Insolvency Act 1986, Schedule B1, paragraph 59

SCHEDULE B1 ADMINISTRATION

59(1)The administrator of a company may do anything necessary or expedient for the management of the affairs, business and property of the company.

(2)A provision of this Schedule which expressly permits the administrator to do a specified thing is without prejudice to the generality of sub-paragraph (1).

(3)A person who deals with the administrator of a company in good faith and for value need not inquire whether the administrator is acting within his powers.

Definitions used in Schedule B1, paragraph 59 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 59 16

Blue Co International LLP, Re

[2020] EWHC 2385 (Ch) · 7 September 2020Interprets

Paragraph 59(1) was interpreted as permitting administrators to take action necessary or expedient for managing the LLPs’ affairs, business and property. The proposed French jurisdictional application fell within that power. (see paras [34]-[45]) Paragraph 59(2) was noted as preserving the generality of paragraph 59(1) where another provision expressly permits a specified act. (see para [35])

Lehman Brothers International (Europe), Re

[2020] EWHC 1932 (Ch) · 15 July 2020Interprets

Confirms the broad power to do anything necessary or expedient for managing the company’s affairs, business and property. The proposed consent fell within that power, subject to the overall statutory objective. (see paras [16], [23]-[24], [37]) Empowers an administrator to do anything necessary or expedient for managing the company’s affairs, business and property. The proposed consent was within that broad management power. (see paras [16], [23]-[24], [37])

Dearing v Skelton & Ors

[2020] EWHC 1370 (Ch) · 29 May 2020

Applies the administrators’ general power to do anything necessary or expedient for management of the company’s affairs, business and property, subject to the administration’s purposes. (see paras [24], [27]-[28])

1 more judgment, and what each says about Schedule B1, paragraph 59, are in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

  1. C1407Sch. B1 para. 59 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
  2. C1408Sch. B1 paras. 59-68 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)
  3. C1409Sch. B1 para. 59 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)
  4. C1410Sch. B1 paras. 59-75 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), 19-25 (with reg. 64)