Paragraph 38 C1F1

Paragraph 103 is modified so as to read as follows—

“103.

(1)

Where a partnership is in administration, a person may be appointed to act as administrator jointly or concurrently with the person or persons acting as the administrator of the partnership.

(2)

Where a partnership entered administration by administration order, an appointment under sub-paragraph (1) must be made by the court on the application of—

(a)

a person or group listed in paragraph 12(1)(a) to (c), or

(b)

the person or persons acting as the administrator of the partnership.

(3)

Where a partnership entered administration by virtue of an appointment under paragraph 14, an appointment under sub-paragraph (1) must be made by—

(a)

the holder of the agricultural floating charge by virtue of which the appointment was made, or

(b)

the court on the application of the person or persons acting as the administrator of the partnership.

(4)

Where a partnership entered administration by virtue of an appointment under paragraph 22, an appointment under sub-paragraph (1) above must be made either by the court on the application of the person or persons acting as the administrator of the partnership or—

(a)

by the members of the partnership, and

(b)

with the consent of each person who is the holder of a qualifying agricultural floating charge in respect of the partnership property or, where consent is withheld, with the permission of the court.

(5)

An appointment under sub-paragraph (1) may be made only with the consent of the person or persons acting as the administrator of the partnership.”.