The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023
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Change 1
As published
91 Provision of information to the Secretary of State
(1) Paragraph (2) applies where the relevant licensee nuclear company administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act.
(2) The nuclear administrator must, at the same time as delivering the final progress report to the Secretary of State under rule 88(2), 89(3) or 90(2), provide the Secretary of State with the following information—
(a) a breakdown of the relevant debts of the relevant licensee nuclear company which remain outstanding, and
(b) details of any shortfall in the property of the relevant licensee nuclear company available for meeting the relevant debts.
(3) In paragraph (2), “relevant debts” means an obligation to do any of the following—
(a) to make payments in respect of the expenses or remuneration of any person as nuclear administrator of the relevant licensee nuclear company (“the company”);
(b) to make payment in discharge of a debt or liability of the company arising out of a contract entered into at a time when the RLNC administration order was in force by the person who at that time was the nuclear administrator of the company;
(c) to repay the whole or any part of a grant made to the company under section 165 of the 2004 Act as applied by section 33 of the 2022 Act;
(d) to repay a loan made to the company under section 165 of the 2004 Act (as applied by section 33 of the 2022 Act), or to pay interest on such a loan;
(e) to make a payment under section 166(4) of the 2004 Act (as applied by section 33 of the 2022 Act);
(f) to make a payment under section 167(5) of the 2004 Act (as applied by section 33 of the 2022 Act).
(4) In paragraph (2)(b)—
(a) a “shortfall” arises if, in a case where the company is or has been subject to a RLNC administration order, the property available (apart from conditions falling within section 35(1) and (5) of the 2022 Act) for meeting relevant debts is insufficient for meeting them, and
(b) amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.
Your change, as a redline
91 Provision of information to the Secretary of State
(1) Paragraph (2) applies where the relevant licensee nuclear company administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act.
(2) The nuclear administrator must, at the same time as delivering the final progress report to the Secretary of State under rule 88(2), 89(3) or 90(2), provide the Secretary of State with the following information—
(a) a breakdown of the relevant debts of the relevant licensee nuclear company which remain outstanding, and
(b) details of any shortfall in the property of the relevant licensee nuclear company available for meeting the relevant debts.
(3) In paragraph (2), “relevant debts” means an obligation to do any of the following—
(a) to make payments in respect of the expenses or remuneration of any person as nuclear administrator of the relevant licensee nuclear company (“the company”);
(b) to make payment in discharge of a debt or liability of the company arising out of a contract entered into at a time when the RLNC administration order was in force by the person who at that time was the nuclear administrator of the company;
(c) to repay the whole or any part of a grant made to the company under section 165 of the 2004 Act as applied by section 33 of the 2022 Act;
(d) to repay a loan made to the company under section 165 of the 2004 Act (as applied by section 33 of the 2022 Act), or to pay interest on such a loan;
(e) to make a payment under section 166(4) of the 2004 Act (as applied by section 33 of the 2022 Act);
(f) to make a payment under section 167(5) of the 2004 Act (as applied by section 33 of the 2022 Act).
(4) In paragraph (2)(b)—
(a) a “shortfall” arises if, in a case where the company is or has been subject to a RLNC administration order, the property available (apart from conditions falling within section 35(1) and (5) of the 2022 Act) for meeting relevant debts is insufficient for meeting them, and
(b) amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.
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