the day on which notice is given.\n(10) If a qualifying majority agrees, a resolution under subsection (3)(a) which is to be proposed at a general meeting of a CIO may be passed without the notice provisions in subsection (8) being satisfied.\n(11) In this section “qualifying majority” has the meaning given by section 84.”.\nSection 117 (High Court and county court jurisdiction)\nSubsection (2)\nOmit the words from “Where the amount” to “(subject to this section)”.\nSubsection (3)\nOmit subsection (3).\nSubsection (7)\nOmit subsection (7).\nSection 123 (Definition of inability to pay debts)\nOmit subsection (1)(c) and (d).\nSection 124 (Application for winding up)\nSubsection (1)\nOmit the words from “or by the designated officer” to “”fines imposed on companies)”.\nSubsections (2) and (3)\nOmit subsections (2) and (3).\nSubsection (3A)\nFor “section 122(1)(fa)” substitute “section 122(1)(d)”.\nSubsections (4) to (4A)\nOmit subsections (4) to (4A).\nSection 126 (Power to stay or restrain proceedings against company)\nSubsection (1)\nIn paragraph (a) omit “or Northern Ireland”; and in the full out words omit “sist”.\nSubsection (2)\nOmit subsection (2).\nSection 127 (Avoidance of property dispositions, etc)\nIn subsection (1) omit the words from “and any transfer” to “the company’s members,”.\nSection 128 (Avoidance of attachments etc.)\nOmit subsection (2).\nSection 130 (Consequences of a winding up order)\nOmit subsection (3).\nSection 131 (CIO’s statement of affairs)\nSubsection (2A)\nOmit paragraph (b).\nSubsection (3)\nFor paragraph (d) substitute: “those who are or have been within that year officers of, or in the employment of, a company or a CIO which is, or within that year was, a charity trustee of the CIO.”.\nSubsection (8)\nOmit subsection (8).\nSection 133 (Public examination of officers)\nSubsection (1)\nIn the opening words omit “or in Scotland, the liquidator”; in paragraph (b) omit “or, in Scotland, receiver of its property”.\nSubsection (2)\nOmit “or, in Scotland, the liquidator”.\nSubsection (4)(d)\nOmit “or, in Scotland, submitted a claim”.\nSection 135 (Appointment and powers of provisional liquidator)\nOmit subsection (3).\nSection 143 (General Functions in winding up the court)\nIn subsection (1) for “to the persons entitled to it” substitute “applied in accordance with the directions contained in the CIO’s constitution pursuant to section 206(2)(c) of the Charities Act 2011”.\nSection 144 (Custody of CIO’s property)\nOmit subsection (2).\nSection 147 (Power to stay winding up)\nOmit all references to the sisting of proceedings.\nSection 149 (Debts due from contributory to company)\nSubsection (2)\nOmit subsection (2).\nSubsection (3)\nOmit “whether limited or unlimited”.\nSection 152 (order on contributory to be conclusive evidence)\nIn subsection (2) omit from “except proceedings in Scotland” to the end.\nSection 165 (Voluntary winding up)\nSubsection (2)\nIn paragraph (a) for “company” substitute “members of the CIO”.\nNew subsections (7) to (11)\nAfter subsection (6) insert:\n“(7) For the purposes of this section, a resolution of the members of a CIO is to be treated as a special resolution if it is passed—\n(a) at a general meeting of the CIO—\n(i) by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted); or\n(ii) where the CIO’s constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; or\n(b) unanimously, otherwise than at a general meeting.\n(8) Subject to subsection (10), if a resolution under subsection (2)(a) is to be proposed at a general meeting of a CIO, the person calling the meeting must give notice of not less than 14 days to—\n(a) all members of the CIO entitled to vote at the meeting or take part in the decision to be made as to whether to pass the resolution at the meeting; and\n(b) any charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO’s constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at the meeting;\nand the notice must contain particulars of the resolution that is to be proposed.\n(9) For the purpose of calculating the period of notice to be given under subsection (8) the following are to be excluded—\n(a) the day of the meeting; and\n(b) the day on which notice is given.\n(10) If a qualifying majority agrees, a resolution under subsection (2)(a) which is to be proposed at a general meeting of a CIO may be passed without the notice provisions of subsection (8) being satisfied.\n(11) In this section “qualifying majority” has the meaning given by section 84.”.\nSection 172 (Removal, etc (winding up by the court))\nOmit subsection (7).\nSection 173 (Release (voluntary winding up))\nOmit subsection (3).\nSection 174 (Release (winding up by court))\nOmit subsection (7).\nSection 176A (Share of assets for unsecured creditors)\nOmit subsection (4)(b).