Whether a receiver appointed out of court is or is not an administrative receiver is a question of law and neither his description in the appointment nor the parties' intention is necessarily relevant. A receiver or manager who does not fulfil the necessary statutory conditions to be classified as an administrative receiver (see 50[1] above) will fulfil the role of receiver or manager largely unaffected by the provisions of the Insolvency Act 1986.
The following are examples of such types of receiver: (i) the receiver of income only (ie the Law of Property Act receiver); (ii) a receiver under a debenture creating only a fixed charge but conferring on the receiver more extensive powers than the mere collection of income, for example, the power to get in and realise the secured assets; and (iii) a receiver under a debenture,
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