Law

The Water Industry (Special Administration) Regulations 2024

United Kingdom · regulation

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In force since 2024-02-22, 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: 66 provisions
  1. Title and introductory text
  2. 1 Citation
  3. 2 Commencement
  4. 3 Extent
  5. 4 Interpretation
  6. 5 Application, disapplication and modification
  7. 6 General modifications to provisions about administration
  8. 7 Introduction
  9. 8 Special administrator
  10. 9 Status of special administrator
  11. 10 Powers of the court
  12. 11 Dismissal of pending winding-up application
  13. 12 Moratorium on insolvency proceedings
  14. 13 Moratorium on other legal process
  15. 14 Interim moratorium
  16. 15 Announcement of special administrator’s appointment
  17. 16 Statement of company’s affairs
  18. 17 Special administrator’s proposals
  19. 18 Revision of special administrator’s proposals
  20. 19 Special administrator’s power to manage
  21. 20 Special administrator’s general powers and dealings with protected land
  22. 21 Special administrator’s general duties
  23. 22 Charged property: non-floating charge
  24. 23 Hire-purchase property
  25. 24 Protection for priority creditor
  26. 25 Challenge to special administrator’s conduct of company
  27. 26 Court order ending special administration
  28. 27 Moving from special administration to creditors’ voluntary liquidation
  29. 28 Moving from special administration to dissolution
  30. 29 Resignation of special administrator
  31. 30 Special administrator ceasing to be qualified
  32. 31 Supplying vacancy in office of special administrator
  33. 32 Application to replace special administrator
  34. 33 Replacement of special administrator
  35. 34 Vacation of office: discharge from liability
  36. 35 Vacation of office: charges and liabilities
  37. 36 References to joint special administrators
  38. 37 Appointment of joint and concurrent special administrators
  39. 38 Penalties
  40. 39 Extension of time limits
  41. 40 Interpretation
  42. 41 Introduction
  43. 42 Moratorium coming to an end
  44. 43 Approval of voluntary arrangements
  45. 44 Effect of approval of voluntary arrangements
  46. 45 Challenge of decisions
  47. 46 Floating charge holder not to appoint administrative receiver
  48. 47 Avoidance of certain floating charges
  49. 48 Expressions used generally
  50. 49 Power to make rules
  51. 50 Insolvency rules committee
  52. 51 Co-operation between courts exercising jurisdiction in relation to insolvency
  53. 52 Powers of special administrator
  54. 53 Punishment of offences
  55. 54 Restrictions on voluntary winding up and insolvency proceedings
  56. 55 Application of this Part
  57. 56 Modifications to Parts 26 and 26A of the Companies Act 2006
  58. 57 Interpretation of Parts 26 and 26A
  59. 58 Court order for holding meeting of creditors or members
  60. 59 Court sanction for compromise or arrangement
  61. 60 Powers of court to facilitate reconstruction or amalgamation
  62. 61 Court order for holding of meeting
  63. 62 Court sanction for compromise or arrangement
  64. 63 Powers of court to facilitate reconstruction or amalgamation
  65. 64 Transitional provision
  66. 65 Consequential provision

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66 provisions

40 Interpretation

Paragraph 111 has effect as if— (a) in sub-paragraph (1)— (i) for “In this Schedule” there were substituted “In this Act”; (ii) the following definitions were omitted— (aa) “administrator”; (bb) “holder of a qualifying floating charge”; (cc) “market value”; (dd) “the purpose of administration”; and (ee) “unable to pay its debts”; and (iii) at the appropriate places, the following definitions were inserted— “the 1991 Act” means the Water Industry Act 1991, ; “appropriate value” means the best price that could be reasonably available on a sale which is consistent with the achievement of the purposes of the special administration, ; “company in special administration” means a company in respect of which a special administration order has effect, ; “purposes of special administration” is to be construed in accordance with section 23(2) to (2B) of the 1991 Act, ; “qualifying water supply licensee” is to be construed in accordance with section 23(6) of the 1991 Act, ; “relevant authority” means— in the case of a special administration order that relates to a company appointed under section 6(1) of the 1991 Act to be the water or sewerage undertaker for an area that is wholly or mainly in Wales, the Welsh Ministers, and in any other case, the Secretary of State, ; “special administration order” means an order of the kind described in section 23(1) of the 1991 Act, ; “special administrator” has the meaning given by paragraph 1, ; “supplementary authorisation” has the meaning given in paragraph 8 of Schedule 2A to the 1991 Act, ; and “water industry company” means a company of a kind mentioned in section 23(1) of the Water Industry Act 1991. . (b) in sub-paragraph (1A), paragraphs (b) and (c) were omitted; and (c) sub-paragraph (1B) were omitted.

