(1) This section applies where perishable property of a company under
administration is subject to a charge.
(2) Nothing in section 437C or 440B prevents:
- (a)
- the chargee; or
- (b)
- a receiver or person appointed (at any time) as mentioned in
paragraph (a), (b) or (d) of the definition of enforce in section 9;
from enforcing the charge, so far as it is a charge on perishable property.
(3) Section 437D does not apply in relation to a transaction or dealing
that affects perishable property of the company and is entered into by:
- (a)
- the chargee; or
- (b)
- a receiver or person appointed (at any time) as mentioned in
paragraph (a), (b) or (d) of the definition of enforce in section 9;
in the performance or exercise of a function or power as chargee, or as such a
receiver or person, as the case may be.