Insolvency Act 1986, Schedule B1, paragraph 2

SCHEDULE B1 ADMINISTRATION

2 A person may be appointed as administrator of a company—

(a) by administration order of the court under paragraph 10,

(b) by the holder of a floating charge under paragraph 14, or

(c) by the company or its directors under paragraph 22.

Definitions used in Schedule B1, paragraph 2 4

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
floating charge

“floating charge” means a charge which is a floating charge on its creation,

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

Cases considering Schedule B1, paragraph 2 3

One Blackfriars Ltd, Re

[2021] EWHC 684 (Ch) · 23 March 2021Defines

The provision identifies the possible routes by which an administrator may be appointed. It was used to contrast court, floating-charge and company or director appointments within the statutory administration regime. (see para [195])

Panter v Rowellian Football Social Club & Ors

[2011] EWHC 1301 (Ch) · 20 May 2011Defines

Paragraph 2 was used with paragraph 1 to identify the statutory administration regime as applying to a company. It formed part of the jurisdictional analysis.

Pillar Securitisation SARL & Ors v Spicer & Anor (Court Administrators)

[2010] EWHC 836 (Ch) · 1 April 2010

Confirms that a person may be appointed as administrator of a company by the company or its directors under paragraph 22. The provision formed part of the statutory framework from which the prescribed form requirements were derived. (see para [29])

What each judgment says about Schedule B1, paragraph 2 is in the case-law panel in the full Act.