Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3A · Waste Management
31D. Restrictions on voluntary winding up, etc.
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
Despite the provisions of any other written law —
a public waste collector licensee must not be wound up voluntarily without the consent of the Agency;
no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee;
no step may be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step;
no step may be taken by any person to enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and
no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a public waste collector licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Agency.
The Agency must be a party to —
Agency
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;
any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a public waste collector licensee; or
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 a public waste collector licensee.