Schedule 16, paragraph 96

This paragraph applies where an administrator of a company is appointed under paragraph 14 by the holder of a qualifying floating charge in respect of the company’s property. The holder of a prior qualifying floating charge in respect of the company’s property may apply to the court for the administrator to be replaced by an administrator nominated by the holder of the prior floating charge. One floating charge is prior to another for the purposes of this paragraph if— it was created first, or it is to be treated as having priority in accordance with an agreement to which the holder of each floating charge was party. Sub-paragraph (3) shall have effect in relation to Scotland as if the following were substituted for paragraph (a)— it has priority of ranking in accordance with section 464(4)(b) of the Companies Act 1985 (c. 6), ”.

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