Insolvency Act 1986

Administration application E+W+S

[F1 12 (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 [F2 designated 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(3) An administration application may not be withdrawn without the permission of the court.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

F1 Sch. 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))

F2 Words 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)

F3 Sch. 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)

C1 Sch. 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)