Section 6: Challenge of decisions., Insolvency Act 1986

Subject to this section, an application to the court may be made, by any of the persons specified below, on one or both of the following grounds, namely—

that a voluntary arrangement which has effect under section 4A unfairly prejudices the interests of a creditor, member or contributory of the company;

that there has been some material irregularity at or in relation to the meeting of the company, or in relation to the relevant qualifying decision procedure.

In this section—

the "relevant qualifying decision procedure" means the qualifying decision procedure in which the company's creditors decide whether to approve a voluntary arrangement;

references to a decision made in the relevant qualifying decision procedure include any other decision made in that qualifying decision procedure.

The persons who may apply under subsection (1) are—

a person entitled, in accordance with the rules, to vote at the meeting of the company or in the relevant qualifying decision procedure;

a person who would have been entitled, in accordance with the rules, to vote in the relevant qualifying decision procedure if he had had notice of it;

the nominee or any person who has replaced him under section 2(4) or 4(2); and

if the company is being wound up or is in administration, the liquidator or administrator.

Subject to this section, where a voluntary arrangement in relation to a company in energy administration is approved at the meetings summoned under section 3, an application to the court may be made—

by the Secretary of State, or

with the consent of the Secretary of State, by the Gas and Electricity Markets Authority,

on the ground that the voluntary arrangement is not consistent with the achievement of the objective of the energy administration.

An application under this section shall not be made

after the end of the period of 28 days beginning with the first day on which each of the reports required by section 4(6) and (6A) has been made to the court or

in the case of a person who was not given notice of the relevant qualifying decision procedure, after the end of the period of 28 days beginning with the day on which he became aware that the relevant qualifying decision procedure had taken place,

but (subject to that) an application made by a person within subsection (2)(aa) on the ground that the voluntary arrangement prejudices his interests may be made after the arrangement has ceased to have effect, unless it came to an end prematurely.

Where on such an application the court is satisfied as to either of the grounds mentioned in subsection (1) or, in the case of an application under subsection (2A), as to the ground mentioned in that subsection, it may do any of the following, namely—

revoke or suspend any decision approving the voluntary arrangement which has effect under section 4A or, in a case falling within subsection (1)(b), any decision taken by the meeting of the company, or in the relevant qualifying decision procedure, which has effect under that section;

give a direction to any person for the summoning of a further company meeting to consider any revised proposal the person who made the original proposal may make or, in the case falling within subsection (1)(b), and relating to the company meeting, a further company meeting to reconsider the original proposal;

direct any person—

to seek a decision from the company's creditors (using a qualifying decision procedure) as to whether they approve any revised proposal the person who made the original proposal may make, or

in a case falling within subsection (1)(b) and relating to the relevant qualifying decision procedure, to seek a decision from the company's creditors (using a qualifying decision procedure) as to whether they approve the original proposal.

Where at any time after giving a direction under subsection (4)(b) or (c) in relation to a revised proposal the court is satisfied that the person who made the original proposal does not intend to submit a revised proposal, the court shall revoke the direction and revoke or suspend any decision approving the voluntary arrangement which has effect under section 4A.

Except in pursuance of the preceding provisions of this section,

a decision taken at a company meeting summoned under section 3 is not invalidated by any irregularity at or in relation to the meeting , and

a decision of the company's creditors made in the relevant qualifying decision procedure is not invalidated by any irregularity in relation to the relevant qualifying decision procedure.

In this section "in energy administration" and "objective of the energy administration" are to be construed in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 20 to the Energy Act 2004.

Section 6: Challenge of decisions.

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