46. Interim moratorium

(1) This Section applies where an administration application in respect of a Company has been made and —
(a) the application has not yet been granted or dismissed; or
(b) the application has been granted but the administration order has not yet taken effect.
(2) This Section also applies from the time when a copy of notice of intention to appoint an administrator of a Company under Section 21 (Power to appoint) is filed with the Court until —
(a) the appointment of the administrator of the Company takes effect; or
(b) the period of five business days beginning with the date of filing expires without an administrator of the Company having been appointed.
(3) Subsection (2) has effect in relation to a notice of intention to appoint only if it is in the prescribed form.
(4) This Section also applies from the time when a copy of a notice of intention to appoint an administrator of a Company is filed with the Court under Section 31(4) (Notice of intention to appoint) until —
(a) the appointment of the administrator of the Company takes effect; or
(b) the period specified in Section 31(9) (Notice of intention to appoint) expires without an administrator of the Company having been appointed.
(5) The provisions of Sections 44 (Moratorium on Insolvency Proceedings) and 45 (Moratorium on other legal process) shall apply (ignoring any reference to the consent of the administrator of the Company).
(6) If there is an administrative receiver of the Company when the administration application is made, the provisions of Sections 44 (Moratorium on Insolvency Proceedings) and 45 (Moratorium on other legal process) shall not begin to apply by virtue of this Section until the person by or on behalf of whom the receiver was appointed consents to the making of the administration order.
(7) This Section does not prevent or require the permission of the Court for —
(a) the presentation of a petition for the winding-up of the Company under a provision mentioned in Section 44(4) (Moratorium on Insolvency Proceedings);
(b) the appointment of an administrator of the Company under Section 21 (Power to appoint);
(c) the appointment of an administrative receiver of the Company; or
(d) the carrying out by an administrative receiver (whenever appointed) of his functions.