Version Superseded: 04/01/2024
Point in time view as at 01/11/2007.
Insolvency Act 1986, Paragraph 91 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F191(1)Where the administrator was appointed by administration order, the court may replace the administrator on an application under this sub-paragraph made by—E+W+S
(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.]
Textual Amendments
F1Sch. 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)
C1Sch. B1 para. 91 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
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