Insolvency Act 1986, Schedule B1, paragraph 22

SCHEDULE B1 ADMINISTRATION

Definitions used in Schedule B1, paragraph 22 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 22 49

Randhawa & Anor v Turpin & Anor

[2017] EWCA Civ 1201 · 1 August 2017Interprets

The court treated this as confirming that the company itself may appoint an administrator. It did not displace the requirement that the company act through its constitution. (see para [78]) The power of directors to appoint an administrator does not override the articles’ requirements governing how directors may act. A sole director acting at an inquorate board meeting could not make a valid appointment. (see paras [73]; [77]-[79])

Abigal Boura v Lyhfl Limited

[2023] EWHC 2585 (Ch) · 19 October 2023Interprets

Uses the parallel wording governing appointments out of court to confirm that the requirements for valid board authority should not differ between court applications and out-of-court appointments. (see paras [5], [12]-[16])

Security Trustee Services Ltd & Ors v Seabrook Road Ltd (Re Seabrook Road Ltd) (Rev 1)

[2021] EWHC 436 (Ch) · 25 January 2021Limits

The judgment applies the company’s statutory power to appoint an administrator out of court, subject to compliance with the notice and filing requirements in paragraphs 26 to 28. (see paras [15]-[16])

29 more judgments, and what each says about Schedule B1, paragraph 22, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Modifications

  1. C1353Sch. B1 para. 22 restricted (5.10.2004) by Energy Act 2004 (c. 20), ss. 163, 198; S.I. 2004/2575, art. 2(1), Sch. 1
  2. C1354Sch. B1 para. 22 modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), ss. 107, 216(3) (with ss. 116, 117); S.I. 2018/805, reg. 3(a)