Insolvency Act 1986, section 29

Definitions

Part III Receivership

(1)It is hereby declared that, except where the context otherwise requires—

(a)F124any reference in . . . this Act to a receiver or manager of the property of a company, or to a receiver of it, includes a receiver or manager, or (as the case may be) a receiver of part only of that property and a receiver only of the income arising from the property or from part of it; and

(b)F124any reference in . . . this Act to the appointment of a receiver or manager under powers contained in an instrument includes an appointment made under powers which, by virtue of any enactment, are implied in and have effect as if contained in an instrument.

(2) In this Chapter “administrative receiver” means—

(a)a receiver or manager of the whole (or substantially the whole) of a company’s property appointed by or on behalf of the holders of any debentures of the company secured by a charge which, as created, was a floating charge, or by such a charge and one or more other securities; or

(b)a person who would be such a receiver or manager but for the appointment of some other person as the receiver of part of the company’s property.

Definitions used in section 29 2

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

(1) In this Chapter “company” means a company registered under the Companies Act 2006 in England and Wales or Scotland.

Defined in s.28(1) · see it in the full Act

Cases considering section 29 4

Dairy Farmers of Britain Ltd, Re

[2009] EWHC 1389 (Ch) · 18 June 2009Interprets

Because an industrial and provident society is not a “company” for Part III, a receiver appointed over its property is not an “administrative receiver” within section 29(2) (see paras [20], [40]).

Glint Pay Ltd & Ors v Jason Daniel Baker & Anor

[2026] EWCA Civ 1023 · 31 July 2026Defines

The court used the original definition of an administrative receiver to explain the former remedy available to floating-charge holders. (see para [73])

SAW (SW) 2010 Ltd & Anor v Wilson & Ors

[2017] EWCA Civ 1001 · 25 July 2017

The meaning of a floating charge under this provision was treated as materially equivalent to its meaning under paragraph 14 of Schedule B1 for the issue before the court. (see paras [25]-[26]; [47]-[48])

What each judgment says about section 29 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F124Words in s. 29(1)(a)(b) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009, (S.I. 2009/1941) arts. 2(1), 8, {Sch. 1 para. 74(3)} (with art. 10, Sch. 1 para. 84)