Section 61 Restriction on making winding-up order in respect of protected railway company.C1

England, Wales and Scotland

(1)

Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—

(a)

notice of the petition has been served on—

(i)

the F1appropriate national authority ; and

(ii)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a period of at least fourteen days has elapsed since the service of that notice.

(2)

Where a petition for the winding up of a protected railway company has been presented—

(a)

the appropriate national authority , F3. . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.

(3)

Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the M1Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.

(4)

In this section “the court” has the same meaning as in section 59 above.

Annotations

Textual amendments

F1: Words in s. 61(1)(a)(i)(2)(a) substituted (16.10.2005) by Railways Act 2005 (c. 14), s. 49(4)(a); S.I. 2005/2812, art. 2(1), Sch. 1
F2: S. 61(1)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3: S. 61(2)(b) and preceding word repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Marginal citations

M1: 1986 c. 45.

Modifications

C1: S. 61 restricted (18.12.1996) by 1996 c. 61, s. 19(7)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement

I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)