Insolvency Act 1986, Schedule B1, paragraph 68

SCHEDULE B1 ADMINISTRATION

68 (1) Subject to sub-paragraph (2), the administrator of a company shall manage its affairs, business and property in accordance with—

(a) any proposals approved under paragraph 53,

(b) any revision of those proposals which is made by him and which he does not consider substantial, and

(c) any revision of those proposals approved under paragraph 54.

(2) If the court gives directions to the administrator of a company in connection with any aspect of his management of the company’s affairs, business or property, the administrator shall comply with the directions.

(3) The court may give directions under sub-paragraph (2) only if—

(a) no proposals have been approved under paragraph 53,

(b) the directions are consistent with any proposals or revision approved under paragraph 53 or 54,

(c) the court thinks the directions are required in order to reflect a change in circumstances since the approval of proposals or a revision under paragraph 53 or 54, or

(d) the court thinks the directions are desirable because of a misunderstanding about proposals or a revision approved under paragraph 53 or 54.

Definitions used in Schedule B1, paragraph 68 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 68 26

Dearing v Skelton & Ors

[2020] EWHC 1370 (Ch) · 29 May 2020Limits

Applies the requirement that administrators manage the company’s affairs, business and property in accordance with approved proposals, subject to permitted revision and court directions. (see paras [23], [28], [35]) Limits the court’s power to give directions concerning the administrators’ management during the administration. (see paras [23], [28])

Promontoria (Chestnut) Ltd v Craig & Anor

[2017] EWHC 2405 (Ch) · 31 August 2017Limits

Applies the court’s power to give directions concerning administration management. The power was not available to reinstate the receivers because the approved proposals engaged the restrictions in paragraph 68(3) (see paras [46]-[48]). Limits the court’s power to give directions after approval of administrators’ proposals. Because there was no relevant change of circumstances or misunderstanding, a direction reinstating the receivers was barred (see paras [46]-[48]).

Lehman Brothers Europe Ltd, Re

[2017] EWHC 2031 (Ch) · 3 August 2017

Applied as requiring administrators to manage the company in accordance with approved proposals, subject to permitted revisions and court directions. The proposal was held consistent with the 2008 proposals because it advanced creditor recoveries and facilitated settlement (see paras [69]-[75]). Considered in relation to the court’s power to give directions concerning management. The directions were permissible because they were consistent with the approved proposals and reflected the circumstances of the administration (see paras [70]-[75]).

6 more judgments, and what each says about Schedule B1, paragraph 68, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

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. C1434Sch. B1 para. 68 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. C1435Sch. B1 para. 68 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)