F1F2F3C1 PART IIIADMINISTRATION ORDERS
mod. by S.I. 2005/1644
Pts. I-V modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2)
Pts. 1-5 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
Administrator's proposals
Statement of proposals35
1
Where an administration order has been made, the administrator shall, within 3 months (or such longer period as the High Court may allow) after the making of the order—
a
send to the registrar and (so far as he is aware of their addresses) to all creditors a statement of his proposals for achieving the purpose or purposes specified in the order, and
b
lay a copy of the statement before a meeting of the company's creditors summoned for the purpose on not less than 14 days' notice.
2
The administrator shall also, within 3 months (or such longer period as the High Court may allow) from the making of the order, either—
a
send a copy of the statement (so far as he is aware of their addresses) to all members of the company, or
b
publish in the prescribed manner a notice stating an address to which members of the company should write for copies of the statement to be sent to them free of charge.
3
If the administrator without reasonable excuse contravenes this Article, he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence.
Consideration of proposals by creditors' meeting36
1
A meeting of creditors summoned under Article 35 shall decide whether to approve the administrator's proposals.
2
The meeting may approve the proposals with modifications, but shall not do so unless the administrator consents to each modification.
3
Subject to paragraph (2), the meeting shall be conducted in accordance with the rules.
4
After the conclusion of the meeting in accordance with the rules, the administrator shall report the result of the meeting to the High Court and shall give notice of that result to the registrar and to such persons as may be prescribed.
5
If a report is given to the High Court under paragraph (4) that the meeting has declined to approve the administrator's proposals (with or without modifications), the Court may by order discharge the administration order and make such consequential provision as it thinks fit, or adjourn the hearing conditionally or unconditionally, or make an interim order or any other order that it thinks fit.
6
Where the administration order is discharged, the administrator shall, within 14 days from the making of the order effecting the discharge, send an office copy of that order to the registrar.
7
If the administrator without reasonable excuse contravenes paragraph (6), he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence.
Approval of substantial revisions37
1
This Article applies where—
a
proposals have been approved (with or without modifications) under Article 36, and
b
the administrator proposes to make revisions of those proposals which appear to him substantial.
2
The administrator shall—
a
send to all creditors of the company (so far as he is aware of their addresses) a statement in the prescribed form of his proposed revisions, and
b
lay a copy of the statement before a meeting of the company's creditors summoned for the purpose on not less than 14 days' notice;
and he shall not make the proposed revisions unless they are approved by the meeting.
3
The administrator shall also either—
a
send a copy of the statement (so far as he is aware of their addresses) to all members of the company, or
b
publish in the prescribed manner a notice stating an address to which members of the company should write for copies of the statement to be sent to them free of charge.
4
The meeting of creditors may approve the proposed revisions with modifications, but shall not do so unless the administrator consents to each modification.
5
Subject to paragraphs (2) and (4), the meeting shall be conducted in accordance with the rules.
6
After the conclusion of the meeting in accordance with the rules, the administrator shall give notice of the result of the meeting to the registrar and to such persons as may be prescribed.
Pt. III art. 21 substituted (27.3.2006) for Pt. III arts. 21 - 39 by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(1) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22arts. 2 - 7); specified substituted provisions amended (1.10.2009) by S.I. 2009/1941, arts. 2(1), 8, Sch. 1 para. 109 (with art. 10); and by S.I. 2009/1972, regs. 4(d)(iii), 7(b)