Schedule 1: Information and disclosure for third parties Paragraph 3: Notices requiring disclosure: defunct bodies
58.Paragraphs 3 and 4 provide a mechanism similar to that under paragraphs 1 and 2 in relation to defunct bodies. One of the purposes of the Act is to remove the need for third parties to restore a defunct body to the register of companies in order to initiate proceedings against it. Allowing the third party to bring proceedings directly against the insurer removes one of the reasons for restoring a body to the register. The other reason third parties may need to restore a defunct body to the register is in order to obtain information from that body which cannot be obtained from the insurer. The mechanism under paragraphs 3 and 4 removes the need for this by allowing the third party to request information directly from persons related to the defunct body.
59.These persons are described at paragraph 3(2). They are those who were employees or officers of the body immediately before the transfer of rights under section 1, insolvency practitioners in relation to the defunct body or a person acting as the official receiver in relation to the winding up of the body.
60.Paragraph 3(3) requires a notice requesting information to be accompanied by particulars of claim in relation to the proceedings. This is required even where in the case of arbitration proceedings no particulars of claim are required to be served. The person requesting information has, therefore, the same rights whether he is involved in court proceedings or arbitration proceedings.
61.Paragraphs 3(4) and (5) explain when a body is defunct for the purposes of this paragraph.