Article 141P InsolvencyF1

(1)

Proceedings for a prohibition order may not be taken or continued in respect of property to which paragraph (2) applies unless the appropriate court gives leave and the proceedings are taken or (as the case may be) continued in accordance with any terms imposed by that court.

(2)

This paragraph applies to relevant property if—

(a)

it is an asset of a company being wound up in pursuance of a resolution for voluntary winding up,

(b)

it is an asset of a company and a voluntary arrangement under Part 1 of the 1986 Act, or Part 2 of the 1989 Order, has effect in relation to company,

(c)

an order under F2... section 286 of the 1986 Act F3, section 54 of the 2016 Act or Article 259 of the 1989 Order (appointment of interim trustee or interim receiver) has effect in relation to the property,

(d)

it is an asset comprised in the estate of an individual who has been adjudged bankrupt, or of a person whose estate has been sequestrated,

(e)

it is an asset of an individual and a voluntary arrangement under Part 8 of the 1986 Act, or Part 8 of the 1989 Order, has effect in relation to them, or

(f)

it is property comprised in the estate of a person who has granted a trust deed within the meaning of the F42016 Act.

(3)

An application under this article, or under any provision of the 1986 Act or the 1989 Order, for leave to take proceedings in relation to relevant property may be made without notice to any person.

(4)

Paragraph (3) does not affect any requirement for notice of an application to be given to any person acting as an insolvency practitioner or to the official receiver (whether or not acting as an insolvency practitioner).

(5)

References to the provisions in the 1986 Act in sections 420 or 421 of that Act, or to the provisions of the 1989 Order in Articles 364 or 365 of that Order, (insolvent partnerships and estates of deceased persons) include paragraphs (1) and (2) above.

Annotations

Textual amendments

F1: Pts. 4A, 4B inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3
F2: Words in art. 141P(2)(c) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 39(4)(a)(i)
F3: Words in art. 141P(2)(c) inserted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 39(4)(a)(ii)
F4: Word in art. 141P(2)(f) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 39(4)(b)