{
  "url": "https://openlegislation.uk/enterprise-act-2002-commencement-no-4-and-transitional-provisions-and-savings-order-2003/article-4",
  "json_url": "https://openlegislation.uk/enterprise-act-2002-commencement-no-4-and-transitional-provisions-and-savings-order-2003/article-4.json",
  "legislation": "uksi/2003/2093",
  "legislation_title": "The Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003",
  "legislation_url": "https://openlegislation.uk/enterprise-act-2002-commencement-no-4-and-transitional-provisions-and-savings-order-2003",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Abolition of Crown preference—transitional provisions",
  "text": "(1) This article applies to a case where before the first commencement date—\n(a) a petition for an administration order pursuant to Part II of the Insolvency Act 1986 is presented;\n(b) a voluntary arrangement under Part I of the Insolvency Act 1986 has effect;\n(c) a receiver is appointed under the terms of a charge (which when created was a floating charge) in relation to the property of a company subject to the charge;\n(d) a petition for a winding-up order is presented;\n(e) a resolution for the winding up of the company is passed;\n(f) a petition for a bankruptcy order (or, in Scotland, for sequestration) is presented; or\n(g) a voluntary arrangement pursuant to Part VIII of the Insolvency Act 1986 has effect.\n(2) This article also applies to a case where proposals for a voluntary arrangement under Part I of the Insolvency Act 1986 are made (whether before or after the first commencement date) by—\n(a) a liquidator in a winding up where the winding-up petition is presented or, as the case may be, the resolution for winding up is passed, before the first commencement date; or\n(b) an administrator appointed in relation to an administration under Part II of the Insolvency Act 1986 where the administration order is made on a petition which is presented before the first commencement date.\n(3) This article also applies to a case in which a proposal for a voluntary arrangement under Part VIII of the Insolvency Act 1986 is made (whether before or after the first commencement date) by a person who was adjudged bankrupt on a petition which was presented before the first commencement date.\n(4) In a case to which this article applies—\n(a) the provisions of section 251; and\n(b) the provisions of section 278(2) and Schedule 26 as respects the repeals relating to paragraphs 1 to 3 and 8 to 8C in Schedule 3 to the Bankruptcy (Scotland) Act 1985, paragraphs 1 to 7 of Schedule 6 to the Insolvency Act 1986, the table in paragraph 32 of Schedule 29 to the Income and Corporation Taxes Act 1988, paragraphs 21A and 22 of Schedule 2 to the Finance Act 1991, paragraph 73 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992, sections 36(1) to (3) of the Finance Act 1993, paragraphs 13(1) and 13(2) of Schedule 6 and paragraph 7(2) of Schedule 7 to the Finance Act 1994, paragraph 8 of Schedule 14 to the Value Added Tax Act 1994, section 17 of the Finance Act 1995, paragraphs 12(1) and 12(2) of Schedule 5 to the Finance Act 1996, sections 166(7)(a), 183(3)(a) and 189(4) of the Employment Rights Act 1996, paragraph 6 of Schedule 2 to the Finance Act 1997, paragraphs 2 and 3 of Schedule 7 to the Finance Act 2000 and paragraphs 17(1) and (2) and 18 of Schedule 5 to the Finance Act 2001,\nshall not have effect.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 36."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1986 c. 45."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1988 c. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1991 c. 31. Paragraph 21A was inserted into Schedule 2 by s. 9 of the Finance (No.2) Act 1992 (c. 48)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1992 c. 6."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1993 c. 34."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1994 c. 9."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1994 c. 23."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1995 c. 4."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "1996 c. 8."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "1996 c. 18."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "1997 c. 16."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "2000 c. 17."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "2001 c. 9."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2003/2332",
      "affecting_title": "The Enterprise Act 2002 (Transitional Provisions) (Insolvency) Order 2003"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/2093/article/4",
    "retrieved_at": "2026-10-29T06:02:27.808592+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."
}