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Insolvency Act 1986
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Changes over time for: Paragraph 12
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Insolvency Act 1986, Paragraph 12 is up to date with all changes known to be in force on or before 26 November 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 to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 41HB(2) words substituted by 2018 c. 14 s. 1(3)(b)
Administration applicationE+W+S
[F112(1)An application to the court for an administration order in respect of a company (an “administration application”) may be made only by—
(a)the company,
(b)the directors of the company,
(c)one or more creditors of the company,
(d)the [F2designated officer] for a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (c. 43) (fine imposed on company), or
(e)a combination of persons listed in paragraphs (a) to (d).
(2)As soon as is reasonably practicable after the making of an administration application the applicant shall notify—
(a)any person who has appointed an administrative receiver of the company,
(b)any person who is or may be entitled to appoint an administrative receiver of the company,
(c)any person who is or may be entitled to appoint an administrator of the company under paragraph 14, and
(d)such other persons as may be prescribed.
(3)An administration application may not be withdrawn without the permission of the court.
(4)In sub-paragraph (1) “creditor” includes a contingent creditor and a prospective creditor.
[F3(5)Sub-paragraph (1) is without prejudice to section 7(4)(b).]]
Textual Amendments
F1Sch. B1 inserted (15.9.2003) by 2002 c. 40, ss. 248(2), 279, Sch. 16 (with s. 249(1)-(3)(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))
F2Words in Sch. B1 para. 12(1)(d) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 299; S.I. 2005/910, art. 3(y)
F3Sch. B1 para. 12(5) added (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 2(2)
Modifications etc. (not altering text)
C1Sch. B1 excluded in part (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(2) (with reg. 64)
C2Sch. B1 para. 12 applied (5.7.2018) by Housing and Planning Act 2016 (c. 22), ss. 106(8), 216(3) (with ss. 116, 117); S.I. 2018/805, reg. 3(a)
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