Paragraph 15 Public-private partnership project companiesF1 C1

(1)

A company is excluded from being eligible if, on the filing date, it is a project company of a project which—

(a)

is a public-private partnership project (see paragraph 16), and

(b)

includes step-in rights (see paragraph 17).

(2)

For the purposes of this paragraph a company is a “project company” of a project if any of the following applies—

(a)

it holds property for the purpose of the project;

(b)

it has sole or principal responsibility under an agreement for carrying out all or part of the project;

(c)

it is one of a number of companies which together carry out the project;

(d)

it has the purpose of supplying finance to enable the project to be carried out;

(e)

it is the holding company of a company within any of paragraphs (a) to (d).

(3)

But a company is not a “project company” of a project if—

(a)

it performs a function within sub-paragraph (2)(a) to (d) or is within sub-paragraph (2)(e), but

(b)

it also performs a function which is not—

(i)

within sub-paragraph (2)(a) to (d),

(ii)

related to a function within sub-paragraph (2)(a) to (d), or

(iii)

related to the project.

(4)

For the purposes of this paragraph a company carries out all or part of a project whether or not it acts wholly or partly through agents.

Annotations

F1: Sch. ZA1 inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 1 (with ss. 2(2), 5(2), 12)

C1: Sch. ZA1 para. 15 modified (E.W.S.) (26.11.2020) by The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of Liability for Wrongful Trading and Extension of the Relevant Period) Regulations 2020 (S.I. 2020/1349), regs. 1, 2(5)(b)

C1: Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 6(1)(c) (with ss. 2(2), 5(2), Sch. 4 para. 1)
C2: Sch. ZA1 modified (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 7(b) (with ss. 2(2), 5(2), Sch. 4 para. 1)