\nSection 177 (Power to appoint special manager)\nSubsection (2)\nOmit “or members generally”.\nSubsection (5)(a)\nOmit “or, in Scotland, caution”.\nSection 184 (Duties of officers charges with execution of writs and other processes (England and Wales))\nOmit subsection (8).\nSection 187 (Power to make over assets to employees)\nSubsection (1)\nIn subsection (1) for the words from “payment” to “business)” substitute “ex-gratia payment authorised, before the commencement of the winding up, by the Charity Commission under section 106 of the Charities Act 2011 or the Attorney General”.\nSubsection (2)\nFor subsection (2) substitute:\n“(2) The liquidator may, after the winding up has commenced, make any relevant payment if the CIO’s liabilities have been fully satisfied and provision has been made for the expenses of the winding up.\n(2A) For the purposes of subsection (2) a payment is a relevant payment if it is an ex-gratia payment authorised, after the commencement of the winding-up, by the Charity Commission under section 106 of the Charities Act 2011 or the Attorney General.”.\nSubsection (3)\nFor “the members on winding up” substitute “be applied in accordance with the directions contained in the CIO’s constitution in compliance with section 206(2)(c) of the Charities Act 2011.”.\nSection 189 (Interest on debts)\nOmit subsection (5).\nSection 190 (Documents exempt from stamp duty)\nSubsection (2)\nOmit “If the company is registered in England and Wales”.\nSubsection (3)\nOmit subsection (3).\nSection 196 (Judicial notice of court documents)\nOmit references to the Court of Session, sheriff court and High Court in Northern Ireland; in paragraph (b) omit “or the Companies Acts”.\nSection 197 (Commission for receiving evidence)\nSubsection (1)\nIn the opening words omit “in England and Wales or in Scotland”; omit paragraphs (b) and (c).\nSubsections (2) and (3)\nOmit references to the sheriff principal.\nSubsection (5)\nOmit subsection (5).\nSection 201 (Dissolution (voluntary winding up)\nSubsection (2)\nFor subsection (2), substitute:\n“(2) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the account and return and the CIO is dissolved on the date on which it is removed from the register.”.\nSubsection (4)\nOmit “for registration”.\nNew subsections (5) and (6)\nAfter subsection (4) insert:\n“(5) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating—\n(a) that the CIO has been removed from the register of charities; and\n(b) the date on which the CIO was so removed.\n(6) In determining the manner in which to publish a notice under subsection (5) the Charity Commission must have regard in particular to—\n(a) the location of the CIO’s principal office;\n(b) the area in which the CIO operated; and\n(c) the charitable purposes of the CIO.”.\nSection 202 (Early Dissolution (England and Wales))\nFor subsection (5), substitute:\n“(5) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the official receiver’s application under subsection (2) and the CIO is dissolved on the date on which it is removed from the register. However the Secretary of State may, on the application of the official receiver or any other person who appears to the Secretary of State to be interested, give directions under section 203 at any time before the end of that period.\n(6) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating—\n(a) that the CIO has been removed from the register of charities; and\n(b) the date on which the CIO was so removed.\n(7) In determining the manner in which to publish a notice under subsection (6), the Charity Commission must have regard in particular to—\n(a) the location of the CIO’s principal office;\n(c) the area in which the CIO operated; and\n(c) the charitable purposes of the CIO.”.\nSection 203 (Consequence of notice under s 202)\nIn subsection (5) omit “for registration”.\nSection 205 (Dissolution otherwise than under ss 202-204)\nSubsection (2)\nFor subsection (2), substitute:\n“(2) The Charity Commission must remove the CIO from the register of charities on the expiration of 3 months from the date on which it received the notice and the CIO is dissolved on the date on which it is removed from the register.”.\nSubsection (5)\nOmit subsection (5).\nSubsection (6)\nOmit paragraph (c); and in the full out words omit “for registration”.\nNew subsections (8) and (9)\nAfter subsection (7), insert:\n“(8) Where the Charity Commission removes a CIO from the register of charities in accordance with this section, it must publish a notice, in such manner as it thinks fit, stating—\n(a) that the CIO has been removed from the register of charities; and\n(b) the date on which the CIO was so removed.