Maritime and Port Authority of Brunei Darussalam Act · 2021 Revised Edition · Part · Control of Relevant Public Licensees
88. Meaning and effect of special administration order
Official textFrom Attorney General's Chambers, unchanged
A special administration order is an order of the Minister made in accordance with section 89 in relation to a company which is a relevant public licensee and directing that, during the period for which the order is in
relevant public licensee
"relevant public licensee" means any public licensee authorised to provide any port service or facility relating to container terminal service or facility.
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force, the affairs, business and property of the company shall be managed by the Authority -
for the achievement of all or any of the purposes of such an order; and
in a manner which protects the respective interests of the members, creditors and customers of the company.
The purposes of a special administration order made in relation to any company shall be -
the security and reliability of the supply of port services and facilities relating to container terminal services and facilities to the public;
the survival of the company, or the whole or part of its undertaking as a going concern;
the transfer to another company. or (as respects different parts of the area to which the company's public licence relates. or different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the company by virtue of its public licence may be properly carried out; and
the carrying out of those functions pending the making of the transfer and the vesting of those functions in the other company or companies (whether by virtue of the transfer or of an authorisation or variation which replaces the former company as public licensee).
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for giving effect to this Part, including making provision for applying, omitting or modifying the provisions of Part IV of the Insolvency Order, 201 6 (S 11201 6) where a special administration order is made.
Terms defined in s 87
relevant public licensee
Defined · s 87"relevant public licensee" means any public licensee authorised to provide any port service or facility relating to container terminal service or facility.
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