Law

The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023

United Kingdom · regulation

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In force since 2023-07-18, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 186 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Application
  4. 3 Interpretation
  5. 4 Interpretation: “debt”; “liability”
  6. 5 Form of application
  7. 6 Proposed nuclear administrator’s statement and consent to act
  8. 7 Witness statement in support of application
  9. 8 Filing of application
  10. 9 Service of application
  11. 10 Notice to officers charged with distress or other legal process
  12. 11 The hearing
  13. 12 Notice of relevant licensee nuclear company administration order
  14. 13 Notification and advertisement of nuclear administrator’s appointment
  15. 14 Notice requiring statement of affairs
  16. 15 Statement of affairs: content
  17. 16 Statement of concurrence
  18. 17 Statement of affairs: filing, etc.
  19. 18 Statement of affairs: limited disclosure
  20. 19 Release from duty to submit statement of affairs; extension of time
  21. 20 Expenses of statement of affairs and statement of concurrence
  22. 21 Nuclear administrator’s proposals
  23. 22 Statement of pre-relevant-licensee-nuclear-company-administration costs
  24. 23 Ancillary provisions about delivery of nuclear administrator’s proposals
  25. 24 Limited disclosure: nuclear administrator’s proposals
  26. 25 Revision of the nuclear administrator’s proposals
  27. 26 Reports
  28. 27 Application
  29. 28 Creditors’ decisions
  30. 29 Creditors’ decisions for the nomination of an alternative liquidator
  31. 30 Decision making
  32. 31 Application
  33. 32 Venue and conduct of company meeting
  34. 33 Proxies and representatives
  35. 34 Remote attendance at meetings: request to specify a place
  36. 35 Action where person excluded
  37. 36 Indication to excluded person
  38. 37 Complaint by or in relation to excluded persons, etc.
  39. 38 Notice of meetings by advertisement only
  40. 39 Non-receipt of notice of meeting
  41. 40 Authority to dispose of property
  42. 41 Expenses
  43. 42 Priority of expenses of relevant licensee nuclear company administration
  44. 43 Pre-relevant-licensee-nuclear-company-administration costs
  45. 44 Proving a debt
  46. 45 Provable debts
  47. 46 Costs of proving
  48. 47 Nuclear administrator to allow inspection of proofs
  49. 48 Appointment of new nuclear administrator: proofs
  50. 49 Admission and rejection of proofs for dividend
  51. 50 Appeal against decision on proof
  52. 51 Withdrawal or variation of proof
  53. 52 Exclusion of proof by the court
  54. 53 Estimate of value of debt
  55. 54 Discounts
  56. 55 Mutual credits and set off
  57. 56 Debt in foreign currency
  58. 57 Payments of a periodical nature
  59. 58 Interest
  60. 59 Debt payable at future time
  61. 60 Voluntary surrender of security
  62. 61 Value of security
  63. 62 Surrender for non-disclosure
  64. 63 Redemption by nuclear administrator
  65. 64 Test of security’s value
  66. 65 Realisation of security by creditor
  67. 66 Distribution to creditors generally
  68. 67 Debts of insolvent relevant licensee nuclear company to rank equally
  69. 68 Supplementary provisions as to dividend
  70. 69 Notice of proposed distribution
  71. 70 Further contents of notice to creditors owed small debts, etc.
  72. 71 Sole or final dividend
  73. 72 Admission or rejection of proofs following last date for proving
  74. 73 Postponement or cancellation of dividend
  75. 74 Declaration of dividend
  76. 75 Notice of declaration of a dividend
  77. 76 Payments of dividends and related matters
  78. 77 Notice of no dividend, or no further dividend
  79. 78 Proof altered after payment of dividend
  80. 79 Secured creditors
  81. 80 Disqualification from dividend
  82. 81 Assignment of right to dividend
  83. 82 Adjustment where dividend paid before time
  84. 83 Division of unsold assets
  85. 84 Fixing of remuneration
  86. 85 Remuneration of new nuclear administrator
  87. 86 Interpretation: final progress reports, etc.
  88. 87 Application to court
  89. 88 Notification by nuclear administrator of court order
  90. 89 Moving from relevant licensee nuclear company administration to creditors’ voluntary liquidation
  91. 90 Moving from relevant licensee nuclear company administration to dissolution
  92. 91 Provision of information to the Secretary of State
