{
  "url": "https://openlegislation.uk/railways-act-1993/section-61",
  "json_url": "https://openlegislation.uk/railways-act-1993/section-61.json",
  "legislation": "ukpga/1993/43",
  "legislation_title": "Railways Act 1993",
  "legislation_url": "https://openlegislation.uk/railways-act-1993",
  "path": "section/61",
  "kind": "section",
  "number": "61",
  "heading": "Restriction on making winding-up order in respect of protected railway company.",
  "text": "(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—\n(a) notice of the petition has been served on—\n(i) the appropriate national authority ; and\n(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) a period of at least fourteen days has elapsed since the service of that notice.\n(2) Where a petition for the winding up of a protected railway company has been presented—\n(a) the appropriate national authority , . . .\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nmay, 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.\n(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 Insolvency 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.\n(4) In this section “the court” has the same meaning as in section 59 above.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 61(1)(a)(ii) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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."
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1986 c. 45."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 61 restricted (18.12.1996) by 1996 c. 61, s. 19(7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1993/43/section/61",
    "retrieved_at": "2026-10-29T09:34:47.841849+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."
}