22. Restrictions on power to appoint

(1) A person may not appoint an administrator of a Company under Section 21 (Power to appoint) unless —
(a) he has given at least two business days' written notice of the intention to appoint to the holder of any prior charge which satisfies Section 21(2) (Power to appoint); or
(b) the holder of any prior charge which satisfies Section 21(2) (Power to appoint) has consented in writing to the making of the appointment.
(2) One charge is prior to another for the purposes of this Section and Section 140 (Substitution of administrator: competing qualifying charge-holder) if —
(a) it is to be treated as having priority in accordance with an agreement to which the holder of each charge was party; or if there is no such agreement determining priority
(b) it (or in the case of Section 21(3)(b) (Power to appoint), any charge or security forming part of it) is registered under section 784 (Charges created by a company) of the Companies Regulations 2015 and was created first.
(3) An administrator of a Company may not be appointed under Section 21 (Power to appoint) while a charge on which the appointment relies is not enforceable.
(4) An administrator of a Company may not be appointed under Section 21 (Power to appoint) if —
(a) a provisional liquidator of the Company has been appointed under Section 210 (Appointment of provisional liquidator or of liquidator following administration); or
(b) an administrative receiver of the Company is in office.