SCHEDULES
F2C2C3C4SCHEDULE 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)
APPOINTMENT OF ADMINISTRATOR BY COURT
10Administration order
An administration order is an order appointing a person as the administrator of a company.
11Conditions for making order
The court may make an administration order in relation to a company only if satisfied—
a
that the company is or is likely to become unable to pay its debts, and
b
that the administration order is reasonably likely to achieve the purpose of administration.
12Administration application
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 justices’ chief executive 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An administration application may not be withdrawn without the permission of the court.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.
F15
Sub-paragraph (1) is without prejudice to section 7(4)(b).
C113Powers of court
1
On hearing an administration application the court may—
a
make the administration order sought;
b
dismiss the application;
c
adjourn the hearing conditionally or unconditionally;
d
make an interim order;
e
treat the application as a winding-up petition and make any order which the court could make under section 125;
f
make any other order which the court thinks appropriate.
2
An appointment of an administrator by administration order takes effect—
a
at a time appointed by the order, or
b
where no time is appointed by the order, when the order is made.
3
An interim order under sub-paragraph (1)(d) may, in particular—
a
restrict the exercise of a power of the directors or the company;
b
make provision conferring a discretion on the court or on a person qualified to act as an insolvency practitioner in relation to the company.
4
This paragraph is subject to paragraph 39.
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))