137. Supplying vacancy in office of administrator

(1) This Section applies where an administrator —
(a) dies;
(b) resigns;
(c) is removed from office under Section 132 (Removal of administrator from office); or
(d) vacates office under Section 134 (Administrator ceasing to be qualified).
(2) Where the administrator of a Company was appointed by administration order, the Court may replace the administrator of the Company on an application under this Section made by —
(a) a creditors' committee of the Company;
(b) the Company;
(c) the Directors of the Company;
(d) one or more creditors of the Company; or
(e) where more than one person was appointed to act jointly or concurrently as the administrator of the Company, any of those persons who remain in office.
(3) But an application may be made in reliance on subsection (2)(b) to (d) only where —
(a) there is no creditors' committee of the Company;
(b) the Court is satisfied that the creditors' committee or a remaining administrator of the Company is not taking reasonable steps to make a replacement; or
(c) the Court is satisfied that for another reason it is right for the application to be made.
(4) Where the administrator of the Company was appointed under Section 21 (Power to appoint) the holder of the qualifying charge by virtue of which the appointment was made may replace the administrator of the Company.
(5) Where the administrator of the Company was appointed under Section 29(1) (Power to appoint) by the Company it may replace the administrator of the Company.
(6) A replacement under subsection (5) may be made only —
(a) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property; or
(b) where consent is withheld, with the permission of the Court.
(7) Where the administrator of the Company was appointed under Section 29(2) (Power to appoint) the Directors of the Company may replace the administrator of the Company.
(8) A replacement under subsection (7) may be made only —
(a) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property; or
(b) where consent is withheld, with the permission of the Court.
(9) The Court may replace an administrator of the Company on the application of a person listed in subsection (2) if the Court —
(a) is satisfied that a person who is entitled to replace the administrator of the Company under any of subsections (4), (5) or (7) is not taking reasonable steps to make a replacement; or
(b) that for another reason it is right for the Court to make the replacement.
(10) The Court may replace an administrator of a Deed of Company Arrangement on the application of a creditor or creditors, or a liquidator or provisional liquidator, of the Company concerned.