(1) A member of a company may apply to the court by petition for an order under this Part on the ground—
(a) that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself), or
(b) that an actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial.
[(1A) For the purposes of subsection (1)(a), a removal of the company's auditor from office—
(a) on grounds of divergence of opinions on accounting treatments or audit procedures, or
(b) on any other improper grounds,
shall be treated as being unfairly prejudicial to the interests of some part of the company's members.]
(2) The provisions of this Part apply to a person who is not a member of a company but to whom shares in the company have been transferred or transmitted by operation of law as they apply to a member of a company.
(3) In this section, and so far as applicable for the purposes of this section in the other provisions of this Part, “company” means—
(a) a company within the meaning of this Act, . . .
(b) . . ..
(1) This section applies to a company in respect of which—
(a) the Secretary of State has received a report under section 437 of the Companies Act 1985 (c 6) (inspector's report);
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