Role, powers, functions and duties of an administrator
Role, powers, functions and duties of an administrator

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Role, powers, functions and duties of an administrator
  • Coronavirus (COVID-19)
  • Brexit impact
  • The administrator's role and function
  • The administrator's duties
  • The administrator's powers
  • The administrator’s discharge

The role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. While the Enterprise Act 2002 significantly amended the old administration regime, the administrators' powers and duties under the old regime were not overruled entirely. They still apply to all administrations pre-September 2003, and to administrations of certain entities (set out under the Enterprise Act 2000, s 249), such as building societies, rail companies etc. Consequently, the administrator's powers and duties are set out both in Sections 14–27 (the old regime) and Sch B1 paras 45-58 (duties) and 59-80 (powers) of the amended Act. This Practice Note focuses on the new regime only.

Coronavirus (COVID-19)

This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19) toolkit. For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion

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