Paragraph 18 C1F1
Paragraph 43 is modified so as to read as follows—
“43.(1)This paragraph applies to a partnership in administration.
(2)No step may be taken to enforce security over the partnership property except—
(a)with the consent of the administrator, or
(b)with the permission of the court.
(3)No step may be taken to repossess goods in the partnership’s possession under a hire-purchase agreement except—
(a)with the consent of the administrator, or
(b)with the permission of the court.
(4)A landlord may not exercise a right of forfeiture by peaceable re-entry in relation to premises forming part of the partnership property or let to one or more officers of the partnership in their capacity as such except—
(a)with the consent of the administrator, or
(b)with the permission of the court.
(5)No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the partnership or partnership property except—
(a)with the consent of the administrator, or
(b)with the permission of the court.
(6)An agricultural receiver of the partnership may not be appointed.
(7)Where the court gives permission for a transaction under this paragraph it may impose a condition on or a requirement in connection with the transaction.
(8)In this paragraph “landlord” includes a person to whom rent is payable.”.
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)
Modifications
- C1
Sch. 2 para. 18 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))