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41 Introduction

This Chapter sets out modifications to provisions of the Insolvency Act 1986 other than those in Schedule B1 to that Act.

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42 Moratorium coming to an end

Section A16(3) has effect as if, after paragraph (b), there were inserted— (ba) the court makes a special administration order, .

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43 Approval of voluntary arrangements

Section 4A has effect as if, after subsection (5A), there were inserted— (5B) If an application under subsection (3) relates to a company in special administration, the relevant authority and the Water Services Regulation Authority are entitled to be heard on the application. .

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44 Effect of approval of voluntary arrangements

Section 5 has effect as if, after subsection (4), there were inserted— (4A) Where the company is in special administration, the court must not make an order or give a direction under subsection (3) unless— (a) the court has given the relevant authority and the Water Services Regulation Authority a reasonable opportunity to make representations to it about the proposed order or direction, and (b) the order or direction is consistent with the purposes of the special administration order. .

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45 Challenge of decisions

Section 6 has effect as if— (a) after subsection (2A), there were inserted— (2B) Subject to this section, where a voluntary arrangement in relation to a company in special administration is approved at a meeting summoned under section 3, an application to the court may be made— (a) by the relevant authority, or (b) by the Water Services Regulation Authority, if it has the consent of the relevant authority, on the ground that the voluntary arrangement is not consistent with the achievement of the purposes of the special administration. ; and (b) in subsection (4), after “subsection (2A),” there were inserted “or (2B),”.

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46 Floating charge holder not to appoint administrative receiver

Section 72A(3) has effect as if— (a) before the definition of “holder of a qualifying floating charge in respect of a company’s property”, there were inserted— “qualifying floating charge” means a charge created by an instrument that— states that paragraph 14 of Schedule B1 to the Insolvency Act 1986 applies to the floating charge, purports to empower the holder of the floating charge to appoint an administrator of the company, purports to empower the holder of the floating charge to make an appointment which would be the appointment of an administrative receiver within the meaning given by section 29(2), or purports to empower the holder of the floating charge in Scotland to appoint a receiver who on appointment would be an administrative receiver. ; and (b) for the definition of “holder of a qualifying floating charge in respect of a company’s property” there were substituted— “holder of a qualifying floating charge in respect of a company’s property” means a person who holds one or more debentures of the company secured— by a qualifying floating charge which relates to the whole or substantially the whole of the company’s property, by a number of qualifying floating charges which together relate to the whole or substantially the whole of the company’s property, or by charges and other forms of security which together relate to the whole or substantially the whole of the company’s property and at least one of which is a qualifying floating charge, .

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47 Avoidance of certain floating charges

Section 245(1) has effect as if “, but applies to Scotland as well as to England and Wales” were omitted.

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48 Expressions used generally

Section 251 has effect as if the definition of “prescribed” included rules made as a result of regulation 49.

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49 Power to make rules

The power to make rules under section 411 applies for the purpose of giving effect to provision made by or under sections 23 to 26 of the Water Industry Act 1991 as it applies for the purpose of giving effect to Parts A1 to 7 of the 1986 Act (and accordingly, as if references in that section to those Parts included references to those provisions).

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50 Insolvency rules committee

Section 413(2) has effect as if— (a) after “the purposes of provision made by”, there were inserted “or under”; and (b) “or Schedule 3 to that Act” were omitted.

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51 Co-operation between courts exercising jurisdiction in relation to insolvency

Section 426(10)(a) has effect as if, after “by or under this Act”, there were inserted “, sections 23 to 26 of the Water Industry Act 1991”.

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52 Powers of special administrator

Schedule 1 has effect as if, in paragraph 21, for “Power” there were substituted “With the consent of the relevant authority or the Water Services Regulation Authority, power”.

