SCHEDULES

C1C2C4C3C7F2SCHEDULE B1ADMINISTRATION

Annotations:
Modifications etc. (not altering text)
C1

Sch. B1 applied (with modifications) (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 87(1)(2), 93(3), Sch. 10 Pt. 1, Sch. 10 Pt. 2

C2

Sch. B1 applied (with modifications) by S.R. 1995/225, Sch. 2 (as amended (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 36 (with art. 3))

C4

Sch. B1 modified by S.R. 1995/225, art. 6, Sch. 2 (as modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 122(3) (with reg. 108))

C3

Sch. B1 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 120 (with reg. 108)

PROCESS OF ADMINISTRATION

Administrator's proposals

C7C8C950

C51

The administrator of a company shall make a statement setting out proposals for achieving the purpose of administration.

C52

A statement under sub-paragraph (1) must, in particular—

a

deal with such matters as may be prescribed, and

b

where applicable, explain why the administrator thinks that the objective mentioned in paragraph 4(1)(a) or (b) cannot be achieved.

C53

Proposals under this paragraph may include—

a

a proposal for a voluntary arrangement under Part II of this Order (although this paragraph is without prejudice to Article 17(3));

b

a proposal for a compromise or arrangement to be sanctioned under F1Part 26 F3or 26A of the Companies Act 2006 (arrangements and reconstructions).

C64

The administrator shall send a copy of the statement of his proposals—

a

to the registrar,

b

to every creditor of the company of whose claim and address he is aware, and

c

to every member of the company of whose address he is aware.

C65

The administrator shall comply with sub-paragraph (4)—

a

as soon as is reasonably practicable after the company enters administration, and

b

in any event, before the end of the period of 8 weeks beginning with the day on which the company enters administration.

C66

The administrator shall be taken to comply with sub-paragraph (4)(c) if he publishes in the prescribed manner a notice undertaking to provide a copy of the statement of proposals free of charge to any member of the company who applies in writing to a specified address.

C67

An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (5).

C68

A period specified in this paragraph may be varied in accordance with paragraph 108.