Insolvency Act 1986, Schedule B1, paragraph 100

SCHEDULE B1 ADMINISTRATION

100(1)In this Schedule—

(a)a reference to the appointment of an administrator of a company includes a reference to the appointment of a number of persons to act jointly or concurrently as the administrator of a company, and

(b)a reference to the appointment of a person as administrator of a company includes a reference to the appointment of a person as one of a number of persons to act jointly or concurrently as the administrator of a company.

(2)The appointment of a number of persons to act as administrator of a company must specify—

(a)which functions (if any) are to be exercised by the persons appointed acting jointly, and

(b)which functions (if any) are to be exercised by any or all of the persons appointed.

Definitions used in Schedule B1, paragraph 100 3

administrator

1 (1) For the purposes of this Act “administrator” of a company means a person appointed under this Schedule to manage the company’s affairs, business and property.

Defined in Sch.B1 para.1(1) · see it in the full Act

“administrator” has the meaning given by paragraph 1 and, where the context requires, includes a reference to a former administrator,

Defined in Sch.B1 para.111(1) · see it in the full Act
the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act
company

(1A) In this Schedule, “company” means—

(a)a company registered under the Companies Act 2006 in England and Wales or Scotland,

(b)a company incorporated in an EEA State ..., or

(c)a company not incorporated in an EEA State but having its centre of main interests in a member State (other than Denmark) or in the United Kingdom .

Defined in Sch.B1 para.111(1A) · see it in the full Act

Cases considering Schedule B1, paragraph 100 3

Sophie Rebecca Perhar v Louise Freestone & Ors (Re The Sustainable Bathroom Company Ltd)

[2023] EWHC 2065 (Ch) · 11 August 2023Interprets

Interprets paragraph 100(2) as identifying which functions joint administrators may exercise jointly or otherwise. Its omission did not deprive the administrators of all power and caused no substantial injustice once the statement was filed (see paras [45]-[50]).

BHS Ltd, Re

[2016] EWHC 1965 (Ch) · 29 July 2016Interprets

Paragraph 100(2) permitted the appointment order to specify and limit the functions of the administrators. The court incorporated the protocol into the order for that purpose. (see paras [23]-[25])

Assured Logistics Solutions Ltd & Anor, Re

[2011] EWHC 3029 (Ch) · 23 September 2011Disapplies

Paragraph 100(2) is noted as concerning joint appointments and is held inapplicable to the appointments before the court.

What each judgment says about Schedule B1, paragraph 100 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

  1. C1481Sch. B1 paras. 98-107 modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 5 Pts. 1, 2; S.I. 2018/805, reg. 3(b)
  2. C1483Sch. B1 paras. 98-104 applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1), 34-37 (with reg. 64)
  3. C1487Sch. B1 paras. 100-103 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
  4. C1488Sch. B1 para. 100 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)