Insolvency Act 1986, Schedule B1, paragraph 107

SCHEDULE B1 ADMINISTRATION

107(1)Where a provision of this Schedule provides that a period may be varied in accordance with this paragraph, the period may be varied in respect of a company—

(a)by the court, and

(b)on the application of the administrator.

(2)A time period may be extended in respect of a company under this paragraph—

(a)more than once, and

(b)after expiry.

Definitions used in Schedule B1, paragraph 107 3

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
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

Cases considering Schedule B1, paragraph 107 3

A Company, Re

[2025] EWHC 244 (Ch) · 6 February 2025

Applies the provision as the mechanism through which the period in Schedule B1 paragraph 49(5) could be extended after expiry. (see para [16])

Gould & Anor v Itmo Advent Computer Training Ltd & Anor

[2010] EWHC 459 (Ch) · 22 February 2010

Applied with paragraph 49(8) to extend the period for disclosing student creditor details while preserving confidentiality during sale efforts. (see paras [28], [31]-[32])

Duffy & Anor v Mederco (Cardiff) Ltd

[2021] EWHC 386 (Ch) · 23 February 2021Limits

The provision was considered in the discussion of statutory powers to extend time. The court relied on paragraph 77 rather than paragraph 107 as controlling the extension of an administration. (see para [32])

What each judgment says about Schedule B1, paragraph 107 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. C1501Sch. B1 paras. 107-109 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 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 5(5))
  3. C1502Sch. B1 para. 107 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)
  4. C1503Sch. B1 para. 107 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) (with reg. 64)