The Insolvency (England and Wales) Rules 2016

Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

This section has no associated Explanatory Memorandum

3.11.—(1) Where the holder of a qualifying floating charge applies to the court under paragraph 36(1)(b) of Schedule B1 to have a specified person appointed as administrator, the holder must produce to the court—

(a)the written consent of the holder of any prior qualifying floating charge;

(b)the proposed administrator’s consent to act; and

(c)sufficient evidence to satisfy the court that the holder is entitled to appoint an administrator under paragraph 14 of Schedule B1.

(2) If an administration order is made appointing the specified person, the costs of the person who made the administration application and of the applicant under paragraph 36(1)(b) of Schedule B1 are, unless the court orders otherwise, to be paid as an expense of the administration.