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Section 53 Winding up of insurance companies under Companies Acts.

United Kingdom

The court may order the winding up, in accordance with the F1Insolvency Act 1986 or, as the case may be, the F2Insolvency (Northern Ireland) Order 1989, of an insurance company to which this Part of this Act applies and the provisions of F3thethat Act of 1986 or, as the case may be, F4that Order of 1989 shall apply accordingly subject to the modification that the company may be ordered to be wound up on the petition of ten or more policy holders owning policies of an aggregate value of not less than £10,000.

Such a petition shall not be presented except by leave of the court, and leave shall not be granted until a prima facie case has been established to the satisfaction of the court and until security for costs for such amount as the court may think reasonable has been given.

Annotations

Textual amendments

F1

Words inserted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F2

Words in s. 53 substituted (N.I.) (1.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381(2), Sch. 9 para. 33(a); S.R. 1991/411, art. 2

F3

Word substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F4

Words in s. 53 substituted (N.I.) (1.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381(2), Sch. 9 para. 33(b); S.R. 1991/411, art.2

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(b)

Notes on Part II

Modifications

C1

Pt. II (ss. 15-71) restricted (1.1.1993) by S.I. 1992/3218, reg65

Pt. II (ss. 15-71) extended (24.12.1996) by S.I. 1996/3011, reg. 3(1)(b), 10(1)