\n(9) In determining the manner in which to publish a notice under subsection (8), the Charity Commission must have regard in particular to—\n(a) the location of the CIO’s principal office;\n(b) the area in which the CIO operated; and\n(c) the charitable purposes of the CIO.”.\nSection 216 (Restriction on re-use of company names)\nOmit subsection (8).\nSection 217 (Personal liability for debts, following contravention of s 216)\nOmit subsection (6).\nSection 218 (Prosecution of delinquent officers and members of CIO)\nSubsection (1)\nOmit paragraph (b).\nSubsection (4)\nOmit paragraph (b); and in the full out words omit “or (as the case may be) the Lord Advocate” in both places it occurs.\nSubsection (5)\nAfter “1985” substitute “to investigate the CIO’s affairs as if the CIO were a company”.\nSection 219 (Obligations arising under s 218)\nSubsection (2B)\nOmit paragraph (b)\nSubsection (3)\nOmit the references to the “Lord Advocate” and “defender”.\nSubsection (4)\nOmit the reference to the “Lord Advocate”.\nSection 233 (supplies of gas, water, electricity, etc)\nIn subsection (3)(c) omit the reference to Scottish Water.\nSection 235 (Duty to co-operate with office-holder)\nFor subsection (3)(d) substitute: “those who are, or have within that year been, officers of or in the employment (including employment under a contract for services) of a company or a CIO which is, or within that year was, a charity trustee of the CIO in question”.\nSection 236 (Inquiry into CIO’s dealings, etc)\nIn subsection (3A) omit from “(in England and Wales)” to the end.\nSection 244 (Extortionate credit transactions)\nIn subsection (5) omit “or under section 242 (gratuitous alienations in Scotland)”.\nSection 245 (Avoidance of certain floating charges)\nIn subsection (1) omit “but applies to Scotland as well as to England and Wales”.\nSection 246A (Remote attendance at meetings)\nOmit subsection (2).\nSection 246B (Use of websites)\nOmit subsection (2).\nSection 248 (“Secured creditor” etc)\nOmit paragraph (b)(ii).\nSection 251 (Expressions used generally)\nDefinition of administrative receiver\nOmit paragraph (b).\nDefinition of “chattel leasing agreement”\nOmit “or, in Scotland, the hiring”.\nDefinition of “floating charge”\nOmit the words from “and includes” to “(Scottish floating charges)”.\nDefinition of “the Gazette”\nOmit paragraph (b).\nDefinition of “receiver”\nOmit the definition.\nSection 387 (“The relevant date”)\nOmit subsections (4)(b), (5) and (6).\nSection 388 (Meaning of “to act as an insolvency practitioner”)\nSubsection (2)\nOmit subsection (2).\nSubsection (2A)\nOmit subsection (2A).\nSubsection (3)\nOmit subsection (3).\nSubsection (4)\nOmit the definitions of “company”, “interim trustee” and “permanent trustee”.\nSubsection (5)\nOmit paragraph (b).\nSection 389 (Acting without qualification an offence)\nIn subsection (2) omit the words from “or the Accountant” to “Act 1985”.\nSection 389A (Authorisation of nominees and supervisors)\nSubsection (1)\nOmit “or Part 8”.\nSubsection (2)(b)\nOmit “(in Scotland, caution)”; and “or caution”.\nSection 390 (Persons not qualified to act as insolvency practitioners)\nSubsection (3)\nIn paragraph (a) omit “or, in Scotland, caution”; in paragraph (b) omit “or caution”.\nNew subsection (6)\nAfter subsection (5) insert:\n“(6) This section does not apply to a body corporate appointed as an interim manager under section 76(3)(g) of the Charities Act 2011.”.\nSection 399 (Appointment, etc of official receivers)\nSubsections (1) and (4)\nOmit each reference to bankruptcy; individual voluntary arrangement; debt relief order or application for such an order.\nSection 411 (CIO insolvency rules)\nSubsection (1)\nOmit paragraph (b).\nSubsections (1A) and (1B)\nOmit subsections (1A) and (1B).\nSubsection (2)\nOmit the reference to subsections (1A) and (1B) and to the Treasury.\nSubsections (2C) and (2D)\nOmit subsections (2C) and (2D).\nSubsection (3)\nOmit “bank liquidator or administrator” and the references to the Banking Act 2009.\nSubsection (3A)\nOmit subsection (3A).\nSection 413 (Insolvency Rules Committee)\nIn subsection (2) omit the reference to section 412.\nSection 414 (Fees orders (CIO insolvency proceedings)\nSubsection (2)\nOmit paragraph (b).\nSubsection (5)\nOmit the reference to the Secretary of State.\nSubsection (8A) to (8C)\nOmit subsections (8A) to (8C).\nSubsection (9)\nOmit the words from “and the application of” to the end.\nSection 415A (Fees orders (general))\nOmit subsection (A1).\nSection 416 (Monetary limits (companies winding up))\nSubsection (1)\nOmit the entries relating to sections 117(2) and 120(3).\nSubsection (3)\nOmit “117(2), 120(3) or”.\nSection 423 (Transactions defrauding creditors)\nFor subsection (4) substitute:\n“(4) In this section “the court” means—\n(a) the High Court; or\n(b) any county court having jurisdiction to wind up the CIO.”