The procedure for an application to Court for the appointment of an Administrator pursuant to paragraph 12 of Schedule B1 IA 86 is covered by r3.3-3.15 of the 2016 rules.
Key points to note:
- There is a prescribed form prepared by the Court for the Application Notice - Form COMP 8 (and not form IAA). The application must also comply with the requirements of r3.3 as to contents and the general requirements of r1.35. It must be authenticated (within the meaning of r1.5) by the applicant or applicant's solicitor and dated.
- The application must be filed with the witness statement and the consent to Act (r3.7). The witness statement must comply with r3.6 and the proposed Administrator's Consent to Act must comply with r3.2.
- Notification of the application for the purposes of Para 12 Sch B1 must be by service (not delivery) - r3.8, and should be served on persons mentioned in para 12 and r3.8(3). Also have regard to para 3 of Schedule 4 of the 2016 Rules. There is no longer a minimum period of time between service and the hearing (unlike old r2.8). r12.9 applies to applications generally and stipulates that the application should be served/delivered at least 14 (clear) days before the hearing, unless treated as an urgent application (r12.10) or the Court extends or abridges time (r12.9(3)(c)). For urgent applications, regard should be had to r12.10 and the Insolvency PD.
- Certificates of service must be filed with the Court no later than the business day prior to the hearing. A notice confirming an application has been made should be delivered as soon as reasonably practicable to enforcement agents or any person charged with distress or other legal process (r3.9).
- The applicant has an obligation to notify the Court of the existence of any insolvency proceedings as soon as becoming aware - r3.10.
- The hearing and contents of an administration order are outlined in r3.12 and r3.13. Once an order is made, it must be delivered by the applicant to the Administrator as soon as reasonably practicable (r3.15(2)).