Section 10 Effect of application.
England, Wales and Scotland
During the period beginning with the presentation of a petition for an administration order and ending with the making of such an order or the dismissal of the petition—
no resolution may be passed or order made for the winding up of the company;
no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises let to the company in respect of a failure by the company to comply with any term or condition of its tenancy of such premises, except with the leave of the court and subject to such terms as the court may impose
Nothing in subsection (1) requires the leave of the court—
for the presentation of a petition for the winding up of the company,
for the appointment of an administrative receiver of the company, or
for the carrying out by such a receiver (whenever appointed) of any of his functions.
Where—
a petition for an administration order is presented at a time when there is an administrative receiver of the company, and
the person by or on whose behalf the receiver was appointed has not consented to the making of the order,
the period mentioned in subsection (1) is deemed not begin unless and until that person so consents.
References in this section and the next to hire-purchase agreements include conditional sale agreements, chattel leasing agreements and retention of title agreements.
In the application of this section and the next to Scotland, references to execution being commenced or continued include references to diligence being carried out or continued, and references to distress being levied shall be omitted.
Annotations
Textual amendments
- F1
S. 10(1)(aa) inserted (2.4.2001) by 2000 c. 39, s. 9(2); S.I. 2001/766, art. 2(1)(b) (subject to transitional provisions in art. 3)
Modifications
- C1
S. 10(1) extended (with modifications) by Water Act 1989 (c. 15, SIF 130), s. 23(7), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
S. 10(1) applied (with modifications) (E.W)(1.12.1991) by Water Industry Act 1991 (c. 56), ss. 24(5), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6).
- C2
S. 10(1)(2)(4)(5) applied (with modifications) (1.4.1994) by 1993 c. 43, ss. 60(5), 65(4), 150(1)(c); S.I. 1994/571, art. 5 (with transitional provision in art. 7)
S. 10(1)(2)(4)(5) applied (with modifications) (1.2.2001) by 2000 c. 38, s. 30(3) (with s. 105(2)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in art. 3(1), Sch. 2 Pt. II)
S. 10(1)(2)(4)(5) applied (with modifications) (15.7.2003) by 1999 c. 29, ss. 221(5), 224(4), 425(2); S.I. 2003/1920, art. 2(b)
- C3
S. 10(1)(b) excluded (25.4.1991) by Companies Act 1989 (c. 40), ss. 154, 155, 175(1)(a), 182(4), Sch. 22 para. 11(1); S.I. 1991/878, art. 2, Sch.
S. 10(1)(b) excluded (15.8.1995) by S.I. 1995/2049, reg. 21(2)(3)
S. 10(1)(b) excluded (11.12.1999) by S.I. 1999/2979, reg. 19(1)(a)
- C4
S. 10(1)(b) excluded by The Financial Market and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979 reg. 19(1ZA) (as inserted 1.10.2009 by The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009 (S.I. 2009/1972), reg. 7(a))
- C5
S. 10(1)(c) excluded (25.4.1991) by Companies Act 1989 (c. 40), ss. 154, 155, 161(4); S.I. 1991/878, art. 2, Sch.
- C6
S. 10(1)(c) modified (25.4.1991) by Companies Act 1989 (c. 40), s. 182(4), Sch. 22 para. 12(4); S.I. 1991/878, art. 2, Sch.
- C7
S. 10(2)(4) extended (with modifications) by Water Act 1989 (c. 15, SIF 130), s. 23(7), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
S. 10(2)(4) applied (with modifications) (E.W) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 24(5), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
Notes on Part II
Textual amendments
- F1
Pt. 2 (s. 8) substituted (15.9.2003) for Pt. 2 (ss. 8-27) by Enterprise Act 2002 (c. 40), ss. 248(1), 279 (with savings for special administration regimes in s. 249(1)-(3)(6) and further savings in S.I. 2003/2093, art. 3); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2)).
Pt. 2 as saved by 2002 c. 40, s. 249 or S.I. 2003/2093, art. 3 modified by Water Industry Act 1991 (c. 56), Sch. 3 (as amended (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 28(4)(e)); modified (1.4.1994) by Railways Act 1993 c. 43, ss. 59-62, 150(1)(c), Sch. 6 and S.I. 1994/571, art. 5 (with a transitional provision in art. 7); applied (with modifications) (1.12.1997) by Building Societies Act 1986 (c. 53), Sch. 15A (as inserted by 1997 c. 32, s. 39(2), Sch. 6 para. 1(2)(a) and S.I. 1997/2668, art. 2, Sch. Pt. I(i)); modified (1.2.2001) by Transport Act 2000 (c. 38), ss. 27-30, Sch. 1; modified (15.7.2003) by Greater London Authority Act 1999 (c. 29), ss. 220-223, 425(2), Sch. 14 (with Sch. 12 para. 9(1)) and S.I. 2003/1920, art. 2; excluded (26.12.2003) by S.I. 2003/3226, reg. 8(3)(4); applied (with modifications) and modified in part (28.11.2005) by S.I. 2005/3050, regs. 4, 14, 20, Sch. 3 paras. 1(a), 2 (with Sch. 4); applied and amended in part (30.11.2007) by S.I. 2007/3141, rules 3, 13(4), 18(1); amended (6.4.2008) by S.I. 2008/948, art. 3(1), Sch. 1 para. 101 (with arts. 6, 11 and 12); amended in part (1.10.2009) by S.I. 2009/1941, arts. 2(1), 8, Sch. 1 para. 73(1)(2)(a)(b)(3) (with Sch. 1 para. 84); amended (1.10.2009) by S.I. 2009/1972, reg. 7(a); modified in part (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(n), Sch. 6 para. 25; amended (31.12.2020) by S.I. 2019/146, reg. 1(3), Sch. para. 45(2) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)