C2C3 Part VII Financial Markets and Insolvency

Annotations:
Modifications etc. (not altering text)
C2

Pt. VII (ss. 154-191): functions of the Secretary of State transferred (7.6.1992) to the Treasury by S.I. 1992/1315, art. 2(1)(c) (with art. 6)

Pt. VII (ss. 154-191) applied (E.W.S.) (15.8.1995) by S.I. 1995/2049, reg.3; and applied (with modifications) (E.W.S.) (15.8.1995) by S.I. 1995/2049, regs.3,4,5,19, 26; and applied (with modifications) (15.7.1996) by S.I. 1996/1469, regs.3, 4, 5

C3

Pt. VII: power to apply conferred (1.12.2001) by 2000 c. 8, s. 301(1)(a); S.I. 2001/3538, art. 2(1)

F7Recognised bodies

Annotations:
Amendments (Textual)

I1C1161 Supplementary provisions as to default proceedings.

1

If the court is satisfied on an application by a relevant office-holder that a party to a market contract with a defaulter intends to dissipate or apply his assets so as to prevent the office-holder recovering such sums as may become due upon the completion of the default proceedings, the court may grant such interlocutory relief (in Scotland, such interim order) as it thinks fit.

2

A liquidatorF4, administrator or trustee of a defaulter or, in Scotland, a F6trustee in the sequestration of the estate of the defaulter shall not—

a

declare or pay any dividend to the creditors, or

b

return any capital to contributories,

unless he has retained what he reasonably considers to be an adequate reserve in respect of any claims arising as a result of the default proceedings of F9the recognised body concerned.

3

The court may on an application by a relevant office-holder make such order as it thinks fit altering or dispensing from compliance with such of the duties of his office as are affected by the fact that default proceedings are pending or could be taken, or have been or could have been taken.

C44

Nothing in F1section 126, 128, 130, 185 or 285 of, or paragraph F240, 41, 42 or 43 (F3including those paragraphs as applied by paragraph 44) of Schedule B1 to, the Insolvency Act 1986 (which restrict the taking of certain legal proceedings and other steps), and nothing in any rule of law in Scotland to the like effect as the said section 285, in the Bankruptcy (Scotland) Act M1F52016 or in the Debtors (Scotland) Act M2 as to the effect of sequestration, shall affect any action taken by F8a recognised body for the purpose of its default proceedings.