  93. 92 Grounds for resignation
  94. 93 Notice of intention to resign
  95. 94 Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2)
  96. 95 Application to court to remove nuclear administrator from office
  97. 96 Notice of vacation of office when nuclear administrator ceases to be qualified to act
  98. 97 Nuclear administrator deceased
  99. 98 Application to replace
  100. 99 Appointment of replacement or additional nuclear administrator
  101. 100 Nuclear administrator’s duties on vacating office
  102. 101 Preliminary
  103. 102 Contents of application
  104. 103 Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
  105. 104 Notice of order under section 176A(5) of the 1986 Act
  106. 105 Filing and service of application
  107. 106 Hearings without notice
  108. 107 Hearing of application
  109. 108 Witness statements
  110. 109 Use of reports
  111. 110 Directions and adjournment
  112. 111 Enforcement of court orders
  113. 112 Orders enforcing compliance
  114. 113 Warrant under section 236 of the 1986 Act
  115. 114 Court file
  116. 115 Office copies of documents
  117. 116 Application and interpretation
  118. 117 Requirement to assess costs by the detailed procedure
  119. 118 Procedure where detailed assessment required
  120. 119 Costs paid otherwise than out of the assets of the relevant licensee nuclear company
  121. 120 Award of costs against nuclear administrator
  122. 121 Application for costs
  123. 122 Costs and expenses of witnesses
  124. 123 Final costs certificate
  125. 124 Introduction
  126. 125 Appointment of another person to act
  127. 126 Witness statement in support of application
  128. 127 Service of notices following appointment
  129. 128 Appeals and reviews
  130. 129 Procedure on appeal
  131. 130 Principal court rules and practice to apply
  132. 131 Performance of functions by the court
  133. 132 Rights of audience
  134. 133 Formal defects
  135. 134 Shorthand writers
  136. 135 Payment into court
  137. 136 Further information and disclosure
  138. 137 Court orders
  139. 138 Application and interpretation
  140. 139 Contents of application
  141. 140 Order for examination, etc.
  142. 141 Procedure for examination
  143. 142 Record of examination
  144. 143 Cost of proceedings under section 236
  145. 144 Application
  146. 145 Personal delivery of documents
  147. 146 Delivery of documents by post (or document exchange)
  148. 147 Delivery of documents to authorised recipients
  149. 148 Delivery of documents to joint nuclear administrators
  150. 149 Electronic delivery of documents
  151. 150 Electronic delivery of documents to the court
  152. 151 Electronic delivery of notices to enforcement officers, etc.
  153. 152 Electronic delivery by nuclear administrators
  154. 153 Use of website by nuclear administrator to deliver a particular document
  155. 154 General use of website to deliver documents
  156. 155 Proof of delivery of documents
  157. 156 Requirement for writing and form of documents
  158. 157 Authentication
  159. 158 Application
  160. 159 Service of relevant licensee nuclear company administration application
  161. 160 Service on joint nuclear administrators
  162. 161 Service of orders staying proceedings
  163. 162 Certificate of service
  164. 163 Contents of notices to be gazetted under the 1986 Act or these Rules
  165. 164 Omission of unobtainable information
  166. 165 The Gazette: general
  167. 166 Notices otherwise advertised under the 1986 Act or these Rules
  168. 167 Non-Gazette notices: other provisions
  169. 168 Application
  170. 169 Information to be contained in all documents delivered to the registrar
  171. 170 Documents relating to the office of nuclear administrators
  172. 171 Documents relating to other documents
  173. 172 Documents relating to court orders
  174. 173 Reports of meetings
  175. 174 Documents relating to other events
  176. 175 Documents of more than one type
  177. 176 Documents delivered to other persons at the same time
  178. 177 Confidentiality of documents: grounds for refusing inspection
  179. 178 Right to copies of documents
  180. 179 Charges for copies of documents
  181. 180 Right to list of creditors
  182. 181 Calculation of time periods
  183. 182 False claim of status as creditor, etc.
  184. 183 Punishment of offences
  185. 184 Review
  186. SCHEDULE Punishment of Offences under these Rules

