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Change 1
As published
61 Restriction on making winding-up order in respect of protected railway company.
(1) Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—
(a) notice of the petition has been served on—
(i) the appropriate national authority ; and
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a period of at least fourteen days has elapsed since the service of that notice.
(2) Where a petition for the winding up of a protected railway company has been presented—
(a) the appropriate national authority , . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.
(3) Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4) In this section “the court” has the same meaning as in section 59 above.
Your change, as a redline
61 Restriction on making winding-up order in respect of protected railway company.
(1) Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—
(a) notice of the petition has been served on—
(i) the appropriate national authority ; and
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a period of at least fourteen days has elapsed since the service of that notice.
(2) Where a petition for the winding up of a protected railway company has been presented—
(a) the appropriate national authority , . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.
(3) Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4) In this section “the court” has the same meaning as in section 59 above.
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