{
  "url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-guernsey-order-1993/article-10",
  "json_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-guernsey-order-1993/article-10.json",
  "legislation": "uksi/1993/1798",
  "legislation_title": "The Iraq (United Nations) (Sequestration of Assets) (Guernsey) Order 1993",
  "legislation_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-guernsey-order-1993",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Scope of Third Party Rights",
  "text": "(1) For the purposes of this Order and without prejudice to the existence of third party rights in other circumstances, but subject as provided in paragraph (2) below—\n(a) a person claiming to be a creditor of a company which is an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled—\n(i) by virtue of having proved a debt after the company has passed a resolution for voluntary winding-up under the Companies Laws; or\n(ii) by virtue of having proved a debt after a winding-up order has been made in respect of the company under the Companies Laws; or\n(iii) where a provisional liquidator has been appointed in respect of the company under the Companies Laws, by virtue of being a person who would have been eligible to prove a debt had the company passed a resolution for voluntary winding-up as described in sub-paragraph (a)(i) above or had a winding-up order made against it as described in sub-paragraph (a)(ii) above on the date when the provisional liquidator was appointed;\n(b) a person claiming to be a creditor of an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt after that person has been declared insolvent by the Royal Court, after that person’s affairs have been declared in a state of désastre by arresting creditors at a meeting held before a Commissioner, or after a preliminary vesting order has been made against that person’s real property in the Bailiwick.\n(2) Where the Attorney General has reason to believe or to suspect that, notwithstanding the application of one of the conditions described in paragraph (1) above, a person claiming to be the creditor of an Iraqi person does not have or may not have rights as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled he shall examine all the relevant facts before reaching a conclusion on the existence of third party rights in the circumstances.\n(3) A person shall not be treated as having rights as a third party to funds or to petroleum or petroleum products unless—\n(a) his rights are contingent on an Iraqi person’s entitlement to the funds or, as the case may be, to the petroleum or petroleum products; and\n(b) he is not an Iraqi person.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/1798/article/10",
    "retrieved_at": "2026-10-29T13:53:28.388206+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}