OpenLegislation

Paragraph 32 C1F1

Paragraph 91 is modified so as to read as follows—

“91.
(1)

Where the administrator was appointed by administration order, the court may replace the administrator on an application under this sub-paragraph made by—

(a)

a creditors' committee of the partnership,

(b)

the members of the partnership,

(c)

one or more creditors of the partnership, or

(d)

where more than one person was appointed to act jointly or concurrently as the administrator, any of those persons who remains in office.

(2)

But an application may be made in reliance on sub-paragraph (1)(b) and (c) only where—

(a)

there is no creditors' committee of the partnership,

(b)

the court is satisfied that the creditors' committee or a remaining administrator is not taking reasonable steps to make a replacement, or

(c)

the court is satisfied that for another reason it is right for the application to be made.”.

Annotations

Textual amendments

F1

Sch. 2 substituted (1.7.2005) by The Insolvent Partnerships (Amendment) Order 2005 (S.I. 2005/1516), art. 1(1), Sch. 1 (with art. 2)

Modifications

C1

Sch. 2 para. 32 modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 2 paras. 3-6 (with reg. 5 (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4))