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186 provisions

160 Service on joint nuclear administrators

Service of a document on one of joint nuclear administrators is to be treated as service on all of them.

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161 Service of orders staying proceedings

(1) This rule applies where the court makes an order staying an action, execution or other legal process against the property of the relevant licensee nuclear company. (2) The applicant must serve the order. (3) The order may be served within the jurisdiction by serving a sealed copy at the address for service of— (a) the claimant, or (b) another party having the carriage of the proceedings to be stayed.

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162 Certificate of service

(1) The service of an application must be verified by a certificate of service. (2) The certificate of service must— (a) identify the application; (b) specify— (i) the name and registered number of the relevant licensee nuclear company; (ii) the address of the registered office of the relevant licensee nuclear company; (iii) the name of the applicant; (iv) the court in which the application was made and the court reference number; (v) the date of the application; (vi) whether the copy served was a sealed copy; (vii) the person served; (viii) the manner of service and the date of service; (c) be verified by a statement of truth. (3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.

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163 Contents of notices to be gazetted under the 1986 Act or these Rules

(1) Where under the 1986 Act or these Rules a notice is gazetted, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. (2) All notices must specify so far as it is applicable in relation to the particular notice— (a) the name and postal address of the nuclear administrator; (b) the capacity in which the nuclear administrator is acting and the date of appointment; (c) either an email address, or a telephone number, through which the nuclear administrator may be contacted; (d) the name of any person other than the nuclear administrator (if any) who may be contacted regarding the proceedings; (e) the nuclear administrator’s IP number; (f) the court name and any number assigned to the proceedings by the court; (g) the registered name of the relevant licensee nuclear company; (h) the relevant licensee nuclear company’s registered number; (i) the relevant licensee nuclear company’s registered office; (j) any principal trading address of the relevant licensee nuclear company if this is different from its registered office; (k) any name under which the relevant licensee nuclear company was registered in the 12 months before the date on which the relevant licensee nuclear company entered relevant licensee nuclear company administration; (l) any name or style (other than the relevant licensee nuclear company’s registered name) under which— (i) the relevant licensee nuclear company carried on business, and (ii) any debt owed to a creditor was incurred.

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164 Omission of unobtainable information

Information required under this Chapter to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it.

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165 The Gazette: general

(1) A copy of the Gazette containing any notice required by the 1986 Act or these Rules to be gazetted is evidence of any facts stated in the notice. (2) Where the 1986 Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice. (3) Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

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166 Notices otherwise advertised under the 1986 Act or these Rules

(1) Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. (2) All notices must specify insofar as it is applicable in relation to the particular notice— (a) the name and postal address of nuclear administrator; (b) the capacity in which the nuclear administrator is acting; (c) either an email address, or a telephone number, through which the nuclear administrator may be contacted; (d) the registered name of the relevant licensee nuclear company; (e) the relevant licensee nuclear company’s registered number; (f) any name under which the relevant licensee nuclear company was registered in the 12 months before the date on which the relevant licensee nuclear company entered relevant licensee nuclear company administration; (g) any name or style (other than the relevant licensee nuclear company’s registered name) under which— (i) the relevant licensee nuclear company carried on business, and (ii) any debt owed to a creditor was incurred

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167 Non-Gazette notices: other provisions

(1) Information which this Chapter requires to be specified in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible. (2) Information required under this Chapter to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

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168 Application

Where under the 1986 Act or these Rules a document is to be delivered to the registrar of companies, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the document must contain the contents set out in this Chapter.

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169 Information to be contained in all documents delivered to the registrar

A document to be delivered to the registrar of companies must— (a) specify— (i) the registered name of the relevant licensee nuclear company; (ii) its registered number; (iii) the nature of the document; (iv) the provision of the 1986 Act or the rule under which the document is delivered; (v) the date of the document; (vi) the name and postal address of the person delivering the document; (vii) the capacity in which that person is acting in respect of the relevant licensee nuclear company; (b) be authenticated by the person delivering the document.

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170 Documents relating to the office of nuclear administrators

A document relating to the office of the nuclear administrator must also specify— (a) the name of the nuclear administrator; (b) the date of the event of which notice is delivered or of the notice (as applicable); (c) where the document relates to an appointment, the court making the appointment; (d) where the document relates to the termination of an appointment, the reason for that termination; (e) the postal address of the nuclear administrator.

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171 Documents relating to other documents

A document relating to another document must also specify— (a) the nature of the other document; (b) the date of the other document; (c) where the other document relates to a period of time, the period of time to which it relates.

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172 Documents relating to court orders

A document relating to a court order must also specify— (a) the nature of the court order; (b) the date of the order.

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173 Reports of meetings

A document relating to a report of a meeting must also specify— (a) the purpose of the meeting, including the provision of the 1986 Act or the rule under which it was convened; (b) the venue fixed for the meeting; (c) whether a required quorum was present for the meeting to take place; (d) if the meeting took place, the outcome of the meeting (including any resolutions passed at the meeting).

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174 Documents relating to other events

A document relating to any other event must also specify— (a) the nature of the event, including the provision of the 1986 Act or the rule under which it took place; (b) the date on which the event occurred.

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175 Documents of more than one type

A document of more than one type must satisfy the requirements which apply to each.