.\nSection 424 (Those who may apply for an order under s423)\nSubsection (1)\nFor paragraph (a) substitute:\n“(a) in a case where the debtor is being wound up or is in administration, by the official receiver, by the liquidator or administrator or (with the leave of the court) by a victim of the transaction;”.\nSection 431 (Summary proceedings)\nSubsection (3)\nOmit subsection (3).\nSubsection (4)\nOmit the reference to the Lord Advocate.\nSection 432 (Offences by bodies corporate)\nSubsection (2)\nThe reference to any director, manager, secretary or other similar officer of a body corporate is to be read as including a reference to a charity trustee of a CIO.\nSubsection (4)\nOmit the words “51, 53, 54, 62, 64, 66,” and “and 23(1)(a)”.\nSection 433 (Admissibility in evidence of statements of affairs, etc)\nSubsection (1)\nOmit paragraphs (aa) and (ab).\nSubsection (3)\nIn paragraph (a) omit the words “66(6), 67(8),” and from “, 353(1)” to “(2)(a) or (b)”; omit paragraph (e).\nSection 434A (Introductory)\nFor “416 and 417” substitute “416”.\nSection 434D (Enforcement of a CIO’s filing obligations)\nIn subsection (4) omit “(in Scotland, expenses)”.\nSection 436 (Expressions used generally)\nIn subsection (2) in the opening words after “Companies Acts” insert: “with the substitution, in relation to CIOs, of references to charity trustees for references to directors; omit the entries relating to: “articles”, “the Joint Stock Companies Acts”, “overseas company”, “paid up”, “private company”, “public company” and “registrar of companies”.\nSection 436B (References to things in writing)\nIn subsection (2) ignore paragraphs (a), (b), (c) (e), (h) and (i).\nSCHEDULE A1 (Moratorium where directors propose voluntary arrangements)\nParagraph 1\nOmit the definitions of “market contract”, “market charge”, “settlement finality regulations” and “system-charge”.\nParagraph 2\nFor paragraph 2 substitute:\n“2. A CIO is eligible for a moratorium unless it is excluded from being eligible by virtue of paragraph 4.”.\nParagraph 7\nSub-paragraph (1)\nOmit “(in Scotland, lodge)”.\nSub-paragraph (4)\nOmit “(in Scotland, lodged)”.\nParagraph 12\nSub-paragraph (3)\nOmit sub-paragraph (3).\nSub-paragraph (5)\nFor sub-paragraph (5) substitute:\n“(5) For the purposes of this paragraph “excepted petition” means a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.\nParagraph 17\nIn sub-paragraph (2) omit “(in Scotland, hired)”.\nParagraph 22\nIn sub-paragraph (1)(c) omit the reference to paragraph 21.\nParagraph 38\nIn sub-paragraph (1)(a) omit “, member”.\nParagraph 40\nIn sub-paragraph (2) omit references to a “member” or “members”.\nParagraph 45\nSub-paragraph (4)\nOmit the words “(except regulations under paragraph 5)”.\nSub-paragraph (5)\nOmit sub-paragraph (5).\nSCHEDULE B1 (Administration)\nParagraph 14\nOmit sub-paragraph (2)(d).\nParagraph 15\nOmit sub-paragraph (3).\nParagraph 39\nIn sub-paragraph (1)(d) omit “or under any rule of the law of Scotland”.\nParagraph 40\nFor sub-paragraph (2) substitute:\n“(2) Sub-paragraph (1)(b) does not apply to a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011”.\nParagraph 42\nFor sub-paragraph (4) substitute:\n“(4) Sub-paragraph (3) does not apply to a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.\nParagraph 43\nOmit sub-paragraph (5).\nParagraph 47\nSub-paragraph (3)\nFor sub-paragraph (3)(d) substitute: “a person who is or has been during that period an officer or employee of a company or a CIO which is or has been during that year a charity trustee of the CIO.”\nSub-paragraph (5)\nOmit sub-paragraph (5).\nParagraph 49\nOmit sub-paragraph (3)(b).\nParagraph 73\nOmit sub-paragraph (2)(c) and (d).\nParagraph 74\nThe whole paragraph\nOmit all references to a “member” or “members”.\nSub-paragraph (6)\nOmit sub-paragraphs (b) and (ba).\nParagraph 82\nFor sub-paragraph (1) substitute:\n“(1) This paragraph applies where a winding-up order is made for the winding up of a CIO in administration on a petition presented by the Attorney General or the Charity Commission under section 113 of the Charities Act 2011.”.\nParagraph 83\nSub-paragraph (2)\nOmit sub-paragraph (2).\nSub-paragraph (4)\nFor sub-paragraph (4) substitute:\n“(4) On receipt of a notice under sub-paragraph (3), the Charity Commission must publish it in such manner as it thinks fit.\n(4A) In determining the manner in which to publish the notice under paragraph (3) the Charity Commission must have regard in particular to—\n(a) the location of the principal office of the CIO;\n(b) the area in which the CIO operates; and\n(c) the charitable purposes of the CIO.”.