SCHEDULES
C17C14C26C15C16C18C20C19C22C24C25C27C34F5SCHEDULE B1 ADMINISTRATION
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))
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)
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 (as amended (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 27 (with ss. 2(2), 5(2)))
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))
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))
Sch. B1 applied (with modifications) by S.I. 2010/3023, art. 2, Sch. (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 12 (with reg. 22))
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)
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
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))
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))
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))
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)
Sch. B1 excluded in part (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(2) (with reg. 64)
EFFECT OF ADMINISTRATION
C1C21C33C3440C34Dismissal of pending winding-up petition
1
A petition for the winding up of a company—
b
shall be suspended while the company is in administration following an appointment under paragraph 14.
2
Sub-paragraph (1)(b) does not apply to a petition presented under—
a
section 124A (public interest), or
F1aa
section 124B (SEs),
b
section 367 of the Financial Services and Markets Act 2000 (c. 8) (petition by F6Financial Conduct Authority or Prudential Regulation Authority).
3
Where an administrator becomes aware that a petition was presented under a provision referred to in sub-paragraph (2) before his appointment, he shall apply to the court for directions under paragraph 63.
C3C21C33C3441C34Dismissal of administrative or other receiver
1
When an administration order takes effect in respect of a company any administrative receiver of the company shall vacate office.
C42
Where a company is in administration, any receiver of part of the company’s property shall vacate office if the administrator requires him to.
3
Where an administrative receiver or receiver vacates office under sub-paragraph (1) or (2)—
a
his remuneration shall be charged on and paid out of any property of the company which was in his custody or under his control immediately before he vacated office, and
b
he need not take any further steps under section 40 or 59.
4
In the application of sub-paragraph (3)(a)—
a
“remuneration” includes expenses properly incurred and any indemnity to which the administrative receiver or receiver is entitled out of the assets of the company,
b
the charge imposed takes priority over security held by the person by whom or on whose behalf the administrative receiver or receiver was appointed, and
c
the provision for payment is subject to paragraph 43.
C5C6C21C29C33C3442C34Moratorium on insolvency proceedings
1
This paragraph applies to a company in administration.
2
No resolution may be passed for the winding up of the company.
3
No order may be made for the winding up of the company.
4
Sub-paragraph (3) does not apply to an order made on a petition presented under—
a
section 124A (public interest), or
F2aa
section 124B (SEs),
b
section 367 of the Financial Services and Markets Act 2000 (c. 8) (petition by F7Financial Conduct Authority or Prudential Regulation Authority).
5
If a petition presented under a provision referred to in sub-paragraph (4) comes to the attention of the administrator, he shall apply to the court for directions under paragraph 63.
C7C21C30C33C3443C34Moratorium on other legal process
1
This paragraph applies to a company in administration.
C82
No step may be taken to enforce security over the company’s property except—
a
with the consent of the administrator, or
b
with the permission of the court.
3
No step may be taken to repossess goods in the company’s possession under a hire-purchase agreement except—
a
with the consent of the administrator, or
b
with the permission of the court.
4
A landlord may not exercise a right of forfeiture by peaceable re-entry in relation to premises let to the company except—
a
with the consent of the administrator, or
b
with the permission of the court.
5
In Scotland, a landlord may not exercise a right of irritancy in relation to premises let to the company except—
a
with the consent of the administrator, or
b
with the permission of the court.
6
No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the company or property of the company except—
a
with the consent of the administrator, or
b
with the permission of the court.
F36A
An administrative receiver of the company may not be appointed.
7
Where the court gives permission for a transaction under this paragraph it may impose a condition on or a requirement in connection with the transaction.
8
In this paragraph “landlord” includes a person to whom rent is payable.
C9C10C11C21C24C25C23C31C33C3444C24C25C34Interim moratorium
1
This paragraph applies where an administration application in respect of a company has been made and—
C12a
the application has not yet been granted or dismissed, or
b
the application has been granted but the administration order has not yet taken effect.
2
This paragraph also applies from the time when a copy of notice of intention to appoint an administrator under paragraph 14 is filed with the court until—
a
the appointment of the administrator takes effect, or
b
the period of five business days beginning with the date of filing expires without an administrator having been appointed.
3
Sub-paragraph (2) has effect in relation to a notice of intention to appoint only if it is in the prescribed form.
4
This paragraph also applies from the time when a copy of notice of intention to appoint an administrator is filed with the court under paragraph 27(1) until—
a
the appointment of the administrator takes effect, or
b
the period specified in paragraph 28(2) expires without an administrator having been appointed.
C135
The provisions of paragraphs 42 and 43 shall apply (ignoring any reference to the consent of the administrator).
6
If there is an administrative receiver of the company when the administration application is made, the provisions of paragraphs 42 and 43 shall not begin to apply by virtue of this paragraph until the person by or on behalf of whom the receiver was appointed consents to the making of the administration order.
7
This paragraph does not prevent or require the permission of the court for—
a
the presentation of a petition for the winding up of the company under a provision mentioned in paragraph 42(4),
b
the appointment of an administrator under paragraph 14,
c
the appointment of an administrative receiver of the company, or
d
the carrying out by an administrative receiver (whenever appointed) of his functions.
C21C32C33C34F445C34Publicity
1
While a company is in administration, every business document issued by or on behalf of the company or the administrator, and all the company's websites, must state—
a
the name of the administrator, and
b
that the affairs, business and property of the company are being managed by the administrator.
2
Any of the following persons commits an offence if without reasonable excuse the person authorises or permits a contravention of sub-paragraph (1)—
a
the administrator,
b
an officer of the company, and
c
the company.
3
In sub-paragraph (1) “business document” means—
a
an invoice,
b
an order for goods or services,
c
a business letter, and
d
an order form,
whether in hard copy, electronic or any other form.
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))