SCHEDULES

C5C2C15C3C4C6C8C7C11C13C14C16C17F3SCHEDULE B1 ADMINISTRATION

Annotations:
Amendments (Textual)
F3

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)
C5

Pt. 2 (including Sch. B1) applied (with modifications) (1.12.1994) by The Insolvent Partnerships Order 1994 (S.I. 1994/2421), art. 6(1), Sch. 2 (as amended (1.7.2005) by S.I. 2005/1516, art. 7, Sch. 1; (1.4.2013) by S.I. 2013/472, Sch. 2 para. 11(b)); (1.1.2015) by S.I. 2014/3486, arts. 1(2), 13 (with art. 3); (6.4.2017) by S.I. 2017/540, reg. 1, Sch. 2 para. 6 (with reg. 4); (19.12.2018) by S.I. 2018/1244, arts. 1(2), 19(2)(3) (with art. 3)); and (28.12.2020) (temp.) by S.I. 2020/1350, regs. 1(4), 121(3))

C2

Pt. 2 (including Sch. B1) applied (with modifications) (1.2.2011) by The Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2010 (S.I. 2010/3023), art. 2, Sch. (with art. 6) (as amended (1.4.2013) by S.I. 2013/472, Sch. 2 para. 195(c); and (7.4.2017) by S.I. 2017/400, regs. 1(2), 9)

C3

Pt. 2 (including Sch. B1) applied (with modifications) (6.4.2014) by The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (S.I. 2014/229), art. 2(2), Sch. 1 (as renamed (1.8.2014) by S.I. 2014/1815, Sch. para 33; and as amended (1.8.2014) by S.I. 2014/1822, art. 5; and (13.3.2018) by S.I. 2018/208, regs. 1(3), 15(3)(b))

C4

Sch. B1 applied in part (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) (as amended (6.4.2017) by S.I. 2017/540, reg. 1, Sch. 1 para. 6(2) (with reg. 4))

C8

Sch. B1 specified provisions applied (with modifications) by S.I. 2012/3013, Sch. 2 Pt. 1 (as inserted (4.7.2018) by The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 3(6), Sch. 2)

C7

Sch. B1 specified provisions applied (with modifications) (4.7.2018) by The Insolvency of Registered Providers of Social Housing Regulations 2018 (S.I. 2018/728), regs. 1, 2(2), Sch. 1 Pt. 1

C11

Sch. B1 specified provisions applied (with modifications) (13.7.2018 for E.W.) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 6 para. 5; S.I. 2018/848, art. 2(b) (as amended by S.I. 2017/400, regs. 1(2), 6(a)(c); and S.I. 2018/208, regs. 1(3), 6(a))

C13

Sch. B1 specified provisions applied (with modifications) (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 3; S.I. 2018/1161, reg. 3(c) (as amended (26.12.2023) by 2023 c. 55, s. 255(2)(c), Sch. 4 para. 210(a) (with s. 247))

C14

Sch. B1 specified provisions applied (with modifications) (31.1.2019) by Technical and Further Education Act 2017 (c. 19), s. 47(2), Sch. 4; S.I. 2018/1161, reg. 3(d) (as amended: (28.6.2022) by 2022 c. 21, ss. 25(4), 36(2); and (26.12.2023) by 2023 c. 55, s. 255(2)(c), Sch. 4 para. 211(a) (with s. 247))

C16

Sch. B1 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 114 (with reg. 108)

APPOINTMENT OF ADMINISTRATOR BY COURT

10C17Administration order

An administration order is an order appointing a person as the administrator of a company.

11C17Conditions 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.

C1012C17Administration 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 F1designated 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.

F25

Sub-paragraph (1) is without prejudice to section 7(4)(b).

C1C9C13C12C14C18C1713C13C14C17Powers 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.