\nSub-paragraph (6)\nFor “registration” substitute “publication” and for “registered” substitute “published”.\nParagraph 84\nSub-paragraph (3)\nFor sub-paragraph (3) substitute:\n“(3) On receipt of a notice under sub-paragraph (1), the Charity Commission must publish it in such manner as it thinks fit.\n(3A) In determining the manner in which to publish the notice under paragraph (1) the Charity Commission must have regard in particular to—\n(a) the location of the principal office of the CIO;\n(b) the area in which the CIO operates; and\n(c) the charitable purposes of the CIO.”.\nSub-paragraph (4)\nFor “registration” substitute “publication”.\nSub-paragraph (6)\nFor “registration” substitute “publication”.\nParagraph 96\nOmit sub-paragraph (4).\nParagraph 111\nOmit sub-paragraphs (1A) and (1B).\nSCHEDULE 1 (Powers of administrator or administrative receiver)\nParagraph 2\nOmit the words from “or, in Scotland,” to “private bargain”.\nSCHEDULE 4 (Powers of liquidator in a winding up)\nParagraph 3\nParagraph 3A\nOmit the paragraph.\nOmit “, 242, 243”.\nSCHEDULE 6 (The categories of preferential debts)\nParagraph 14\nOmit sub-paragraphs (1)(b) and (c).\nSCHEDULE 8 (Provisions capable of inclusion in CIO insolvency rules)\nParagraph 14\nOmit the words “or in the Bankruptcy (Scotland) Act 1985”.\nParagraph 29\nOmit “, 66”.\nSCHEDULE 10 (Punishment of offences under this Act)\nIn the table, after the entry relating to section 67(8) insert:\n“\n84(11)\nFailing to comply with requirement to send resolution to Charity Commission.\nSummary.\nOne-fifth of the statutory maximum.\nOne-fiftieth of the statutory maximum.\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "There are amendments to section 84 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "There are amendments to section 122 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Part 1 of the 1986 Act was amended by the Insolvency Act 2000 (c.39), Schedule 1, paragraphs 2 to 10 and Schedule 2, paragraphs 1 to 10; and by the Enterprise Act 2002 (c.40), Schedule 17, paragraphs 10 to 12. Part 2 of the 1986 Act was substituted by the Enterprise Act 2002, section 248(1). Part 3 of the 1986 Act was amended by the Companies Act 1989 (c.40), Schedule 16, paragraph 3, and Schedule 24; by the Insolvency Act 1994 (c.7), section 2; by the Enterprise Act 2002 (c.40), section 250 and Schedule 21, paragraph 1; by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 20, paragraph 2; by S.I. 2003/1832, article 2; by S.I. 2008/1897, regulation 2(1); by S.I. 2009/1941, Schedule 1, paragraph 74; by S.I. 2010/18, article 5(1); and by S.I. 2010/866, Schedule 2, paragraph 61. Part 4 of the 1986 Act was amended by the Companies Act 1989 (c.40), section 60(3); by the Insolvency Act 2000, sections 10 and 11; by the Enterprise Act 2002, sections 252 and 253 and Schedule 17, paragraphs 14 to 18, and Schedule 26; by the Courts Act 2003, Schedule 8, paragraphs 295 and 296; by the Civil Partnerships Act 2004 (c.33), Schedule 27, paragraph 112; by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 186; by the Companies Act 2006 (c.46), section 1282; by S.I. 1986/1996, Schedule, Part 1; by S.I. 1994/2421, article 14; by S.I. 1999/1820, Schedule 2, paragraph 85; by S.I. 2001/1090, Schedule 5, paragraph 15; by S.I. 2002/1240, regulation 8; by S.I. 2002/1555, article 15; by S.I. 2006/3429, regulation 7(1); by S.I. 2007/2194, Schedule 4, paragraph 40; by S.I. 2008/1897, regulation 5(1); by S.I. 2009/864, article 3; by S.I. 2009/1941, Schedule 1, paragraph 75; and by S.I. 2010/18, articles 5 to 7 and 10. There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Schedule A1 was inserted by the Insolvency Act 2000, Schedule 1, paragraph 4. It was amended by the Enterprise Act 2002, Schedule 17, paragraph 37; by S.I. 2004/2312, article 2; by S.I. 2008/1897, regulation 3; and by S.I. 2009/1941, Schedule 1, paragraph 71. There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Schedule B1 to the 1986 Act was inserted by the Enterprise Act 2002,section 248 and Schedule 16. It was amended by the Courts Act 2003 (c.39), Schedule 8, paragraph 299; by S.I. 2003/2096, article 2; by S.I. 2005/879, regulation 2(4); by S.I. 2007/2974, regulation 65(2); by S.I. 2008/1897, regulation 4; and by S.I. 2010/18, article 4(2). There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "There are amendments to Schedule 1 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Schedule 4 was amended by the Enterprise Act 2002, section 253 and by S.I. 2010/18, article 10(2)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Part 6 of the 1986 Act was amended by the Water Act 1989 (c.15), Schedule 25, paragraph 78; by the Insolvency (No.2) Act 1994 (c.12), section 1; by the Gas Act 1995 (c.45), Schedule 