SCHEDULES
F1C2C3C4SCHEDULE B1 ADMINISTRATION
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
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))
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)
FUNCTIONS OF ADMINISTRATOR
C175Misfeasance
1
The court may examine the conduct of a person who—
a
is or purports to be the administrator of a company, or
b
has been or has purported to be the administrator of a company.
2
An examination under this paragraph may be held only on the application of—
a
the official receiver,
b
the administrator of the company,
c
the liquidator of the company,
d
a creditor of the company, or
e
a contributory of the company.
3
An application under sub-paragraph (2) must allege that the administrator—
a
has misapplied or retained money or other property of the company,
b
has become accountable for money or other property of the company,
c
has breached a fiduciary or other duty in relation to the company, or
d
has been guilty of misfeasance.
4
On an examination under this paragraph into a person’s conduct the court may order him—
a
to repay, restore or account for money or property;
b
to pay interest;
c
to contribute a sum to the company’s property by way of compensation for breach of duty or misfeasance.
5
In sub-paragraph (3) “administrator” includes a person who purports or has purported to be a company’s administrator.
6
An application under sub-paragraph (2) may be made in respect of an administrator who has been discharged under paragraph 98 only with the permission of the court.
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))