- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/04/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 15/09/2003
Point in time view as at 29/04/1996. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Insolvency Act 1986, Section 9 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An application to the court for an administration order shall be by petition presented either by the company or the directors, or by a creditor or creditors (including any contingent or prospective creditor or creditors), [F1or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies)] or by all or any of those parties, together or separately.
(2)Where a petition is presented to the court—
(a)notice of the petition shall be given forthwith to any person who has appointed, or is or may be entitled to appoint, an administrative receiver of the company, and to such other persons as may be prescribed, and
(b)the petition shall not be withdrawn except with the leave of the court.
(3)Where the court is satisfied that there is an administrative receiver of the company, the court shall dismiss the petition unless it is also satisfied either—
(a)that the person by whom or on whose behalf the receiver was appointed has consented to the making of the order, or
(b)that, if an administration order were made, any security by virtue of which the receiver was appointed would—
[F2(i)be void against the administrator to any extent by virtue of the provisions of Part XII of the Companies Act 1985 (registration of company charges),]
[F2(i)(ii)]be liable to be released or discharged under sections 238 to 240 in Part VI (transactions at an undervalue and preferences),
[F2(ii)(iii)]be avoided under section 245 in that Part (avoidance of floating charges), or
[F2(iii)(iv)]be challengeable under section 242 (gratuitous alienations) or 243 (unfair preferences) in that Part, or under any rule of law in Scotland.
(4)Subject to subsection (3), on hearing a petition the court may dismiss it, or adjourn the hearing conditionally or unconditionally, or make an interim order or any other order that it thinks fit.
(5)Without prejudice to the generality of subsection (4), an interim order under that subsection may restrict the exercise of any powers of the directors or of the company (whether by reference to the consent of the court or of a person qualified to act as an insolvency practitioner in relation to the company, or otherwise).
Textual Amendments
F1Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 62(2)(a), 123, Sch. 8 para. 16
F2S. 9(3)(b)(i) inserted (prosp.) and the existing sub-paragraphs are renumbered (prosp.) as (ii) to (iv) by Companies Act 1989 (c. 40, SIF 27), ss. 107, 213(2), 215(2), Sch. 16 para. 3(1)(2)
Modifications etc. (not altering text)
C1S. 9 extended by Financial Services Act 1986 (c. 60, SIF 69), s. 74
S. 9 extended (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 87A (as inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 62(1), 123, Sch. 8 para. 16)
C2S. 9 modified (1.12.2001) by 2000 c. 8, s. 359(1); S.I. 2001/3538, art. 2(1)
C3S. 9(1) amended (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 133 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
C4S. 9(4) applied (1.4.1994) by 1993 c. 43, ss. 60(4), 61(3), 150(1)(c); S.I. 1994/571, art. 5 (with transitional provision in art. 7)
S. 9(4) applied (1.2.2001) by 2000 c. 38, s. 30(2) (with ss. 105(2)(b), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)
S. 9(4) applied (E.W) (1.12.1991) by Water Industry Act 1991 (c. 56), ss.24(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
S. 9(4) applied (1.4.1994) by 1993 c. 43, ss. 62(4), 65(5), 150(1)(c); S.I. 1994/571, art. 5 (with transitional provision in art. 7)
S. 9(4) applied (15.7.2003) by 1999 c. 29, ss. 221(4), 222(3), 223(4), 224(5), 425(2) (with Sch. 12 para. 9(1)); S.I. 2003/1920, art. 2(b)
C5S. 9(4) extended by Water Act 1989 (c. 15, SIF 130), s. 23(6) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
C6S. 9(5) applied (with modifictions) (1.4.1994) by 1993 c. 43, ss. 60(4), 61(3), 65(3), 150(1)(c); S.I. 1994/571, art. 5 (with transitional provision in art. 7)
S. 9(5) applied (1.2.2001) by 2000 c. 38, s. 30(2) (with ss. 105(2)(b), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)
S. 9(5) applied (E.W) (1.12.1991) by Water Industry Act 1991 (c. 56), ss.24(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
S. 9(5) applied (1.4.1994) by 1993 c. 43, ss. 62(4), 65(5), 150(1)(c); S.I. 1994/571, art. 5 (with transitional provision in art. 7)
S. 9(5) applied (15.7.2003) by 1999 c. 29, ss. 221(4), 222(3), 223(4), 224(5), 425(2) (with Sch. 12 para. 9(1)); S.I. 2003/1920, art. 2(b)
C7S. 9(5) extended by Water Act 1989 (c. 15, SIF 130), s. 23(6) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys