HC Deb 26 October 1989 vol 158 c1230

Amendments made: No. 216, in page 172, line 29, leave out subsections (1) to (3) and insert— `(1) The following provisions of the Insolvency Act 1986 (which relate to administration orders and administrators) do not apply in relation to a market charge—

  1. (a) sections 10(1)(b) and 11(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force), and
  2. (b) section 15(1) and (2) (power of administrator to deal with charged property); and section 11(2) of that Act (receiver to vacate office when so required by administrator) does not apply to a receiver appointed under a market charge.

(2) However, where a market charge falls to be enforced after an administration order has been made or a petition for an administration order has been presented, and there exists another charge over some or all of the same property ranking in priority to or pari passu with the market charge, the court may order that there shall be taken after enforcement of the market charge such steps as the court may direct for the purpose of ensuring that the chargee under the other charge is not prejudiced by the enforcement of the market charge.

(3) The following provisions of the Insolvency Act 1986 (which relate to the powers of receivers) to not apply in relation to a market charge—

  1. (a) section 43 (power of administrative receiver to dispose of charged property), and
  2. (b) section 61 (power of receiver in Scotland to dispose of an interest in property).'.

No. 217, in page 172, line 37, leave out subsections (4) and (5) and insert— '(4) Sections 127 and 284 of the Insolvency Act 1986 (avoidance of property dispositions effected after commencement of winding up or presentation of bankruptcy petition), and section 32(8) of the Bankruptcy (Scotland) Act 1985 (effect of dealing with debtor relating to estate vested in permanent trustee), do not apply to a disposition of property as a result of which the property becomes subject to a market charge or any transaction pursuant to which that disposition is made. (5) However, if a person (other than the chargee under the market charge) who is party to a disposition mentioned in subsection (4) has notice at the time of the disposition that a petition has been presented for the winding up or bankruptcy or sequestration of the estate of the party making the disposition, the value of any profit to him arising from the disposition is recoverable from him by the relevant office-holder unless the court directs otherwise.'.

No. 218, in page 173, line 6, at end insert— '(7) In a case falling within both subsection (4) above (as a disposition of property as a result of which the property becomes subject to a market charge) and section 154(2) (as the provision of margin in relation to a market contract), section 154(3) applies with respect to the recovery of the amount or value of the margin and subsection (5) above does not apply.'.—[Mr. Redwood.]

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