61 The administrator of a company—
(a) may remove a director of the company, and
(b) may appoint a director of the company (whether or not to fill a vacancy).
Definitions used in Schedule B1, paragraph 61 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 61 3
Systems Building Services Group Ltd, Re
Used to confirm that entry into administration does not itself remove directors from office, although their management powers are restricted. (see para [38])
ALISON GRANT & Ors v FR ACQUISITIONS CORPORATION (EUROPE) LTD & Anor
The provision is referred to as the power used to appoint directors during the continuing administration and to facilitate distributions of surplus. (see para [49(4)])
Lehman Brothers Europe Ltd, Re
Applied as the power under which the administrators could appoint a director to implement the proposed company-law steps (see para [22]).
What each judgment says about Schedule B1, paragraph 61 is in the case-law panel in the full Act.
Amendments and notes
3 notes from legislation.gov.uk
Modifications
- 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)
- C1414Sch. B1 para. 61 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
- C1415Sch. B1 para. 61 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37, Sch. 2 paras. 4-6 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)