Article 10 Winding up of insolvent partnership as unregistered company on member’s petition where concurrent petitions presented against all membersI1
England and Wales
The following provisions of the Act shall apply in relation to the winding up of an insolvent partnership as an unregistered company on a member’s petition where insolvency petitions are presented by the petitioner against the partnership and against all its members in their capacity as such—
sections 117, 124, 125, 221, 264, F1265 and 271 of the Act, modified in such manner that, after modification, they are as set out in Schedule 6 to this Order; and
sections 220, 225 and 227 to 229 in Part V of the Act, section 220 being modified in such manner that, after modification, it is as set out in Part I of Schedule 4 to this Order.
The provisions of the Act specified in paragraph (3) below, insofar as they relate to winding up of companies by the court in England and Wales on a member’s petition, shall apply in relation to the winding up of a corporate member (in its capacity as such) of an insolvent partnership which is wound up by virtue of paragraph (1).
The provisions referred to in paragraph (2) are—
Part IV F2...,
Part VI,
Part VII, and
Parts XII to XIX.
The provisions of the Act specified in paragraph (5) below, insofar as they relate to the bankruptcy of individuals in England and Wales where F3a bankruptcy application is made by a debtor, shall apply in relation to the bankruptcy of an individual member (in his capacity as such) of an insolvent partnership which is being wound up by virtue of paragraph (1).
The provisions referred to in paragraph (4) are—
Part IX (other than sections F4... 287 and 297), and
Parts X to XIX.
Certain of the provisions referred to in paragraphs (2) and (4) are modified in their application in relation to the corporate or individual members of insolvent partnerships in such manner that, after modification, they are as set out in Part II of Schedule 4 to this Order.
Annotations
Textual amendments
- F1
Words in art. 10(1) substituted (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 para. 3 (with Sch. 2 para. 10)
- F2
Words in art. 10(3)(a) omitted (6.4.2006) by virtue of The Insolvent Partnerships (Amendment) Order 2006 (S.I. 2006/622), arts. 1(1), 4 (with art. 2)
- F3
Words in art. 10(4) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 5(2)(a)
- F4
Words in art. 10(5)(a) omitted (6.4.2016) by virtue of The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 5(2)(b)
- F5
Art. 10(6) substituted (1.7.2005) by The Insolvent Partnerships (Amendment) Order 2005 (S.I. 2005/1516), arts. 1(1), 5(b)