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The Water Industry (Special Administration) Regulations 2024
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- UK Statutory Instruments
- 2024 No. 205
- PART 2
- Regulation 5
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5.—(1) The provisions of the 1986 Act mentioned in tables 1 and 2 apply in relation to special administration(1) as they apply in relation to administration but with the modifications set out in Parts 3 and 4 of these Regulations.
Table 1
Schedule B1 to the 1986 Act
| Paragraphs | Description |
|---|---|
| 1 | Interpretation |
| 4 to 6 | Administrator’s duties, status and qualifications |
| 13 | Powers of court |
| 40 to 49 | Effect of administration |
| 54 | Revision of administrator’s proposals |
| 59 to 75 | Administrators: powers, duties, agency, property, challenge, misfeasance |
| 79 | Ending administration |
| 83 to 91 | Moving to other insolvency procedures, discharge and replacement |
| 95 | Appointment of replacement administrator by the court |
| 98 to 104 | Discharge of administrator’s liability, general provisions |
| 106 | Penalties |
| 107 | Extension of time limits |
| 109 to 111 | Provisions about time and interpretation |
Table 2
Other provisions of the 1986 Act
| Provisions | Description |
|---|---|
| section A16 | Company enters into insolvency procedure etc |
| section A43 | Challenges to monitor remuneration in insolvency proceedings |
| sections 1 to 7B | Company voluntary arrangements |
| section 72A | Floating charge holder not to appoint administrative receiver |
| section 133 | Public examination of officers |
| section 140 | Court appointment after administration or voluntary arrangement |
| section 214 | Wrongful trading |
| sections 233 to 237 | Management by administrators, liquidators etc |
| sections 238 to 241 | Transactions at an undervalue and preferences |
| section 244 | Extortionate credit transactions |
| section 245 | Avoidance of certain floating charges |
| section 246 | Unenforceability of liens on books etc |
| sections 246ZA to 246ZC | Fraudulent and wrongful trading |
| section 246ZD | Power to assign certain causes of action |
| sections 246A to 246C | Remote meetings, use of websites, creditors’ opt-out of notices |
| section 411 | Power to make insolvency rules |
| section 413 | Insolvency Rules Committee |
| section 424 | Those who may apply for an order under section 423 |
| section 426 | Cooperation between courts exercising insolvency law jurisdiction |
| Schedule ZA1, paragraph 2 | Moratorium: eligible companies |
| Schedule 1 | Powers of administrator or administrative receiver |
| Schedule 8 | Provisions capable of inclusion in company insolvency rules |
| Schedule 10 | Punishment of offences under the 1986 Act |
(2) The provisions of Schedule B1 to the 1986 Act that are not mentioned in table 1 do not apply to special administration(2).
(1)
See section 23(3A) and (3B) of the Water Industry Act 1991 (c. 56).
(2)
Section 23(3) of the Water Industry Act 1991 (as substituted by paragraph 6 of Schedule 5 to the Flood and Water Management Act 2010) applies to special administration the provisions of Schedule B1 to the Insolvency Act 1986. Section 23(3A) of that Act confers on the Secretary of State a power to make regulations that disapply those provisions.
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