Paragraph 17 C1F1
Paragraph 42 is modified so as to read as follows—
“42.(1)This paragraph applies to a partnership in administration.
(2)No order may be made for the winding up of the partnership.
(3)No order may be made by virtue of Article 11 of the Insolvent Partnerships Order 1994 in respect of the partnership.
(4)No order may be made under section 35 of the Partnership Act 1890 in respect of the partnership.
(5)Sub-paragraph (2) does not apply to an order made on a petition presented under—
(a)section 124A(public interest); or
(b)section 367 of the Financial Services and Markets Act 2000 (c. 8) F2(winding-up petitions).
(6)If a petition presented under a provision referred to in sub-paragraph (5) comes to the attention of the administrator, he shall apply to the court for directions under paragraph 63.”.
Annotations
Textual amendments
- F1
Sch. 2 substituted (1.7.2005) by The Insolvent Partnerships (Amendment) Order 2005 (S.I. 2005/1516), art. 1(1), Sch. 1 (with art. 2)
- F2
Words in Sch. 2 para. 17 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 11(b)
Modifications
- C1
Sch. 2 para. 17 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 2 paras. 3-6 (with reg. 5 (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4))