PART 2Application of the Insolvency Act 1986 to special administration

Application, disapplication and modification

5.—(1) The provisions of the 1986 Act mentioned in tables 1 and 2 apply in relation to special administration(1) as they apply in relation to administration but with the modifications set out in Parts 3 and 4 of these Regulations.

Table 1

Schedule B1 to the 1986 Act

ParagraphsDescription
1Interpretation
4 to 6Administrator’s duties, status and qualifications
13Powers of court
40 to 49Effect of administration
54Revision of administrator’s proposals
59 to 75Administrators: powers, duties, agency, property, challenge, misfeasance
79Ending administration
83 to 91Moving to other insolvency procedures, discharge and replacement
95Appointment of replacement administrator by the court
98 to 104Discharge of administrator’s liability, general provisions
106Penalties
107Extension of time limits
109 to 111Provisions about time and interpretation

Table 2

Other provisions of the 1986 Act

ProvisionsDescription
section A16Company enters into insolvency procedure etc
section A43Challenges to monitor remuneration in insolvency proceedings
sections 1 to 7BCompany voluntary arrangements
section 72AFloating charge holder not to appoint administrative receiver
section 133Public examination of officers
section 140Court appointment after administration or voluntary arrangement
section 214Wrongful trading
sections 233 to 237Management by administrators, liquidators etc
sections 238 to 241Transactions at an undervalue and preferences
section 244Extortionate credit transactions
section 245Avoidance of certain floating charges
section 246Unenforceability of liens on books etc
sections 246ZA to 246ZCFraudulent and wrongful trading
section 246ZDPower to assign certain causes of action
sections 246A to 246CRemote meetings, use of websites, creditors’ opt-out of notices
section 411Power to make insolvency rules
section 413Insolvency Rules Committee
section 424Those who may apply for an order under section 423
section 426Cooperation between courts exercising insolvency law jurisdiction
Schedule ZA1, paragraph 2Moratorium: eligible companies
Schedule 1Powers of administrator or administrative receiver
Schedule 8Provisions capable of inclusion in company insolvency rules
Schedule 10Punishment of offences under the 1986 Act

(2) The provisions of Schedule B1 to the 1986 Act that are not mentioned in table 1 do not apply to special administration(2).

(1)

See section 23(3A) and (3B) of the Water Industry Act 1991 (c. 56).

(2)

Section 23(3) of the Water Industry Act 1991 (as substituted by paragraph 6 of Schedule 5 to the Flood and Water Management Act 2010) applies to special administration the provisions of Schedule B1 to the Insolvency Act 1986. Section 23(3A) of that Act confers on the Secretary of State a power to make regulations that disapply those provisions.