Section 4 of the Act of 1990 is hereby amended -
(a) in subsection (1), by the substitution for "Where the court appoints an examiner to a company" of "Subject to subsection (2), where the court appoints an examiner to a company", and
(b) in subsection (2), by the insertion of the following at the end of that subsection:
"and shall not, in any case, make such an order unless it is satisfied that there is a reasonable prospect of the survival of the related company, and the whole or any part of its undertaking, as a going concern",
and the said subsections (1) and (2), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.
Table
(1) Subject to subsection (2), where the court appoints an examiner to a company, it may, at the same or any time thereafter, make an order -
(a) appointing the examiner to be examiner for the purposes of this Act to a related company, or
(b) conferring on the examiner, in relation to such company, all or any of the