I move amendment No. 224a:
In page 123, subsection (1), lines 44 and 45, to delete "at the date of appointment of the examiner".
Section 159 applies to a situation where either a receiver or a provisional liquidator has been appointed to a company and the company is subsequently put under the protection of the court. This amendment addresses a procedural problem which might arise in subsection (1) of section 159 unless we clarify it. The problem is that one interpretation of the subsection is that it restricts the time at which the court may make an order under the subsection to the time when it is appointing the examiner. Since the court really should be free to exercise this right while the company remains under its protection such an interpretation would be too restrictive.
Amendment No. 224a would remove the possible interpretation by simply deleting the words "at the date of the appointment of the examiner". Making this clarification would also be in line with the general principle underlying Part IX that the examiner does not automatically assume control or management of the company to which he is appointed but if the circumstances warrant it he can be given such powers. In other words, I would like to preserve the possibility of the receiver and manager continuing to run the company while the examiner carries out his examination unless the court rules otherwise under section 159.
