Regulation 20 Reorganisation controller's powers: administration orders in respect of members

United Kingdom

(1)

The reorganisation controller may make an administration application under paragraph 12 of Schedule B1 F1or under paragraph 13 of Schedule B1 to the 1989 Order in respect of a member or former member.

(2)

Paragraphs (3) to (5) apply if—

(a)

a person other than the reorganisation controller makes an administration application under Schedule B1 F2, or under Schedule B1 to the 1989 Order, in relation to a member or former member; and

(b)

an order under regulation 13(3) is not in force in respect of that member.

(3)

The reorganisation controller is entitled to be heard—

(a)

at the hearing of the administration application; and

(b)

at any other hearing of the court in relation to the member under Schedule B1 (or Part 3 of the 1989 Order) F3or under Schedule B1 to the 1989 Order.

(4)

Any notice or other document required to be sent to a creditor of the member must also be sent to the reorganisation controller.

(5)

The reorganisation controller, or a person appointed by him for the purpose, may—

(a)

attend any meeting of creditors of the member summoned under any enactment;

(b)

attend any meeting of a committee established under paragraph 57 of Schedule B1 F4or under paragraph 58 of Schedule B1 to the 1989 Order; and

(c)

make representations as to any matter for decision at such a meeting.

F5(5A)

The reorganisation controller is entitled to participate (but not vote) in a qualifying decision procedure (within the meaning given by section 246ZE(11) of the 1986 Act) by which a decision about any matter is sought from the creditors of the member.

(6)

If, during the course of the administration of a member, a compromise or arrangement is proposed between the member and its creditors, or any class of them, the reorganisation controller may apply to court under F6section 896 F7or section 901C of the 2006 Act.

Annotations

Textual amendments

F1: Words in reg. 20(1) inserted (6.4.2007) by The Insurers (Reorganisation and Winding Up)(Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 3(9)(a)
F2: Words in reg. 20(2)(a) inserted (6.4.2007) by The Insurers (Reorganisation and Winding Up)(Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 3(9)(b)
F3: Words in reg. 20(3)(b) substituted (6.4.2007) by The Insurers (Reorganisation and Winding Up)(Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 3(9)(c)
F4: Words in reg. 20(5)(b) inserted (6.4.2007) by The Insurers (Reorganisation and Winding Up)(Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 3(9)(d)
F5: Reg. 20(5A) inserted (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 10(3) (with reg. 21)
F6: Words in reg. 20(6) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 27(6)
F7: Words in reg. 20(6) inserted (18.7.2020) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) and Consequential Amendments Order 2020 (S.I. 2020/744), arts. 1, 16(3)