28
(1)
An appointment may not be made under paragraph 22 unless the person who makes the appointment has complied with any requirement of paragraphs 26 and 27 and—
(a)
the period of notice specified in paragraph 26(1) has expired, or
(b)
each person to whom notice has been given under paragraph 26(1) has consented in writing to the making of the appointment.
(2)
An appointment may not be made under paragraph 22 after the period of ten business days beginning with the date on which the notice of intention to appoint is filed under paragraph 27(1).
Cases considering Schedule B1, paragraph 28 15
[2017] EWCA Civ 267 · 11 April 2017
Sets conditions and timing for appointment by the company or its directors. Its structure supported construing the notice as linked to an intended appointment rather than a mere possibility. (see paras [4], [36], [51], [58])
Limits appointment to ten business days after filing the notice copy and thereby helps define the period of the interim moratorium. (see paras [4]-[5], [16]-[18], [37])
[2021] EWHC 800 (Ch) · 31 March 2021Limits
Applies the requirement that an appointment under paragraph 22 cannot be made unless the notice period has expired or the notified person has consented in writing. The court nevertheless treated breach of the notice regime as a curable irregularity in this case. (see paras [5]; [15]-[18])
[2021] EWHC 436 (Ch) · 25 January 2021Limits
The judgment applies paragraph 28 to confirm that an appointment cannot take effect unless the notice, filing and notice-period requirements have been met or the relevant persons have consented. (see paras [16], [32])
The provision is cited in defining the period during which the statutory notice requirements operate. The invalid notices did not produce the statutory consequences associated with that period. (see paras [16], [20])
What each judgment says about Schedule B1, paragraph 28 is in the case-law panel in the full Act.