{
  "url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-order-1993/article-10",
  "json_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-order-1993/article-10.json",
  "legislation": "uksi/1993/1244",
  "legislation_title": "The Iraq (United Nations) (Sequestration of Assets) Order 1993",
  "legislation_url": "https://openlegislation.uk/iraq-united-nations-sequestration-of-assets-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)—\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 or, in Scotland, submitted a claim after the company has passed a resolution for voluntary winding-up as described in section 84 of the Insolvency Act or article 70 of the Insolvency Order; or\n(ii) by virtue of having proved a debt or, in Scotland, having submitted a claim after a winding-up order has been made in respect of the company under section 125 of the Insolvency Act or article 105 of the Insolvency Order; or\n(iii) where a provisional liquidator has been appointed in respect of the company under section 135 of the Insolvency Act or article 115 of the Insolvency Order, by virtue of being a person who would have been eligible to prove a debt or, in Scotland, to submit a claim had the company passed a resolution for voluntary winding-up as described in sub-paragraph (a)(i) or had a winding-up order made against it as described in sub-paragraph (a)(ii) on the date when the provisional liquidator was appointed; or\n(b) a person claiming to be a creditor of a partnership which is an Iraqi person and is the subject of a winding-up order against it under any provision of the Insolvency Act as applied by an order made under section 420 of that Act or is the subject of a winding-up order against it under any provision of the Insolvency Order as applied by an order made under article 364 of that Order or, in Scotland, has had an award of sequestration made against its estate under section 12 of the Bankruptcy (Scotland) Act 1985 or is the subject of a winding-up order under section 92 of the Banking Act 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 or, in Scotland, submitted a claim after the order or award was made; or\n(c) 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 a bankruptcy order has been made in respect of that person under section 264 of the Insolvency Act or article 238 of the Insolvency Order, or, in Scotland, by virtue of having submitted a claim after an award of sequestration has been made under section 12 of the Bankruptcy (Scotland) Act 1985.\n(2) Where the Treasury have or the Secretary of State has reason to believe or to suspect that, notwithstanding the application of one of the conditions described in paragraph (1), a person claiming to be the creditor of an Iraqi person does not or may not have rights as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled they or 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": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 66."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2001/3649",
      "affecting_title": "The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/1244/article/10",
    "retrieved_at": "2026-10-29T13:56:52.884466+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."
}