Subject to the provisions of this section, the court may, at any time after the presentation of a winding-up petition, appoint a liquidator provisionally.

In England and Wales, the appointment of a provisional liquidator may be made at any time before the making of a winding-up order; and either the official receiver or any other fit person may be appointed.

In Scotland, such an appointment may be made at any time before the first appointment of liquidators.

The provisional liquidator shall carry out such functions as the court may confer on him.

When a liquidator is provisionally appointed by the court, his powers may be limited by the order appointing him.

The following provisions of this section have effect, subject to section 140 below, on a winding-up order being made by the court in England and Wales.

The official receiver, by virtue of his office, becomes the liquidator of the company and continues in office until another person becomes liquidator under the provisions of this Part.

The official receiver is, by virtue of his office, the liquidator during any vacancy.

At any time when he is the liquidator of the company, the official receiver may F1in accordance with the rules seek nominations from the company’s creditors and contributories for the purpose of choosing a person to be liquidator of the company in place of the official receiver.

A notice given under subsection (5)(b) to the company’s creditors shall contain an explanation of the creditors’ power under subsection (5)(c) to require the official receiver to F4seek nominations from the company’s creditors and contributories.

In a winding up by the court in England and Wales the official receiver may, at any time when he is the liquidator of the company, apply to the Secretary of State for the appointment of a person as liquidator in his place.

If F5nominations are sought from the company's creditors and contributories in pursuance of a decision under section 136(5)(a), but no person is chosen to be liquidator as a result F6..., it is the duty of the official receiver to decide whether to refer the need for an appointment to the Secretary of State.

On an application under subsection (1), or a reference made in pursuance of a decision under subsection (2), the Secretary of State shall either make an appointment or decline to make one.

Where a liquidator has been appointed by the Secretary of State under subsection (3), the liquidator shall give notice of his appointment to the company’s creditors or, if the court so allows, shall advertise his appointment in accordance with the directions of the court.

In that notice or advertisement the liquidator F7must explain the procedure for establishing a liquidation committee under section 141.

Where a winding-up order is made by the court in Scotland, a liquidator shall be appointed by the court at the time when the order is made.

The liquidator so appointed (here referred to as “the interim liquidator”) continues in office until another person becomes liquidator in his place under this section or the next.

The interim liquidator shall (subject to the next subsection) as soon as practicable in the period of 28 days beginning with the day on which the winding-up order was made or such longer period as the court may allow, F8in accordance with the rules seek nominations from the company’s creditors and contributories for the purpose of choosing a person (who may be the person who is the interim liquidator) to be liquidator of the company in place of the interim liquidator.

If it appears to the interim liquidator, in any case where a company is being wound up on grounds including its inability to pay its debts, that it would be inappropriate to F9seek a nomination from the company's contributories under subsection (3), he may seek a nomination only from the company’s creditors for the purpose mentioned in that subsection.

If F10a nomination is sought from the company's creditors, or nominations are sought from the company's creditors and contributories, in pursuance of this section but no person is appointed or nominated F11as a result, the interim liquidator shall make a report to the court which shall appoint either the interim liquidator or some other person to be liquidator of the company.

A person who becomes liquidator of the company in place of the interim liquidator shall, unless he is appointed by the court, forthwith notify the court of that fact.

This section applies where a company is being wound up by the court and F13nominations are sought from the company's creditors and contributories for the purpose of choosing a person to be liquidator of the company.

The creditors and the contributories F14may in accordance with the rules nominate a person to be liquidator.

The liquidator shall be the person nominated by the creditors or, where no person has been so nominated, the person (if any) nominated by the contributories.

Where a winding-up order is made immediately upon the appointment of an administrator ceasing to have effect, the court may appoint as liquidator of the company the person whose appointment as administrator has ceased to have effect.

Where a winding-up order is made at a time when there is a supervisor of a voluntary arrangement approved in relation to the company under Part I, the court may appoint as liquidator of the company the person who is the supervisor at the time when the winding-up order is made.

Where the court makes an appointment under this section, the official receiver does not become the liquidator as otherwise provided by section 136(2), and F16section 136(5)(a) and (b) does not apply.