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Amendment of section 6 of Act of 1990.
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16.—Section 6 of the Act of 1990 is hereby amended—
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(a) in subsection (1), by the substitution for “Where the court appoints an examiner to a company and” of “Where, at the date of the presentation of a petition under section 2 in relation to a company,”,
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(b) in subsection (2), by the substitution for “Where the court appoints an examiner to a company and” of “Where, at the date of the presentation of a petition under section 2 in relation to a company,”, and
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(c) by the substitution for subsection (3) of the following subsection:
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“(3) The court shall not make an order under paragraph (a) or (b) of subsection (1) or paragraph (c) of subsection (2) unless the court is satisfied that there is a reasonable prospect of the survival of the company, and the whole or any part of its undertaking, as a going concern.”,
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and the said subsection (1), as so amended, (other than paragraphs (a) to (d) thereof) and the said subsection (2), as so amended, (other than paragraphs (a) to (e) thereof) are set out in paragraph 1 and 2, respectively, of the Table to this section.
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TABLE
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1. (1) Where, at the date of the presentation of a petition under section 2 in relation to a company, a receiver stands appointed to the whole or any part of the property or undertaking of that company the court may make such order as it thinks fit including an order as to any or all of the following matters—
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2. (2) Where, at the date of the presentation of a petition under section 2 in relation to a company, a provisional liquidator stands appointed to that company, the court may make such order as it thinks fit including an order as to any or all of the following matters—
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