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53 Punishment of offences

Schedule 10 has effect as if— (a) in the first column, the reference to “Sch B1, para 54(7)” were to “Sch B1, para 54(6)”; and (b) in the corresponding row of the second column, for “Administrator failing to report creditors’ decision on revised proposal” there were substituted “Special administrator failing to report on revised proposal”.

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54 Restrictions on voluntary winding up and insolvency proceedings

(1) The Water Industry Act 1991 is amended as follows. (2) In section 26(1), for paragraph (b) substitute— (b) an administrator may not be appointed in relation to the company, whether by court order or otherwise, under Schedule B1 to the Insolvency Act 1986; (ba) any step taken by any person for the purported purpose of appointing an administrator of the company under Schedule B1 to the Insolvency Act 1986 has no legal effect; .

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55 Application of this Part

This Part applies in relation to water industry companies in respect of which the appointment of a special administrator has effect.

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56 Modifications to Parts 26 and 26A of the Companies Act 2006

The provisions of Parts 26 and 26A the Companies Act 2006 apply with the modifications set out in this Part.

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57 Interpretation of Parts 26 and 26A

Section 895 has effect as if, after subsection (2), there were inserted— (2A) In this Part and in Part 26A— “purposes of special administration” is to be construed in accordance with section 23(2) to (2B) of the Water Industry Act 1991, “relevant authority” means— in the case of a special administration order that relates to a company appointed under section 6(1) of the Water Industry Act 1991 to be the water or sewerage undertaker for an area that is wholly or mainly in Wales, the Welsh Ministers, in any other case, the Secretary of State, “special administration order” means an order of the kind described in section 23(1) of the Water Industry Act 1991, and “special administrator” means a person appointed by the court under— section 23(1) of the Water Industry Act 1991, or Schedule B1 to the Insolvency Act 1986 as modified by regulations made under section 23(3A) of the Water Industry Act 1991, to manage the affairs, business and property of a water industry company. .

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58 Court order for holding meeting of creditors or members

Section 896 has effect as if, for subsection (2), there were substituted— (2) An application under this section may only be made by the special administrator. .

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59 Court sanction for compromise or arrangement

Section 899 has effect as if, for subsection (2), there were substituted— (2) An application under this section may only be made by the special administrator. (2A) The special administrator must give notice of an application made under this section to— (a) the relevant authority; and (b) the Water Services Regulation Authority. .

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60 Powers of court to facilitate reconstruction or amalgamation

Section 900 has effect as if— (a) after subsection (6), there were inserted— (6A) Within a period of seven days beginning with the day on which an order is made under this section, the special administrator must send a copy of the order to— (a) the relevant authority, and (b) the Water Services Regulation Authority. ; and (b) in subsection (7), after “with subsection (6)” there were inserted “or (6A)”.

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61 Court order for holding of meeting

Section 901C has effect as if, for subsection (2), there were substituted— (2) An application under this section may only be made by the special administrator. .

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62 Court sanction for compromise or arrangement

Section 901F has effect as if, for subsection (3), there were substituted— (3) An application under this section may only be made by the special administrator. (3A) The special administrator must give notice of an application made under this section to— (a) the relevant authority, and (b) the Water Services Regulation Authority. .

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63 Powers of court to facilitate reconstruction or amalgamation

Section 901J has effect as if— (a) after subsection (6), there were inserted— (6A) Within a period of seven days beginning with the day on which an order is made under this section, the special administrator must deliver a copy of the order to— (a) the relevant authority, and (b) the Water Services Regulation Authority. ; and (b) in subsection (7), after “with subsection (6)” there were inserted “or (6A)”.

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64 Transitional provision

(1) These Regulations apply in relation to— (a) special administration orders that have effect; and (b) water industry companies that are in special administration at any time after these Regulations come into force, including where such an order took effect, or such a company entered special administration, before then. (2) For the purposes of paragraph (1)— (a) a company enters special administration when the appointment of a special administrator of the company takes effect; and (b) a “special administration order” means an order of the kind described in section 23(1) of the Water Industry Act 1991.

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65 Consequential provision

(1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 are amended as follows. (2) In Schedule 1, paragraph 7 (special administration), omit sub-paragraphs (1) and (4).

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