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Insolvency Act 1986

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Insolvency Act 1986, SCHEDULE 1 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act amendment to earlier affecting provision S.I. 1986/1999, art. 3, Sch. 1 Pt. 2 by S.I. 2017/1119 Sch. 3 para. 1
  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sections 14, 42.

SCHEDULE 1E+W+S Powers of Administrator or Administrative Receiver

Modifications etc. (not altering text)

C1Sch. 1 modified (1.12.1994) by The Insolvent Partnerships Order 1994 (S.I. 1994/2421), Sch. 2 para. 43 (as amended (1.7.2005) by S.I. 2005/1516, art. 7, Sch. 1)

C3Sch. 1 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

C4Sch. 1 applied (with modifications) (E.W.S.) (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)

1E+W+SPower to take possession of, collect and get in the property of the company and, for that purpose, to take such proceedings as may seem to him expedient.

2E+W+SPower to sell or otherwise dispose of the property of the company by public auction or private contract or, in Scotland, to sell, [F1feu,] hire out or otherwise dispose of the property of the company by public roup or private bargain.

Textual Amendments

F1Word in Sch. 1 para. 2 repealed (S.) (28.11.2004) by 2000 asp 5, ss. 71, 76(2), 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

3E+W+SPower to raise or borrow money and grant security therefor over the property of the company.

4E+W+SPower to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.

5E+W+SPower to bring or defend any action or other legal proceedings in the name and on behalf of the company.

6E+W+SPower to refer to arbitration any question affecting the company.

7E+W+SPower to effect and maintain insurances in respect of the business and property of the company.

8E+W+SPower to use the company’s seal.

9E+W+SPower to do all acts and to execute in the name and on behalf of the company any deed, receipt or other document.

10E+W+SPower to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the company.

11E+W+SPower to appoint any agent to do any business which he is unable to do himself or which can more conveniently be done by an agent and power to employ and dismiss employees.

12E+W+SPower to do all such things (including the carrying out of works) as may be necessary for the realisation of the property of the company.

13E+W+SPower to make any payment which is necessary or incidental to the performance of his functions.

14E+W+SPower to carry on the business of the company.

15E+W+SPower to establish subsidiaries of the company.

16E+W+SPower to transfer to subsidiaries of the company the whole or any part of the business and property of the company.

17E+W+SPower to grant or accept a surrender of a lease or tenancy of any of the property of the company, and to take a lease or tenancy of any property required or convenient for the business of the company.

18E+W+SPower to make any arrangement or compromise on behalf of the company.

19E+W+SPower to call up any uncalled capital of the company.

20E+W+SPower to rank and claim in the bankruptcy, insolvency, sequestration or liquidation of any person indebted to the company and to receive dividends, and to accede to trust deeds for the creditors of any such person.

21E+W+SPower to present or defend a petition for the winding up of the company.

22E+W+SPower to change the situation of the company’s registered office.

23E+W+SPower to do all other things incidental to the exercise of the foregoing powers.

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