OpenLegislation

Section 222 Restriction on making winding-up order.I1

(1)

Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—

(a)

notice of the petition has been served on the Mayor; and

(b)

a period of at least fourteen days has elapsed since the service of that notice.

(2)

Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.

(3)

Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M1Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.

(4)

In this section the court has the same meaning as in section 220 above.

Annotations

Marginal citations

M1

1986 c. 45.

Commencement

I1

S. 222 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)