4, paragraph 14; by the Utilities Act 2000 (c.27), Schedule 6, paragraph 47; by the Insolvency Act 2000 (c.39), Schedule 1, paragraph 8; by the Enterprise Act 2002, Schedule 17, paragraphs 19 to 23 to 27 and 30 to 32, and Schedule 26; by the Communications Act 2003 (c.21), Schedule 17, paragraph 82; and by S.I. 2010/18, article 3. Part 7 of the 1986 Act was amended by the Enterprise Act 2002, Schedule 17, paragraph 33, and by S.I. 2009/1941, Schedule 1, paragraph 77. There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "The Third Group of Parts of the 1986 Act was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 18; by the Youth Justice and Criminal Evidence Act 1999 (c.23), Schedule 3, paragraph 7; by the Insolvency Act 2000, sections 4 and 13, Schedule 1, paragraphs 9 to 11, and Schedule 4, paragraph 16; by the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 18; by the Enterprise Act 2002, sections 251, 270 to 272, Schedule 17, paragraphs 36 and 38, Schedule 21, paragraph 4, Schedule 23, paragraph 14, and Schedule 26; by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraphs 121 and 122; by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 188 and 190; by the Mental Capacity Act 2005 (c.9), Schedule 6, paragraph 31 and Schedule 7; by the Tribunals, Courts and Enforcement Act 2007, Schedule 20, paragraphs 6, 7, 10 and 15; by S.I. 2002/1037, regulations 3 and 4; by S.I. 2002/1240, regulation 18; by S.I. 2005/879, regulation 3; by S.I. 2005/2078, article 15; by S.I. 2005/3129, Schedule 4, paragraph 8; by S.I. 2007/2194, Schedule 4, paragraph 44; by S.I. 2008/948, Schedule 1, paragraph 105; by S.I. 2009/3081 regulation 2; by S.I. 2009/1941, Schedule 1, paragraphs 78 to 82; and by S.I. 2010/18, article 4. There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "2006 c.48."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Section 1 was amended by the Insolvency Act 2000, Schedule 2, paragraph 2 and by the Enterprise Act 2002, Schedule 17, paragraph 10. There are other amendments to section 1 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Section 4A was inserted by the Insolvency Act 2000, Schedule 2, paragraph 5."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 5 was amended by the Insolvency Act 2000, Schedule 2, paragraph 6 and by the Enterprise Act 2002, Schedule 17, paragraph 11. There are other amendments to section 5 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Section 6 was amended by the Insolvency Act 2000, Schedule 2, paragraph 7 and by the Enterprise Act 2002, Schedule 17, paragraph 12. There are other amendments to section 6 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 47 was amended by S.I. 2010/18, article 5(1)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 72A was inserted by the Enterprise Act 2002, section 250. It was amended by S.I. 2003/2093, Schedule 1."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 72G was inserted by the Enterprise Act 2002, section 250. It was amended by S.I. 2010/866, Schedule 2."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 73 was substituted by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 74 was amended by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Section 79 was amended by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Section 95 was amended by S.I. 2009/864, article 3 and by S.I. 2010/18, articles 5(2) and 7."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "Section 98 was amended by S.I. 2009/864, article 3 and by S.I. 2010/18, article 7."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "Section 99 was amended by S.I. 2010/18, article 5(3)."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "Section 110 was amended by S.I. 2001/1090, Schedule 5, paragraph 15 and by S.I. 2009/1941, Schedule 1, paragraph 75. There are other amendments to section 110 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f25",
      "text": "There are amendments to section 117 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f26",
      "text": "Section 124 was amended by the Companies Act 1989, section 60(2); by the Insolvency Act 2000, Schedule 1, paragraph 7; by the Courts Act 2003, Schedule 8, paragraph 294; by S.I. 2002/1240, regulation 8; by S.I. 2006/2078, regulation 33(2); and by S.I. 2009/1941, Schedule 1, paragraph 75. There are other amendments to section 124 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f27",
      "text": "Section 126 was amended by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f28",
      "text": "Section 127 was amended by the Enterprise Act 2002, Schedule 17, paragraph 15."
    },
    {
      "type": "footnote",
      "label": "f29",
      "text": "Section 131 was amended by S.I. 2010/18, article 5(4)."
