(1)The powers conferred on the administrative receiver of a company by the debentures by virtue of which he was appointed are deemed to include (except in so far as they are inconsistent with any of the provisions of those debentures) the powers specified in Schedule 1 to this Act.
(2)In the application of Schedule 1 to the administrative receiver of a company—
(a) the words “he” and “him” refer to the administrative receiver, and
(b)references to the property of the company are to the property of which he is or, but for the appointment of some other person as the receiver of part of the company’s property, would be the receiver or manager.
(3)A person dealing with the administrative receiver in good faith and for value is not concerned to inquire whether the receiver is acting within his powers.
Cases considering section 42 3
[2004] EWCA Civ 315 · 19 March 2004Limits
Section 42(1) was identified as the source of an administrator’s general powers in Schedule 1, but the court considered that Schedule 1 added nothing to the powers conferred by the debenture in this case. (see para [35])
[2015] EWHC 1647 (Ch) · 18 June 2015Defines
Identifies section 42 as one of the statutory provisions to which the necessary-or-incidental wording in Schedule 1 relates. It provides context for interpreting “incidental” and is not applied to decide the appeal. (see para [49])
[2014] EWHC 2614 (Ch) · 17 July 2014
The court confirmed that the joint administrators had power to enter into and perform the Settlement Agreement under section 42, subject to the limited supervisory role considered on the application. (see paras [3]; [34])
What each judgment says about section 42 is in the case-law panel in the full Act.