SCHEDULE B1 ADMINISTRATION
95 The court may replace an administrator on the application of a person listed in paragraph 91(1) if the court—
(a) is satisfied that a person who is entitled to replace the administrator under any of paragraphs 92 to 94 is not taking reasonable steps to make a replacement, or
(b) that for another reason it is right for the court to make the replacement.
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 ActThe court limits paragraph 95 to the replacement of an office-holder. It presupposes the continued existence of the office and does not displace the automatic termination produced by registration under paragraph 84(4). (see paras [18], [38]-[40])
Confirms that the court may order a replacement administrator where the statutory conditions are met, including where it is right to do so despite the wishes of the qualifying floating charge holder. (see para [53])
The court treats paragraph 95 as supporting the power to appoint replacement administrators as remedial relief following a procedural breach (see para [12]).
What each judgment says about Schedule B1, paragraph 95 is in the case-law panel in the full Act.