OpenLegislation

Article 10 Application of law about company arrangement or administration to non-company etcF7I1

Northern Ireland

(1)

The Treasury may with the concurrence of the Secretary of State by order provide for a company arrangement or administration provision to apply (with or without modification) in relation to—

(a)

a society registered under section 7(1)(b), (c), (d), (e) or (f) of the Friendly Societies Act 1974 (c. 46),

(b)

a friendly society within the meaning of the Friendly Societies Act 1992 (c. 40), or

(c)

an unregistered friendly society.

C1(2)

The Department may by order provide for F1—

(i)

Part 1A of the 1989 Order (moratorium), or

F2(ii)

a company arrangement or administration provision

to apply (with or without modification) in relation to F3—

(a)

a registered society within the meaning of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969, or

(b)

a credit union within the meaning of the Credit Unions (Northern Ireland) Order 1985.

(3)

In paragraphs (1) and (2) “company arrangement or administration provision” means—

(a)

a provision of Part II of the 1989 Order (company voluntary arrangements),

(b)

a provision of Part III of that Order (administration), F4...

(c)

F5Part 26 of the Companies Act 2006 (compromise or arrangement with creditors) F6, and

(d)

Part 26A of that Act (compromise or arrangement with creditors where company in financial difficulty).

(4)

An order under paragraph (1) or (2) may not provide for a company arrangement or administration provision to apply in relation to a society which is registered as a housing association under Part II of the Housing (Northern Ireland) Order 1992 (NI 15).

(5)

An order under paragraph (1) or (2)—

(a)

may make provision generally or for a specified purpose only,

(b)

may make different provision for different purposes, and

(c)

may make transitional, consequential or incidental provision.

(6)

Provision by virtue of paragraph (5)(c) may, in particular—

(a)

apply a statutory provision (with or without modification);

(b)

amend a statutory provision.

(7)

An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

(8)

An order under paragraph (2) shall be subject to negative resolution.

Annotations

Textual amendments

F1

Art. 10(2)(i) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 36(3)(a) (with ss. 2(2), 5(2))

F2

Words in art. 10(2) renumbered as art. 10(2)(ii) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 36(3)(b) (with ss. 2(2), 5(2))

F3

Words in art. 10(2) substituted (6.4.2018) by Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 (c. 16), s. 17(2), Sch. 1 para. 29; S.R. 2017/217, art. 2(d)

F4

Word in art. 10(3) omitted (26.6.2020) by virtue of Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 29 (with ss. 2(2), 5(2))

F5

Words in art. 10(3)(c) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 253 (with art. 10)

F6

Art. 10(3)(d) and word inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 29 (with ss. 2(2), 5(2))

F7

Word in art. 10 heading inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 7 para. 36(2) (with ss. 2(2), 5(2))

Modifications

C1

Art. 10(2) extended (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 8 para. 56 (with ss. 2(2), 5(2))

Commencement

I1

Art. 10 wholly in operation at 27.3.2006, see art. 1(3) and S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)