105. Challenge to administrator's conduct

(1) A creditor or member of a Company in administration or subject to a Deed of Company Arrangement may apply to the Court claiming that —
(a) the administrator of the Company or of the Deed of Company Arrangement is acting or has acted so as unfairly to harm the interests of the applicant (whether alone or in common with some or all other members or creditors); or
(b) the administrator of the Company or of the Deed of Company Arrangement proposes to act in a way which would unfairly harm the interests of the applicant (whether alone or in common with some or all other members or creditors).
(2) A creditor or member of a Company in administration or subject to a Deed of Company Arrangement may apply to the Court claiming that the administrator of the Company or of the Deed of Company Arrangement is not performing his functions as quickly or as efficiently as is reasonably practicable.
(3) The Court may —
(a) grant relief;
(b) dismiss the application;
(c) adjourn the hearing conditionally or unconditionally;
(d) make an interim order; and/or
(e) make any other order it thinks appropriate.
(4) In particular, an order under this Section may —
(a) regulate the exercise by the administrator of his functions;
(b) require the administrator to do or not do a specified thing;
(c) require a creditors' meeting or meeting of creditors to be held for a specified purpose;
(d) provide for the appointment of an administrator to cease to have effect; and/or
(e) make consequential provision.
(5) An order may be made on a claim under subsection (1) whether or not the action complained of —
(a) is within the powers of the administrator under these Regulations; or
(b) was taken in reliance on an order under Section 100 (Charged property) or Section 101 (Hire-purchase property).
(6) An order may not be made under this Section if it would impede or prevent the implementation by the administrator of a Company of —
(a) a compromise or arrangement sanctioned under Part 25 (Arrangements and Reconstructions) of the Companies Regulations 2015; or
(b) proposals or a revision approved under Section 64 (Business and result of initial creditors' meeting) or Section 65 (Revision of administrator's proposals) more than 28 days before the day on which the application for the order under this Section is made.