Section 61: Restriction on making winding-up order in respect of protected railway company.

Railways Act 1993 · 1993 c. 43View on legislation.gov.uk

Part I: The Provision of Railway Services

Where a petition for the winding up of a protected railway company is presented by a person other than the Secretary of State, the court shall not make a winding-up order in relation to that company on that petition unless—

notice of the petition has been served on—
the appropriate national authority ; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a period of at least fourteen days has elapsed since the service of that notice.

Where a petition for the winding up of a protected railway company has been presented—

the appropriate national authority , . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may, at any time before a winding-up order is made on the petition, make an application to the court for a railway administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 60(1) above, make a railway administration order instead of a winding-up order.

Where, on a petition for the winding up of a protected railway company, the court makes, or proposes to make, a railway administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.

In this section "the court" has the same meaning as in section 59 above.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.