Section 9(3)

Where the court is satisfied that there is an administrative receiver of the company, the court shall dismiss the petition unless it is also satisfied either— that the person by whom or on whose behalf the receiver was appointed has consented to the making of the order, or that, if an administration order were made, any security by virtue of which the receiver was appointed would— be void against the administrator to any extent by virtue of the provisions of Part XII of the Companies Act 1985 (registration of company charges), be liable to be released or discharged under sections 238 to 240 in Part VI (transactions at an undervalue and preferences), be avoided under section 245 in that Part (avoidance of floating charges), or be challengeable under section 242 (gratuitous alienations) or 243 (unfair preferences) in that Part, or under any rule of law in Scotland.

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Source: legislation.gov.uk · retrieved 2026-09-04