Postal Services Act 2011

Part 2Further modifications of Schedule B1 to 1986 Act: foreign companies

Introductory

32(1)This Part of this Schedule applies in the case of a postal administration order applying to a foreign company.

(2)The provisions of Schedule B1 to the 1986 Act mentioned in paragraph 1 above (as modified by Part 1 of this Schedule) have effect in relation to the company with the further modifications set out in this Part of this Schedule.

(3)The Secretary of State may by order amend this Part of this Schedule so as to add more modifications.

(4)An order under this paragraph is subject to negative resolution procedure.

33In paragraphs 34 to 39—

(a)the provisions of Schedule B1 to the 1986 Act that are mentioned in paragraph 1 above are referred to as the applicable provisions, and

(b)references to those provisions, or to provisions comprised in them, are references to those provisions as modified by Part 1 of this Schedule.

Modifications

34In the case of a foreign company—

(a)paragraphs 42(2), 83 and 84 of Schedule B1 to the 1986 Act do not apply,

(b)paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies), and

(c)paragraph 61 of that Schedule does not apply.

35(1)The applicable provisions and Schedule 1 to the 1986 Act (as applied by paragraph 60(1) of Schedule B1 to that Act) are to be read by reference to the limitation imposed on the scope of the postal administration order in question as a result of section 68(4) above.

(2)Sub-paragraph (1) has effect, in particular, so that—

(a)a power conferred, or duty imposed, on the postal administrator by or under the applicable provisions or Schedule 1 to the 1986 Act is to be read as being conferred or imposed in relation to the company’s UK affairs, business and property,

(b)references to the company’s affairs, business or property are to be read as references to its UK affairs, business and property,

(c)references to goods in the company’s possession are to be read as references to goods in its possession in the United Kingdom,

(d)references to premises let to the company are to be read as references to premises let to it in the United Kingdom, and

(e)references to legal process instituted or continued against the company or its property are to be read as references to such legal process relating to its UK affairs, business and property.

36Paragraph 41 of Schedule B1 to the 1986 Act (dismissal of receivers) is to have effect as if—

(a)for sub-paragraph (1) there were substituted—

“(1)Where a postal administration order takes effect in respect of a company—

(a)a person appointed to perform functions equivalent to those of an administrative receiver, and

(b)if the postal administrator so requires, a person appointed to perform functions equivalent to those of a receiver,

must refrain, during the period specified in sub-paragraph (1A), from performing those functions in the United Kingdom or in relation to any of the company’s property in the United Kingdom.

(1A)That period is—

(a)in the case of a person mentioned in sub-paragraph (1)(a), the period while the company is in postal administration, and

(b)in the case of a person mentioned in sub-paragraph (1)(b), during so much of that period as is after the date on which the person is required by the postal administrator to refrain from performing functions.”, and

(b)sub-paragraphs (2) to (4) were omitted.

37Paragraph 43(6A) of Schedule B1 to the 1986 Act (moratorium on appointment to receiverships) is to have effect as if for “An administrative receiver” there were substituted “A person with functions equivalent to those of an administrative receiver”.

38Paragraph 44(7) of Schedule B1 to the 1986 Act (proceedings to which interim moratorium does not apply) is to have effect as if for paragraph (d) there were substituted—

“(d)the carrying out of functions by a person who (whenever appointed) has functions equivalent to those of an administrative receiver of the company.”

39Paragraph 64 of Schedule B1 to the 1986 Act (general powers of administrator) is to have effect as if—

(a)in sub-paragraph (1), after “power” there were inserted “in relation to the affairs or business of the company so far as carried on in the United Kingdom or to its property in the United Kingdom”, and

(b)in sub-paragraph (2)(b), after “instrument” there were inserted “or by the law of the place where the company is incorporated”.