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Article 26 Companies to which section 460 applies
For subsection (1) of section 460 of the 1985 Act (order on application of the Secretary of State) substitute -
"(1) If it appears to the Secretary of State that -
(a) the affairs of a company to which this subsection applies are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members, or
(b) any actual or proposed act or omission of a company to which this subsection applies, including an act or omission on its behalf, is or would be so prejudicial,
he may himself (in addition to or instead of presenting a petition for the winding up of the company) apply to the court by petition for an order under this Part.
(1A) Subsection (1) applies to a company in respect of which -
(a) the Secretary of State has received a report under section 437 of this Act;
(b) the Secretary of State has exercised his powers under section 447 or 448 of this Act;
(c) the Secretary of State or the Financial Services Authority has exercised his or its powers under Part 11 of the Financial Services and Markets Act 2000; or
(d) the Secretary of State has received a report from an investigator appointed by him or the Financial Services Authority under that Part.".