HC Deb 17 June 2002 vol 387 cc74-5

41A (1) The Employment Rights Act 1996 shall be amended as follows.

(2) In section 166(7) (application by employee for payment by Secretary of State)—

  1. (a) in paragraph (a) omit "or an administration order", and
  2. (b) after paragraph (a) insert—
  3. "(aa) if the company is in administration for the purposes of the Insolvency Act 1986,".

(3) In section 183(3)(a) (insolvency of employer)—

  1. (a) in paragraph (a) omit "or an administration order", and
  2. (b) after paragraph (a) insert—
  3. "(aa) if the company is in administration for the purposes of the Insolvency Act 1986,".

(4) Omit section 189(4) (transfer to Secretary of State of rights and remedies: priority of preferential debts).'.

No. 349, in page 284, leave out lines 17 to 24 and insert—

'(7) Subsections (8) and (9) apply in relation to the reference in subsection (3) to applying for an administration order.

(8) In a case where an administrator is appointed under paragraph 12 or 20 of Schedule B1 to the Insolvency Act 1986 (appointment by floating charge holder, company or directors)—

  1. (a) the reference includes a reference to appointing an administrator under that paragraph, and
  2. (b) in respect of an appointment under either of those paragraphs the reference to the applicant shall be taken as a reference to the person making the appointment.

(9) In a case where a copy of a notice of intention to appoint an administrator under either of those paragraphs is filed with the court—

  1. (a) the reference shall be taken to include a reference to the filing of the copy of the notice, and
  2. (b) in respect of the filing of a copy of a notice of intention to appoint under either of those paragraphs the reference to the applicant shall be taken as a reference to the person giving the notice.'.

No. 350, in page 284, line 28, leave out "applying for" and insert "the making of".

No. 351, in page 284, line 37, leave out "In section 215(3)" and insert "Section 215".

No. 352, in page 284, line 38, after "insolvency)", insert—

'shall be amended as follows.

(2) In subsection (3)'.

No. 353, in page 284, line 41, at end insert—

'(3) After subsection (3) insert—

"(3A) In subsection (3) the reference to making an administration application includes a reference to—

  1. (a) appointing an administrator under paragraph 12 or 20 of Schedule B1 to the 1986 Act, or
  2. (b) filing with the court a copy of notice of intention to appoint an administrator under either of those paragraphs."'.

No. 140, in page 284, line 41, at end insert—

'46A For section 359 (administration order) substitute—

"359 Administration order

(1) The Authority may make an administration application under Schedule B1 to the 1986 Act (or present a petition under Article 22 of the 1989 Order) in relation to a company or insolvent partnership which—

  1. (a) is or has been an authorised person,
  2. (b) is or has been an appointed representative, or
  3. (c) is carrying on or has carried on a regulated activity in contravention of the general prohibition.

(2) Subsection (3) applies in relation to an administration application made (or a petition presented) by the Authority by virtue of this section.

(3) Any of the following shall be treated for the purpose of paragraph 9(a) of Schedule B1 to the 1986 Act (or Article 21(1)(a) of the 1989 Order) as unable to pay its debts—

  1. (a) a company or partnership in default on an obligation to pay a sum due and payable under an agreement, and
  2. (b) an authorised deposit taker in default on an obligation to pay a sum due and payable in respect of a relevant deposit.

(4) In this section—

"agreement" means an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the company or partnership,

"authorised deposit taker" means a person with a Part IV permission to accept deposits (but not a person who has a Part IV permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission),

"company" means a company—

  1. (a) in respect of which an administrator may be appointed under Schedule B1 to the 1986 Act, or
  2. (b) to which Article 21 of the 1989 Order applies, and

"relevant deposit" shall, ignoring any restriction on the meaning of deposit arising from the identity of the person making the deposit, be construed in accordance with—

  1. (a) section 22,
  2. (b) any relevant order under that section, and
  3. (c) Schedule 2.

(5) The definition of "authorised deposit taker" in subsection (4) shall be construed in accordance with—

  1. (a) section 22,
  2. (b) any relevant order under that section, and
  3. (c) Schedule 2."'.

No. 354, in page 285, line 21, after "to", insert—

'(a)'.

No. 355, in page 285, line 24, after "(c).",", insert "or

  1. (b) the filing with the court of a copy of notice of intention to appoint an administrator under either of those paragraphs."'.—[Miss Melanie Johnson.]

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