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Paragraph 16 Ending of special administration (bank administration) (dissolution or voluntary arrangement

United Kingdom

(1)

This section applies if—

(a)

the Bank of England has given an Objective A Achievement Notice;

(b)

the administrator believes that Objectives 1 and 2 have been sufficiently achieved; and

(c)

the administrator pursues the second part of Objective 3 (as set out in regulation 10(1)(c)(ii)).

(2)

The administrator may—

(a)

give a notice under paragraph 84 of Schedule B1 (as applied by regulation 15); or

(b)

make a proposal in accordance with Part 1 of the Insolvency Act (company voluntary arrangement).

(3)

Part 1 of the Insolvency Act shall apply to a proposal made by an administrator with the following modifications—

(a)

in section 3 (summoning of meetings), subsection (2) (and not (1)) applies;

(b)

the action that may be taken by a court under section 5(3) (effect of approval) includes suspension of the special administration order; F1...

F2(ba)

sections 2 to 6 and 7 F3... have effect without the amendments of those provisions made by paragraphs 2 to F48 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (further amendments relating to the abolition of requirements to hold meetings: company voluntary arrangements); and

(c)

on the termination of a company voluntary arrangement the administrator may apply to the court to lift the suspension of the special administration order.

Annotations

Textual amendments

F1

Word in Sch. 2 para. 16(3)(b) omitted (13.3.2018) by virtue of The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 13(6)(d)

F2

Sch. 2 para. 16(3)(ba) 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), 13(6)(d)

F3

Words in Sch. 2 para. 16(3)(ba) omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 48(a) (with ss. 2(2), 5(2))

F4

Word in Sch. 2 para. 16(3)(ba) substituted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 3 para. 48(b) (with ss. 2(2), 5(2))