SCHEDULES

[F1SCHEDULE B1E+W+S ADMINISTRATION

GENERALE+W+S

108(1)A period specified in paragraph 49(5)[F2, 50(1)(b)] or 51(2) may be varied in respect of a company by the administrator with consent.E+W+S

(2)In sub-paragraph (1) “consent” means consent of—

(a)each secured creditor of the company, and

[F3(b)if the company has unsecured debts, creditors whose debts amount to more than 50% of the company’s unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.]

[F3(b)if the company has unsecured debts, the unsecured creditors of the company.]

(3)But where the administrator has made a statement under paragraph 52(1)(b) “consent” means—

(a)consent of each secured creditor of the company, or

(b)if the administrator thinks that a distribution may be made to preferential creditors, consent of—

(i)each secured creditor of the company, and

[F4(ii)preferential creditors whose debts amount to more than 50% of the total preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.]

[F4(ii)the preferential creditors of the company.]

(b)if the company has unsecured debts, the unsecured creditors of the company.

[F5(3A)Whether the company's unsecured creditors or preferential creditors consent is to be determined by the administrator seeking a decision from those creditors as to whether they consent.]

(4)[F6Consent for the purposes of sub-paragraph (1) may be—

(a)written, or

(b)signified at a creditors’ meeting.]

(5)The power to extend under sub-paragraph (1)—

(a)may be exercised in respect of a period only once,

(b)may not be used to extend a period by more than 28 days,

(c)may not be used to extend a period which has been extended by the court, and

(d)may not be used to extend a period after expiry.]