F1Sch. B1 inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(2), Sch. 1 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2-7)
Modifications etc. (not altering text)
C1Sch. 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
C2Sch. 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))
C3Sch. 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))
C4Sch. 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)
C5Sch. B1 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)
91. Paragraphs 92 to 96 apply where an administrator—N.I.
(a)dies,
(b)resigns,
(c)is removed from office under paragraph 89, or
(d)vacates office under paragraph 90.
Modifications etc. (not altering text)
C6Sch. B1 para. 91 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
C7Sch. B1 para. 91 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)
92.—(1) Where the administrator was appointed by administration order, the High Court may replace the administrator on an application under this sub-paragraph made by—N.I.
(a)a creditors' committee of the company,
(b)the company,
(c)the directors of the company,
(d)one or more creditors of the company, or
(e)where more than one person was appointed to act jointly or concurrently as the administrator, any of those persons who remains in office.
(2) But an application may be made in reliance on sub-paragraph (1)(b) to (d) only where—
(a)there is no creditors' committee of the company,
(b)the Court is satisfied that the creditors' committee or a remaining administrator is not taking reasonable steps to make a replacement, or
(c)the Court is satisfied that for another reason it is right for the application to be made.
Modifications etc. (not altering text)
C8Sch. B1 para. 92 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
C9Sch. B1 para. 92 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 2A para. 6 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 2)
C10Sch. B1 para. 92 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)
93. Where the administrator was appointed under paragraph 15 the holder of the floating charge by virtue of which the appointment was made may replace the administrator.N.I.
94.—(1) Where the administrator was appointed under paragraph 23(1) by the company it may replace the administrator.N.I.
(2) A replacement under this paragraph may be made only—
(a)with the consent of each person who is the holder of a qualifying floating charge in respect of the company's property, or
(b)where consent is withheld, with the permission of the High Court.
95.—(1) Where the administrator was appointed under paragraph 23(2) the directors of the company may replace the administrator.N.I.
(2) A replacement under this paragraph may be made only—
(a)with the consent of each person who is the holder of a qualifying floating charge in respect of the company's property, or
(b)where consent is withheld, with the permission of the High Court.
96. The High Court may replace an administrator on the application of a person listed in paragraph 92(1) if the Court—N.I.
(a)is satisfied that a person who is entitled to replace the administrator under any of paragraphs 93 to 95 is not taking reasonable steps to make a replacement, or
(b)that for another reason it is right for the Court to make the replacement.]