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176 Documents delivered to other persons at the same time

(1) Where under the 1986 Act or these Rules a document is to be delivered to another person at the same time that it is to be delivered to the registrar of companies, that requirement may be satisfied by delivering to that other person a copy of the document delivered to the registrar. (2) Paragraph (1) does not apply where the document delivered to the registrar of companies is incomplete.

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177 Confidentiality of documents: grounds for refusing inspection

(1) Paragraph (2) applies where in relevant licensee nuclear company administration proceedings the nuclear administrator considers that a document forming part of the records of those proceedings— (a) should be treated as confidential, or (b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person. (2) The nuclear administrator may decline to allow the document to be inspected by a person who would otherwise be entitled to inspect it. (3) Where under this rule the nuclear administrator determines to decline to allow inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.

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178 Right to copies of documents

Where the 1986 Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents, on payment— (a) in the case of documents on the court file, of the fee chargeable under any order made under section 92 of the Courts Act 2003; (b) in any other case, of the standard fee.

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179 Charges for copies of documents

Except where prohibited by these Rules, the nuclear administrator is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member or contributory.

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180 Right to list of creditors

(1) A creditor has the right to require the nuclear administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless paragraph (4) applies. (2) The nuclear administrator on being required to provide the list under paragraph (1)— (a) must deliver it to the person requiring the list as soon as reasonably practicable, and (b) may charge the standard fee for a hard copy. (3) The name and address of any creditor may be omitted from the list provided under paragraph (2) where the nuclear administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person, provided that— (a) the amount of the debt in question is shown in the list, and (b) a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt. (4) Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies.

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181 Calculation of time periods

(1) The provisions of CPR rule 2.8 (time), with the exception of paragraph (4) of that rule, apply for the calculation of periods expressed in days in the relevant legislation and these Rules. (2) The calculation of the beginning and end of a period expressed in months is to be determined as follows— (a) if the beginning of the period is specified— (i) the month in which the period ends is the specified number of months after the month in which it begins, and (ii) the date in the month on which the period ends is— (aa) the day before the date corresponding to the date in the month on which it begins, or (bb) if there is no such date in the month on which it ends, the last day of that month; (b) if the end of the period is specified— (i) the month in which the period begins is the specified number of months before the month in which it ends, and (ii) the date in the month on which the period begins is— (aa) the day after the date corresponding to the date in the month on which it ends, or (bb) if there is no such date in the month in which it begins, the last day of that month. (3) The provisions of CPR rule 3.1(2)(a) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules. (4) Paragraph (3) is subject to any time limits expressly stated in the relevant legislation and to any specific powers in the relevant legislation or these Rules to extend or shorten the time for compliance. (5) In this rule, “relevant legislation” means— (a) the 1986 Act; (b) sections 154 to 171 of, and Schedules 20 and 21 to, the 2004 Act.

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182 False claim of status as creditor, etc.

Where these Rules provide for creditors, members or contributories of a relevant licensee nuclear company a right to inspect any documents, whether on the court file or in the hands of a nuclear administrator or other person, it is an offence for a person, with the intention of gaining sight of documents which the person has not under these Rules any right to inspect, falsely to claim a status which would entitle the person to inspect them.

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183 Punishment of offences

(1) The Schedule to these Rules has effect with respect to the way in which contraventions of these Rules are punishable on conviction. (2) In relation to an offence under a provision of the rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other. (3) The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration. (4) The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, the person is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule). (5) Section 431 of the 1986 Act (summary proceedings), as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under the 1986 Act.

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184 Review

(1) The Secretary of State must from time to time— (a) carry out a review of the regulatory provision contained in these Rules, and (b) publish a report setting out the conclusions of the review. (2) The first report must be published before the end of the period of five years beginning with the date on which these Rules come into force. (3) Subsequent reports must be published at intervals not exceeding five years. (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this rule must, in particular— (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), (b) assess the extent to which those objectives are achieved, (c) assess whether those objectives remain appropriate, and (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (5) In this rule, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

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SCHEDULE Punishment of Offences under these Rules

Rule 183 (1) Rule creating the offence | (2) General nature of the offence | (3) Mode of prosecution | (4) Punishment | (5) Daily default fine (where applicable) Rule 26(10) | Nuclear administrator failing to send report as to progress of relevant licensee nuclear company administration | Summary | Level 3 on the standard scale | One tenth of level 3 on the standard scale Rule 100(2) | Failing to comply with nuclear administrator’s duties on vacating office | Summary | Level 3 on the standard scale | One tenth of level 3 on the standard scale Rule 182 | False representation of status for purpose of inspecting documents | 1. On indictment 2. Summary | Two years or a fine or both Six months or a fine or both

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