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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 February 2009 - onwards
Version 2 of 2

Article 5 Financial Services and Markets Act 2000

(1) The following provisions of the Financial Services and Markets Act 2000 [2000 c.8.] apply with the modifications set out in this article.

(2) In section 215 (Rights of the scheme in relevant person's insolvency) -

(a) in subsection (3) [Subsection (3) was amended by the Enterprise Act 2002 (2002 c.40), section 248 and Schedule 17, paragraphs 53, 54(1) and (2); and the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455), article 3(3) and Schedule 2, paragraphs 56, 57(1) and (2).], the reference to making an administration application is to be read as including making an application for a bank administration order under section 142 of the 2009 Act, and

(b) subsection (4) is to be read as if it read the following -

"(4) In the case of a bank insolvency (as defined in Part 2 of the Banking Act 2009), if the scheme manager decides, pursuant to section 100(6)(d) of that Act, not to remain on the liquidation committee, the scheme manager shall retain the rights it usually enjoys in respect of the winding up of a relevant person under section 371(3) and (4).".