    },
    {
      "type": "footnote",
      "label": "f30",
      "text": "Section 149 was amended by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f31",
      "text": "Section 165 was amended by S.I. 2007/2194, Schedule 4, paragraph 41."
    },
    {
      "type": "footnote",
      "label": "f32",
      "text": "Section 176A was inserted by the Enterprise Act 2002, section 252. It was amended by S.I. 2008/948, Schedule 1, paragraph 103."
    },
    {
      "type": "footnote",
      "label": "f33",
      "text": "Section 184 was amended by the Courts Act 2003, Schedule 8 paragraph 296."
    },
    {
      "type": "footnote",
      "label": "f34",
      "text": "Section 187 was amended by S.I. 2007/2194, Schedule 4, paragraph 42, and by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f35",
      "text": "Section 196 was amended by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f36",
      "text": "Section 201 was amended by S.I. 2006/3429, regulation 3."
    },
    {
      "type": "footnote",
      "label": "f37",
      "text": "Section 218 was amended by the Insolvency Act 2000, section 10, and by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f38",
      "text": "Section 219 was amended by the Insolvency Act 2000, sections 10 and 11, and by S.I. 2009/1941, Schedule 1, paragraph 75."
    },
    {
      "type": "footnote",
      "label": "f39",
      "text": "Section 233 was amended by the Water Act 1989, Schedule 25, paragraph 78; by the Gas Act 1995, Schedule 4, paragraph 14 and Schedule 6; by the Utilities Act 2011, Schedule 6, paragraph 47; by the Insolvency Act 2000, Schedule 1, paragraph 8; by the Enterprise Act 2002, Schedule 17, paragraph 22; by the Communications Act 2003, Schedule 17, paragraph 82 and by S.I. 2004/1822, paragraph 14 of the Schedule."
    },
    {
      "type": "footnote",
      "label": "f40",
      "text": "Section 235 was amended by the Enterprise Act 2002, Schedule 17, paragraph 24."
    },
    {
      "type": "footnote",
      "label": "f41",
      "text": "Section 236 was amended by S.I. 2010/18, article 5(6)."
    },
    {
      "type": "footnote",
      "label": "f42",
      "text": "Section 244 was amended by the Enterprise Act 2002, Schedule 17, paragraph 30."
    },
    {
      "type": "footnote",
      "label": "f43",
      "text": "Section 245 was amended by the Enterprise Act 2002, Schedule 17, paragraph 31."
    },
    {
      "type": "footnote",
      "label": "f44",
      "text": "Sections 246A and 246B were inserted by S.I. 2010/18, article 3."
    },
    {
      "type": "footnote",
      "label": "f45",
      "text": "Section 251 was amended by S.I. 2009/1941, Schedule 1, paragraph 77."
    },
    {
      "type": "footnote",
      "label": "f46",
      "text": "Section 387 was amended by the Insolvency Act 2000, Schedule 1, paragraph 9, and Schedule 3, paragraph 15; by the Enterprise Act 2002, Schedule 17, paragraph 34, and by S.I. 2002/1240, regulation 16."
    },
    {
      "type": "footnote",
      "label": "f47",
      "text": "Section 388 was amended by the Insolvency Act 2000, section 4; by S.I. 2002/1240, regulation 17; by S.I. 2002/2708, article 3; by S.I. 1994/2421, article 15; and by S.I. 2009/1941, Schedule 1, paragraph 78."
    },
    {
      "type": "footnote",
      "label": "f48",
      "text": "Section 389 was amended by the Insolvency Act 2000, section 4."
    },
    {
      "type": "footnote",
      "label": "f49",
      "text": "Section 389A was inserted by the Insolvency Act 2000. It was amended by the Mental Capacity Act 2005 (c.9), Schedule 6, paragraph 31, and Schedule 7; by S.I. 2004/1941, Schedule, paragraph 2; by S.I. 2005/2078, Schedule 1, paragraph 3; and by S.I. 2009/1941, Schedule 1, paragraph 78,"
    },
    {
      "type": "footnote",
      "label": "f50",
      "text": "Section 390 was amended by the Adults with Incapacity (Scotland) Act 2000 (asp. 4), Schedule 5, paragraph 18; by Insolvency Act 2000, Schedule 4, paragraph 16; by the Enterprise Act 2002, Schedule 21, paragraph 4; by the Mental Capacity Act 2005, Schedule 6, paragraph 31, and Schedule 7; by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 20, paragraph 6; by S.I. 2004/1941, Schedule, paragraph 3; by S.I. 2005/2078, Schedule 1, paragraph 3; and by S.I. 2009/1941, Schedule 1, paragraph 78. There are other amendments to section 390 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f51",
      "text": "Section 411 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 188; S.I. 2002/1037, regulation 3; S.I. 2007/2194, Schedule 4, paragraph 44; S.I. 2009/1941, Schedule 1, paragraph 79. There are other amendments to section 411 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f52",
      "text": "Section 413 was amended by the Water Act 1985, Schedule 25; by the Water Consolidation (Consequential Provisions) Act 1991, Schedule 1; by the Railways Act 1993, Schedule 12; and by the Constitutional Reform Act 2005, Schedule 4."
