SCHEDULES

F1C1C2C3SCHEDULE B1 ADMINISTRATION

Annotations:
Amendments (Textual)
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))

Modifications etc. (not altering text)
C1

Sch. B1 applied in part (with modifications) (5.10.2004) by Energy Act 2004 (c. 20), ss. 159(1), 198, Sch. 20 Pts. 1-3; S.I. 2004/2575, art. 2(1), Sch. 1

C2

Sch. B1 applied (with modifications) (1.7. 2005) by S.I. 1994/2421, art. 6(1), Sch. 2 (as amended (1.7.2005) by S.I. 2005/1516, arts. 3, 7, Sch. 1 (with art. 2))

C3

Sch. B1: specified provisions applied (with modifications) (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 93(2)(3), {Sch. 10 Pts. 1, 2}; S.I. 2011/2329, art. 3 (with arts. 4, 5)

PROCESS OF ADMINISTRATION

49Administrator’s proposals

1

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

2

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 3(1)(a) or (b) cannot be achieved.

3

Proposals under this paragraph may include—

a

a proposal for a voluntary arrangement under Part I of this Act (although this paragraph is without prejudice to section 4(3));

b

a proposal for a compromise or arrangement to be sanctioned under section 425 of the Companies Act (compromise with creditors or members).

4

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

a

to the registrar of companies,

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.

5

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 eight weeks beginning with the day on which the company enters administration.

6

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.

7

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

8

A period specified in this paragraph may be varied in accordance with paragraph 107.