# The Risk Transformation Regulations 2017, Paragraph 10: Further modification to specific provisions of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989


(1) The provisions of the Insolvency Act 1986 specified in the first column of Table 8 and the provisions of the Insolvency (Northern Ireland) Order 1989 specified in the second column of Table 8 apply to the core with the modifications specified in the fourth column of Table 8.
Table 8
Insolvency Act 1986
Insolvency (Northern Ireland) Order 1989
Subject Matter
Modification
Section 76
Article 63
Liability of past directors and shareholders
These provisions apply where a protected cell company has made a payment (“the relevant payment” for the purposes of these provisions) to redeem or acquire shares issued on behalf of the core in breach of the requirements of regulation 107.
The reference to the directors who signed the statement made in accordance with section 714(1) to (3) of the Companies Act 2006 for the purposes of the redemption or purchase is to be treated as a reference to the directors who authorised the redemption or purchase.
Section 103
Article 89
Cesser of directors’ powers
Ignore these provisions.
Section 124
Article 104
Application for winding up
An administrator of the core may also present a petition for the winding up of the core.
Section 216
Article 180
Restriction on re-use of names
Treat references to the name of the liquidating company as references to the name of the protected cell company.
Section 222
Article 186
Inability to pay debts: unpaid creditor for £750 or more
The written demand must be served on the core by leaving it at the protected cell company’s registered office or in such manner as the court may approve or direct.
Section 223
Article 187
Inability to pay debts: debt remaining unsatisfied after action brought
Ignore these provisions.
Paragraph 45 of Schedule B1
Paragraph 46 of Schedule B1
Publicity
These paragraphs apply to all business documents issued by or on behalf of the protected cell company and all of the protected cell company’s websites.
Paragraph 61 of Schedule B1
Paragraph 62 of Schedule B1
Administrator’s general powers (removal and appointment of directors)
Ignore these paragraphs.
Paragraph 69 of Schedule B1
Paragraph 70 of Schedule B1
Administrator as agent
An administrator of the core acts as agent for the protected cell company (on behalf of the core).
Paragraph 74 of Schedule B1
Paragraph 75 of Schedule B1
Challenge to administrator’s conduct
These paragraphs apply to a person who is a creditor or shareholder in respect of the core of the protected cell company or any cell of the protected cell company to which the administrator’s powers extend.
Paragraph 75 of Schedule B1
Paragraph 76 of Schedule B1
Misfeasance
In sub-paragraphs (2) to (5), references to the company are to be treated as including, where appropriate, references to a cell of the protected cell company.
Paragraph 83 of Schedule B1
Paragraph 84 of Schedule B1
Moving from administration to liquidation
Ignore these paragraphs.
Paragraph 84 of Schedule B1
Paragraph 85 of Schedule B1
Moving from administration to dissolution
The notice given under sub-paragraph (1) must also state that the protected cell company has no cells.

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Source: https://www.legislation.gov.uk/ukdsi/2017/9780111160596/schedule/3/paragraph/10 (the official version)
Page: https://openlegislation.uk/draft-risk-transformation-regulations-2017/schedule-3/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

