SCHEDULES

C2C3C5C4C6F1SCHEDULE B1ADMINISTRATION

Annotations:
Modifications etc. (not altering text)
C2

Sch. B1 applied (with modifications) (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 87(1)(2), 93(3), Sch. 10 Pt. 1, Sch. 10 Pt. 2

C3

Sch. B1 applied (with modifications) by S.R. 1995/225, Sch. 2 (as amended (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 36 (with art. 3))

C5

Sch. B1 modified by S.R. 1995/225, art. 6, Sch. 2 (as 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), 122(3) (with reg. 108))

C4

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), 120 (with reg. 108)

EFFECT OF ADMINISTRATION

Dismissal of administrative or other receiver

42

1

When an administration order takes effect in respect of a company any administrative receiver of the company shall vacate office.

C12

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 Article 50.

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 44.