31. Notice of intention to appoint

(1) A person who proposes to make an appointment under Section 29 (Power to appoint) shall give at least five business days' written notice to —
(a) any person who is or may be entitled to appoint an administrative receiver of the Company; and
(b) any person who is or may be entitled to appoint an administrator of the Company under Section 21 (Power to appoint).
(2) A person who proposes to make an appointment under Section 29 (Power to appoint) shall also give a copy of the notice of intention to appoint to —
(a) any enforcement officer who, to the knowledge of the person giving the notice, is charged with execution or other legal process against the Company;
(b) any person who, to the knowledge of the person giving the notice, has distrained against the Company or its property; and
(c) the Company, if the Company is not intending to make the appointment.
(3) A notice under this Section must —
(a) identify the proposed administrator of the Company; and
(b) be in the prescribed form.
(4) A person who gives notice of intention to appoint under this Section shall file with the Court as soon as is reasonably practicable a copy of —
(a) the notice; and
(b) any document accompanying it.
(5) The copy filed under subsection (4) must be accompanied by a declaration (in a form prescribed by the Board in rules made by the Board) made by or on behalf of the person who proposes to make the appointment —
(a) that the Company is or is likely to become unable to pay its debts;
(b) that the Company is not in liquidation; and
(c) that, so far as the person making the statement is able to ascertain, the appointment is not prevented by Section 30 (Restrictions on power to appoint); and
(d) to such additional effect, and giving such information, as may be prescribed.
(6) A declaration under subsection (5) must be made not more than five (5) business days before the notice is filed with the Court.
(7) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (5) he makes a statement —
(a) which is false; and
(b) which he does not reasonably believe to be true.
(8) An appointment may not be made under Section 29 (Power to appoint) unless the person who makes the appointment has complied with any requirement of this Section and —
(a) the period of notice specified in subsection (1) has expired; or
(b) each person to whom notice has been given under subsection (1) has consented in writing to the making of the appointment.
(9) An appointment may not be made under Section 29 (Power to appoint) after the period of ten (10) business days beginning with the date on which the notice of intention to appoint is filed under subsection (4).