    },
    {
      "type": "footnote",
      "label": "f53",
      "text": "Section 414 was amended by S.I. 2007/2194, Schedule 4, paragraph 44. There are other amendments to section 414 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f54",
      "text": "Section 415A was inserted by the Enterprise Act 2002, section 270(1). There are other amendments to section 415A not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f55",
      "text": "Section 423 was amended by the Civil Partnerships Act 2004 (c.33), Schedule 27, paragraph 121."
    },
    {
      "type": "footnote",
      "label": "f56",
      "text": "There is an amendments to section 424 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f57",
      "text": "There are amendments to section 431 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f58",
      "text": "Section 433 was amended by the Youth Justice and Criminal Evidence Act 1999 (c.23), Schedule 3, paragraph 7. There are other amendments to section 433 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f59",
      "text": "Sections 434A to 434C were inserted by S.I. 2008/948, Schedule 1, paragraph 105."
    },
    {
      "type": "footnote",
      "label": "f60",
      "text": "Section 424D was inserted by S.I. 2009/1941, Schedule 1, paragraph 81."
    },
    {
      "type": "footnote",
      "label": "f61",
      "text": "Section 436 was amended by the Tribunals, Courts and Enforcement Act 2007, Schedule 13; by S.I. 2002/1037, regulation 4; by S.I. 2005/879, regulation 2; by S.I. 2007/2194, Schedule 4, paragraph 45; and by S.I. 2009/1941, Schedule 1, paragraph 82."
    },
    {
      "type": "footnote",
      "label": "f62",
      "text": "Section 436B was inserted by S.I. 2010/18, article 4(1)."
    },
    {
      "type": "footnote",
      "label": "f63",
      "text": "Schedule A1 to the 1986 Act is footnoted at Schedule 2 paragraph 1(2)(iv). Where a provision of Schedule A1 is applied subject to modifications specified in the Table, relevant amendments to that provision are footnoted below."
    },
    {
      "type": "footnote",
      "label": "f64",
      "text": "Paragraph 1 was amended by S.I. 2002/1555, article 28."
    },
    {
      "type": "footnote",
      "label": "f65",
      "text": "Paragraph 2 was amended by S.I. 2002/155, article 29. There are other amendments to paragraph 2 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f66",
      "text": "Paragraph 12 was amended by the Enterprise Act 2002, Schedule 17, paragraph 37. There are other amendments to paragraph 12 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f67",
      "text": "Paragraph 40 was amended by the Enterprise Act 2002, Schedule 17, paragraph 37 and by S.I. 2004/2312, article 2."
    },
    {
      "type": "footnote",
      "label": "f68",
      "text": "Schedule B1 to the 1986 Act is footnoted at regulation 10. Where a provision of Schedule B1 is applied subject to modifications specified in the Table, relevant amendments to that provision are footnoted below."
    },
    {
      "type": "footnote",
      "label": "f69",
      "text": "There are amendments to paragraph 40 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f70",
      "text": "There are amendments to paragraph 42 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f71",
      "text": "Paragraph 43 was amended by the Enterprise Act 2002, section 248 and Schedule 16, as amended by S.I. 2003/2096."
    },
    {
      "type": "footnote",
      "label": "f72",
      "text": "There are amendments to paragraph 49 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f73",
      "text": "Paragraph 73 was amended by S.I. 2007/2974, regulation 65. There are other amendments to paragraph 73 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f74",
      "text": "There are amendments to paragraph 74 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f75",
      "text": "There are amendments to paragraph 82 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f76",
      "text": "Paragraph 111 was amended by S.I. 2005/879, regulation 2; by S.I. 2009/1941, Schedule 1, paragraph 72; and by S.I. 2010/18, article 4(2)."
    },
    {
      "type": "footnote",
      "label": "f77",
      "text": "There are amendments to paragraph 2 not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f78",
      "text": "Paragraph 3A was inserted by the Enterprise Act 2002, section 253."
    },
    {
      "type": "footnote",
      "label": "f79",
      "text": "Paragraph 14 was amended by the Enterprise Act 2002, Schedule 17, paragraphs 38(4) and (5)."
    },
    {
      "type": "footnote",
      "label": "f80",
      "text": "Paragraph 29 was amended by the Enterprise Act 2002, Schedule 17, paragraph 38(6)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111530146/schedule/paragraph/1",
    "retrieved_at": "2026-10-30T14:51:09.429876+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}