Schedule 6
[Schedule 15A TO 1986 ACT]
Application of Other companies Insolvency Legislation to Building Societies.
Part I
General Mode of Application
1.-
(1) Subject to the provisions of this Schedule, the enactments specified in sub-paragraph (2) below (referred to in this Schedule as "the enactments") apply in relation to building societies as they apply in relation to companies limited by shares and registered under the Companies Act 1985 or (as the case may be) the Companies (Northern Ireland) Order 1986.
(2) The enactments referred to in sub-paragraph (1) above are-
2.-
(1) The enactments shall, in their application to building societies, have effect with the substitution-
(2) In the application of the enactments to building societies-
3.-
4.-
5.-
Any enactment which specifies a money sum altered by order under section 416 of the Insolvency Act 1986, or, as the case may be, Article 362 of the Insolvency (Northern Ireland) Order 1989, (powers to alter monetary limits) applies with the effect of the alteration.
Part II
Modified Application of Parts I and II and Chapter I OF Part III Of Insovency Act 1986
Preliminary
6. In this Part of this Schedule, the Insolvency Act 1986 is referred to as "the Act".
Voluntary arrangements
7. Section 1 of the Act (proposals for voluntary arrangements) has effect as if-
8. In section 2 (procedure where nominee is not liquidator or administrator) and section 3 (summoning of meetings) of the Act as applied to a building society, any reference to a meeting of the society is a reference to-
9. In section 6 of the Act (challenge of decisions) as applied to a building society, "contributory"-
Administration orders
10. -
(1) Section 8 of the Act (power of court to make administration order) has effect as if it included provision that, where-
(2) In subsection (3) of that section, paragraph (c) and, in subsection (4) of that section, the words from "nor where" to the end are omitted.
11. -
(1) Subsection (1) of section 9 of the Act (application for administration order) as applied to a building society has effect as if-
(2) In subsection (2)(a) of that section as so applied, the reference to any person who has appointed, or is or may be entitled to appoint, an administrative receiver of the society is a reference to the Commission (unless it is a petitioner).
(3) Subsection (3) of that section, and in subsection (4) of that section, the words "Subject to subsection (3)," are omitted.
12.
In section 10 of the Act (effect of application for administration order), the following are omitted, namely-
13.
In section 11 of the Act (effect of administration order), the following are omitted, namely-
14.
In subsection (1) of section 12 of the Act (notification of administration order), the reference to every invoice, order for goods or business letter is a reference to every statement of account, order for goods or services, business letter or advertisement.
15.
Subsection (3) of section 13 of the Act (appointment of administrator) has effect as if it enabled an application for an order under subsection (2) of that section to be made by the Commission.
16. -
(1) Subject to sub-paragraph (2) below, section 14 of the Act (general powers of administrator) has effect as if it required the administrator of a building society, in exercising his powers under that section-
(2) Sub-paragraph (1)(a) above does not apply in relation to section 5, 6 or 7 of this Act or paragraph (a) of the seventh criterion in section 45(3) of this Act.
(3) In subsection (4) of that section as applied to a building society, the reference to any power conferred by the Act or the Companies Act 1985 or by the memorandum or articles of association is a reference to any power conferred by this Act or by the society's memorandum or rules.
(4) Subsection (8) of section 45 of this Act applies for the purposes of sub-paragraph (1)(b) above as it applies for the purposes of the seventh criterion in subsection (3) of that section.
17.-
(1) Subject to sub-paragraph (3) below, paragraph 16 of Schedule 1 to the Act (powers of administrators) as applied to a building society has effect as if it conferred power to transfer liabilities in respect of deposits with or shares in the society.
(2) No transfer under that paragraph shall be a transfer of engagements for the purposes of Part X of this Act.
(3) No transfer under that paragraph which, apart from sub-paragraph (2) above, would be a transfer of engagements for the purposes of that Part shall be made unless it is approved by the court, or by meetings summoned under section 23(1) or 25(2) of the Act (as modified by paragraph 21 or 23 below).
18.
In section 15 of the Act (power to deal with charged property etc.)-
"(3) Subsection (2) applies to any security other than one which, as created, was a floating charge."
19.-
(1) Section 17 of the Act (general duties of administrator) has effect as if, instead of the requirement imposed by subsection (3), it required the administrator of a building society to summon a meeting of the society's creditors if-
(2) That section also has effect as if it required the administrator of a building society to summon a meeting of the society's shareholding members if-
20.
In subsection (4) of section 19 of the Act (vacation of office) as applied to a building society, the words "in priority to any security to which section 15(1) then applies" are omitted.
21. -
(1) Subsection (1) of section 23 of the Act (statement of proposals) as applied to a building society has effect as if-
(2) In subsection (2) of that section as so applied, references to members of the society do not include references to holders of shares in the society.
22.
Section 24 of the Act (consideration of proposals by creditors' meeting) as applied to a building society has effect as if any reference to a meeting of creditors included a reference to a meeting of holders of shares in the society.
23.-
(1) Section 25 of the Act (approval of substantial revisions) as applied to a building society has effect as if-
(2) In subsection (3) of that section as so applied, references to members of the society do not include references to holders of shares in the society.
24.
Subsection (1) of section 27 of the Act (protection of interests of creditors and members) has effect-
Receivers and managers
25.
In section 38 of the Act (receivership accounts), "prescribed" means prescribed by regulations made by statutory instrument by the Commission.
26.
In subsection (1) of section 39 of the Act (notification that receiver or manager appointed), the reference to every invoice, order for goods or business letter is a reference to every statement of account, order for goods or services, business letter or advertisement.
27.
Section 40 (payment of debts out of assets subject to floating charge) and sections 42 to 49 (administrative receivers) of the Act are omitted.