SCHEDULE B1 ADMINISTRATION
25 An administrator of a company may not be appointed under paragraph 22 if—
(a) a petition for the winding up of the company has been presented and is not yet disposed of,
(b) an administration application has been made and is not yet disposed of, or
(c) an administrative receiver of the company is in office.
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 Act2 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(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“administrative receiver” has the meaning given by section 251,
Defined in Sch.B1 para.111(1) · see it in the full ActInterpreted as preventing an out-of-court appointment under paragraph 22 where a winding-up petition has been presented and remains undisposed of. It does not prevent filing a notice of intention to appoint under paragraph 27.
The court interpreted paragraph 25 as excluding a winding-up petition presented in contravention of the interim moratorium. That construction prevented the petition from defeating an otherwise valid appointment under paragraph 22 (see paras [2], [7]-[10]).
Applied to prevent the directors from proceeding with the appointment of administrators while the winding-up petition remained issued and undisposed of (see para [16]).
What each judgment says about Schedule B1, paragraph 25 is in the case-law panel in the full Act.