xmlns:atom="http://www.w3.org/2005/Atom"

PART 3ADMINISTRATION

CHAPTER 12Replacing the administrator

Application to replace

3.68.—(1) Where an application to court is made under paragraph 91(1) or 95 of Schedule B1 to appoint a replacement administrator, the application must be accompanied by the proposed replacement administrator’s consent to act.

(2) Where the application is made under paragraph 91(1), a copy of the application must be delivered—

(a)to the person who made the application for the administration order;

(b)to any person who has appointed a receiver of the company;

(c)to any person who is or may be entitled to appoint a receiver of the company;

(d)to any person who is or may be entitled to appoint an administrator of the company under paragraph 14 of Schedule B1;

(e)to any receiver of the company;

(f)if there is pending a petition for the winding up of the company, to—

(i)the petitioner, and

(ii)any provisional liquidator;

(g)to any member State liquidator appointed in main proceedings in relation to the company;

(h)to the company, if the application is made by anyone other than the company;

(i)to any supervisor of any CVA in relation to the company; and

(j)to the proposed administrator.

(3) Rules 3.10, 3.11 and 3.13(1) and (2) apply to applications made under paragraph 91(1) and 95 of Schedule B1, with any necessary modifications.