Insolvency Act 1986, Schedule B1, paragraph 46

SCHEDULE B1 ADMINISTRATION

46(1)This paragraph applies where a person becomes the administrator of a company.

(2)As soon as is reasonably practicable the administrator shall—

(a)send a notice of his appointment to the company, and

(b)publish a notice of his appointment in the prescribed manner.

(3)As soon as is reasonably practicable the administrator shall—

(a)obtain a list of the company’s creditors, and

(b)send a notice of his appointment to each creditor of whose claim and address he is aware.

(4)The administrator shall send a notice of his appointment to the registrar of companies before the end of the period of 7 days beginning with the date specified in sub-paragraph (6).

(5)The administrator shall send a notice of his appointment to such persons as may be prescribed before the end of the prescribed period beginning with the date specified in sub-paragraph (6).

(6)The date for the purpose of sub-paragraphs (4) and (5) is—

(a)in the case of an administrator appointed by administration order, the date of the order,

(b)in the case of an administrator appointed under paragraph 14, the date on which he receives notice under paragraph 20, and

(c)in the case of an administrator appointed under paragraph 22, the date on which he receives notice under paragraph 32.

(7)The court may direct that sub-paragraph (3)(b) or (5)—

(a)shall not apply, or

(b)shall apply with the substitution of a different period.

(8)A notice under this paragraph must—

(a)contain the prescribed information, and

(b)be in the prescribed form.

(9)An administrator commits an offence if he fails without reasonable excuse to comply with a requirement of this paragraph.

Definitions used in Schedule B1, paragraph 46 3

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

Cases considering Schedule B1, paragraph 46 3

Gould & Anor v Itmo Advent Computer Training Ltd & Anor

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

Interpreted as requiring a notice of appointment to be sent without prescribing post or another particular medium. E-mail was therefore capable of satisfying the requirement where sent to a known address. (see paras [6]-[20]) Interpreted as permitting notice of appointment by e-mail because it requires sending to each known creditor but does not stipulate a postal method. (see paras [6]-[20]) Applied on the basis that sending a notice of appointment by e-mail to a known contractual e-mail address complied with the statutory requirement. (see paras [15]-[20]) The court considered the power to disapply the notice requirement but found it unnecessary because e-mail was permitted under paragraph 46(3). (see para [18]) The court would have disapplied the notice requirement if necessary because the financial saving was significant and the risk of non-receipt was minimal. (see para [18])

Matthew Robert Haw & Anor v QM Systems Limited (in administration)

[2024] EWHC 1944 (Ch) · 29 July 2024Interprets

Paragraph 46 was considered with rule 3.27 in identifying the separate Companies House notice containing information about who appointed the administrator. This supported treating the rule 3.24 heading as document-identification machinery rather than a condition of validity. (see para [27])

One Blackfriars Ltd, Re

[2021] EWHC 684 (Ch) · 23 March 2021

The administrators’ appointment was a matter of public record and had to be publicised. The court relied on this in rejecting the allegation that identifying the Company as being in administration improperly tainted the sale process. (see para [400])

What each judgment says about Schedule B1, paragraph 46 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Modifications

  1. C1356Sch. B1 paras. 40-49 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. C1357Sch. B1 paras. 40-49 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), 11-17 (with reg. 64)
  3. C1376Sch. B1 para. 46 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
  4. C1377Sch. B1 para. 46 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)
  5. C1378Sch. B1 para. 46(4) modified (E.W.) (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 26 (with regs. 1(2), 3(a)(ii))