PART 3ADMINISTRATION

CHAPTER 12Replacing the administrator

Application to court to remove administrator from office3.65

1

An application for an order under paragraph 88 of Schedule B1 that the administrator be removed from office must state the grounds on which the order is requested.

2

A copy of the application must be delivered, not less than five business days before the date fixed for the hearing—

a

to the administrator;

b

to the person who—

i

made the application for the administration order, or

ii

appointed the administrator;

c

to the creditors’ committee (if any);

d

to any continuing administrator of the company; and

e

where there is neither a creditors’ committee nor a continuing administrator appointed, to the company and the creditors, including any floating charge holders.

3

The court must deliver to the applicant a copy of any order removing the administrator.

4

The applicant must deliver a copy of the order—

a

as soon as reasonably practicable, and in any event within five business days of the copy order being delivered, to the administrator; and

b

within five business days of the copy order being delivered, to—

i

all other persons to whom notice of the application was delivered, and

ii

the registrar of companies.