Paragraph 15 Section 140: Appointment by the court following administration or voluntary arrangementI1

Section 140 is modified so as to read as follows—

“140

(1)

This section applies where insolvency orders are made in respect of an insolvent partnership and one or more of its insolvent members by virtue of article 8 of the Insolvent Partnerships Order 1994.

(2)

Where the orders referred to in subsection (1) are made immediately upon the F1appointment of an administrator in respect of the partnership ceasing to have effect, the court may appoint a responsible insolvency practitioner the person whose appointment as administrator has ceased to have effect.

(3)

Where the orders referred to in subsection (1) are made at a time when there is a supervisor of a voluntary arrangement approved in relation to the partnership under Part I, the court may appoint as responsible insolvency practitioner the person who is the supervisor at the time when the winding-up order against the partnership is made.

(4)

Where the court makes an appointment under this section, the official receiver does not become the responsible insolvency practitioner as otherwise provided by section 36(2), and F2section 136(5)(a) and (b) does not apply ”.