HC Deb 22 July 1985 vol 83 cc790-1

In section 22(4)(a)(ii) ("insolvency" for purposes of refund of tax in cases of bad debts), for the words "163 of the Bankruptcy (Scotland) Act 1913" there shall be substituted the words "11A of the Judicial Factors (Scotland) Act 1889".'.

No. 53, in page 97, line 2, after 'applies', insert 'and— (a) the winding up of a company has commenced,'

No. 54, in page 97, line 3, leave out 'a' and insert 'the'.

No. 55, in page 97, line 4, leave out '(a)' and insert '(i)'

No. 56, in page 97, line 5, after 'the' insert 'date of such'.

No. 57, in page 97, line 6. leave out 'of the winding up of the company'.

No. 58, in page 97, line 7, leave out '(b)' and insert '(ii)'.

No. 59, in page 97, line 7, at end insert— '; (b) an administration order is in force in relation to a company, an alienation by the company is challengeable by the administrator.'.

No. 60, in page 97, line 15, leave out from '(b)', to 'the' in line 17.

No. 61, in page 97, line 18, leave out '(c)' and insert '(b)'

No. 62, in page 97, line 26, leave out 'the commencement of and insert 'the date on which— (i)'.

No. 63, in page 97, line 27, after 'company', insert 'commences: or (ii) as the case may be, the administration order is made'.

No. 64, in page 97, line 29, leave out 'commencement' and insert 'date'.

No. 65, in page 97, line 30, after '(4)', insert 'to'.

No. 66, in page 97, line 38, after 'liquidator', insert 'and, after the coming into force of Chapter III of Part II of the Insolvency Act 1985, an administrator appointed thereunder'.

No. 67, in page 97, line 38, at end insert— '(5) In subsections (1) to (3) above, any reference to an administrator or to an administration order—

  1. (a) shall be construed in accordance with Chapter III of Part II of the Insolvency Act 1985; and
  2. (b) shall be of no effect until the coming into force of that Chapter.
(6) This section extends to Scotland only.'.

No. 68, in page 97, line 39, leave out 'In the winding up of a company registered in Scotland'.

No. 69, in page 97, line 41 leave out from 'preferences)' to end of line 19 on page 98 and insert 'applies for the purposes of this Act as it applies for the purposes of that Act but as if—

  1. (a) for any reference to a debtor there is substituted a reference to a company;
  2. (b) in subsection (1), for paragraphs (a) to (c) there are substituted the words "the commencement of the winding up of the company or the making of an administration order in relation to the company.";
  3. (c) in subsection (4) for paragraphs (a) and (b) there are substituted the following paragraphs—
    1. "(a) in the case of a winding up—
      1. (i)any creditor who is a creditor by virtue of a debt incurred on or before the date of commencement of the winding up; or
      2. (ii) the liquidator; and
    2. (b) in the case of an administration order, the administrator.";
  4. (d) in subsection (6), for the words from the beginning to "1889" there are substituted the words "A liquidator and an administrator"; and
  5. (e) for subsection (7) there is substituted the following subsection—

"(7) This section shall be construed as one with Part XX of the Companies Act 1985; and subsection (5) of section 615A of that Act shall apply in relation to the foregoing provisions of this section as it applies in relation to subsections (1) to (3) of that section.".

(2) This section applies to Scotland only.'.—[The Solicitor-General for Scotland]

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