40 Proceeding must not be begun or continued

(1)

During the protection period for an entity in BDH, a proceeding against the entity in connection with a debt or in relation to any of its property must not be begun or continued, except—

(a)

with the entity’s written consent; or

(b)

with the permission of the High Court and in accordance with the terms that the High Court imposes; or

(c)

in accordance with terms of an arrangement that has been approved under clause 23.

(2)

This clause does not apply to a proceeding against the entity in connection with—

(a)

a debt that is owed by the entity to a general security holder; or

(b)

an excluded debt.

(3)

In this clause, proceeding means a proceeding in the High Court or any other court, a tribunal, or an arbitral tribunal.

Schedule 13 clause 40: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).