Provisions the documents cite: art 4(1)–(3)(a) (Insolvency Act 1986 ss.233, 233A and 233B and Schedule 4ZZA applied to partnership voluntary arrangements), art 6(1) and (4)–(5)(a) (Part VI of the Act applied to partnership administration), arts 7 and 9 (Part V applied to winding up the partnership), arts 8(4)–(5)(b) and 10(2)–(3)(b) (Part VI applied to winding up a corporate member)
What it requires
The Order applies the Insolvency Act 1986 to insolvent partnerships in England and Wales. Voluntary arrangements — Part I of and Schedule A1 to the Act apply to an insolvent partnership, modified as set out in Schedule 1 (art 4(1)), and, so far as they relate to company voluntary arrangements, the provisions listed in art 4(3) also apply, including sections 233, 233A and 233B and Schedule 4ZZA in Part VI (art 4(2)–(3)(a); those words substituted from 26 June 2020 by the Corporate Insolvency and Governance Act 2020 Sch 12 para 5). A supply contract term allowing termination because a partnership customer's voluntary arrangement takes effect is therefore subject to s.233B. Administration — Part II of and Schedule B1 to the Act apply, modified as set out in Schedule 2 (art 6(1)), and Part VI of the Act, which contains s.233B, applies so far as it relates to the appointment of an administrator (art 6(4)–(5)(a)); the article does not name s.233B. Winding up — arts 7 and 9 apply Part V of the Act (winding up of unregistered companies) to winding up the partnership itself, modified by Schedules 3 and 5; Part VI is applied by arts 8(4)–(5)(b) and 10(2)–(3)(b) only to the winding up of a corporate member (in its capacity as such) of a partnership being wound up. No other provision of the Order names s.233B, so how far s.233B protects supplies to a partnership in administration or winding up is not stated expressly in the Order and is a matter for advice. Extends to England and Wales.
The instrument itself: https://www.legislation.gov.uk/uksi/1994/2421. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 1 document that cite it
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