The Companies Act 1989 (Commencement No.10 and Saving Provisions) Order 1991

• Citation: S.I. 1991/878
• Sections: 3

Section 1 Citation and interpretation

(1) This Order may be cited as the Companies Act 1989 (CommencementNo.10 and Saving Provisions) Order 1991.

(2) In this Order and in the Schedule hereto—

(a) “ the Act ” means the Companies Act 1989;

(b) “insolvency proceedings” means proceedings of the kinds referred to in section 182(2) and(3) of the Act and also includes proceedings conducted by anadministrative receiver; and

(c) references to insolvency proceedings having begun shall be construedin accordance with section 182(2) and (3) of the Act and, in the case ofproceedings conducted by an administrative receiver, shall mean the timeat which the administrative receiver was appointed.

Section 2 Provisions of the Act brought into force by the Order

The provisions of the Companies Act 1989 specified in the firstcolumn of the Schedule to this Order shall come into force on 25th April1991 subject to the savings specified in article 3 of this Order.

Section 3 Saving provisions

(1) Section 157 of the Act shall not have effect in relation to aproposal made before the section comes into force.

(2) Section 160 of the Act shall not impose a duty on any person whereinsolvency proceedings relating to the defaulter in question have begunbefore the section comes into force.

(3) Section 166 of the Act shall not have effect to enable a directionto be given where insolvency proceedings relating to the person inquestion have begun before the section comes into force.

(4) Sections 174(1) and 175 of the Act shall not have effect where therelevant insolvency proceedings have begun before the section comes intoforce.

(5) Section 177 of the Act shall not have effect where the property isheld as margin at the time the section comes into force.

(6) Section 179 of the Act shall not have effect where the property issubject to the relevant market charge at the time the section comes intoforce.

(7) Section 180 of the Act shall not have effect to prevent the continuation of any execution or other legal process commenced, or the continued levying of any distress begun, before the section comes into force.