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Section A39: Replacement of monitor or appointment of additional monitor

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part A1: Moratorium — CHAPTER 5: The monitor

The court may make an order authorising the appointment of a qualified person to act as the monitor in relation to a moratorium instead of, or in addition to, a person who already acts as the monitor.

The court may make an order providing that a person ceases to act as the monitor in relation to a moratorium.

An order under subsection (1) or (2) may be made only on an application by the directors or the monitor.

The court may make an order authorising the appointment of a monitor under subsection (1) only if the person has provided the court with a statement that the person—

is a qualified person, and
consents to act as the monitor in relation to the moratorium.

Where it is proposed that more than one person should act as the monitor in relation to the moratorium, the statement under subsection (4) must specify—

which functions (if any) are to be exercised by the persons acting jointly, and
which functions (if any) are to be exercised by any or all of the persons.

The rules may make provision about the date on which the statement under subsection (4) must be made.

Where the court makes an order under subsection (1) or (2) the person begins to act as the monitor, or ceases to act as the monitor, in relation to the moratorium at the time specified in, or determined in accordance with, the order ("the relevant time").

As soon as reasonably practicable after the relevant time, the monitor must notify the following of the effect of the order—

the registrar of companies,
every creditor of the company of whose claim the monitor is aware,
in a case where the company is or has been an employer in respect of an occupational pension scheme that is not a money purchase scheme, the Pensions Regulator, and
in a case where the company is an employer in respect of such a pension scheme that is an eligible scheme within the meaning given by section 126 of the Pensions Act 2004, the Board of the Pension Protection Fund.

If the monitor without reasonable excuse fails to comply with subsection (8), the monitor commits an offence.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.