Insolvency Act 1986, Schedule B1, paragraph 60

SCHEDULE B1 ADMINISTRATION

60 [F1334 (1)F1334] The administrator of a company has the powers specified in Schedule 1 to this Act.

[F1335 (2) But the power to sell, hire out or otherwise dispose of property is subject to any regulations that may be made under paragraph 60A.F1335]

Definitions used in Schedule B1, paragraph 60 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 60 15

Twizell & Anor v Entrust & Ors

[2009] EWCA Civ 1192 · 12 November 2009

The court confirmed that paragraph 60 of Schedule B1 supplied the administrators’ requisite power of sale. (see para [26])

In the matter of Petropavlovsk plc (in administration)

[2022] EWHC 2097 (Ch) · 5 August 2022

The court confirmed that paragraph 60, together with paragraph 2 of Schedule 1, gave the administrators power to sell or otherwise dispose of company property by private contract. (see para [70])

Rollingson v Hollingsworth & Ors

[2020] EWHC 3568 (QB) · 22 December 2020Defines

Identifies the statutory assignment power relied upon in characterising the bidding process. The court treated that assignment process as conceptually distinct from the separate statutory power to compromise claims and therefore outside settlement negotiations for without-prejudice purposes (see paras [72], [93]-[95]).

What each judgment says about Schedule B1, paragraph 60 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1334Sch. B1 para. 60 renumbered as Sch. B1 para. 60(1) (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 129(2), 164(3)(i)(ii)
  2. F1335Sch. B1 para. 60(2) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 129(3), 164(3)(i)(ii)

Modifications

  1. 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)
  2. C1411Sch. B1 para. 60 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
  3. C1412Sch. B1 para. 60 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)