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Business in administration and Administrator's responsibilities
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#1 Posted : 27 May 2009 16:25:00(UTC)
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Posted By John Murray
Does an Administrator assume responsibility as the 'person in control of premises' when a business goes in to administration. The property was leased to a tenant.
Appreciate any advice.
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#2 Posted : 28 May 2009 08:09:00(UTC)
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Posted By Neil R
In all honesty it's a mine field, there are a hundred and one legal loopholes etc...

But in theory the answer is yes, an administrator relieves the current company heads of all their duties and assumes control, for the time the administrators are in control they assume all health and safety responsibilities.
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#3 Posted : 28 May 2009 08:46:00(UTC)
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Posted By John Murray
Many thanks Neil.
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#4 Posted : 28 May 2009 14:34:00(UTC)
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Posted By Andy Barr
"No legal proceedings may be instituted or continued against a company in administration except with the consent of the administrator or the permission of the court."

This is taken from HSEs Enforcement Guide which provides advise to H&S Inspectors about taking enforcment actions. This section also covers bankruptcy, insolvency, receivership etc. Follow the link for further details.

http://www.hse.gov.uk/en...entifying/insolvency.htm
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#5 Posted : 28 May 2009 16:54:00(UTC)
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Posted By John Murray
Had a very informative response from the IOSH helpline service and think the matter is resolved.
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#6 Posted : 28 May 2009 17:13:00(UTC)
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Posted By Stuff4blokes
John, if your answer adds anything to the previous posts I would be grateful if you could paraphrase and post here.

Thanks
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#7 Posted : 04 June 2009 16:43:00(UTC)
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Posted By John Murray
Apologies for late reply. The IOSH response came from a fact sheet by a legal firm and is titled 'Liquidators' and Administrators Health and Safety Duties'. The main point was that where an Administrator takes an interest in the day to day running of a company and makes health and safety decisions then the Administrator could be liable under S37 of the HSWA. There are likley to be other legal matters that should be considered such as the extent of control the Administrator has.
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