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In forceAmended2020 Revised Edition
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Part 5 · Control of Ownership and Management, Etc., of Airport Licensees and Designated Entities

62A. Restrictions on voluntary winding up, etc., of airport licensees and designated business trusts

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Amended

Last amended by an amending law of 2024.

(1)

Despite any other written law —

(a)

an airport licensee cannot be wound up voluntarily without the consent of the Authority;

(b)

a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Authority;

(c)

no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to an airport licensee without the consent of the Authority;

(d)

no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of an airport licensee without the consent of the Authority;

(e)

a designated business trust cannot be wound up voluntarily without the consent of the Authority;

(f)

a person must not take any step to enforce any security over —

(i)

the property of an airport licensee; or

(ii)

the trust property of a designated business trust,unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and

(g)

a person must not take any step to execute or enforce any judgment or order of court obtained against an airport licensee or a designated business trust unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority.

(2)

The Authority must be a party to —

(a)

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee;

(b)

any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee;

(c)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of an airport licensee; and

(d)

any proceedings before any court for the dissolution, winding up or termination (as the case may be) of a designated business trust.

(3)

A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings.

Report

Part 6

Airport Operations

Part 6A

Airport Capacity Management

Part 7

Special Administration Orders and Schemes of Transfers, Etc., for Airport Licensees, Designated Business Trusts and Designated Operating Entities

Part 8

Monitoring and Enforcement Powers

Part 9

Levies, Fees and Charges

Part 10

Miscellaneous

Schedules