The Water Industry (Special Administration) (England and Wales) Rules 2024
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Change 1
As published
35 Administration application (paragraph 12 of Schedule B1)
Rule 3.3 has effect as if for that rule there were substituted—
Special administration application (paragraph 12 of Schedule B1)
3.3. (1) An application for an order for special administration (“the application”) under section 24 of the 1991 Act in relation to a company must—
(a) be headed “Special administration application”;
(b) identify, immediately below the heading, the company to which the application relates;
(c) contain a statement identifying—
(i) whether the application is being made by the relevant authority or the Water Services Regulation Authority (“the applicant”); and
(ii) whether the company to which the application relates is a relevant undertaker or a qualifying water supply licensee;
(d) include the applicant’s name and address for service; and
(e) contain details of any issued and called-up capital, the number of shares into which the capital is divided, the nominal value of each share and the amount of capital paid up or treated as paid up.
(2) If the applicant is the Water Services Regulation Authority, the application must state that it is made with the consent of the relevant authority.
(3) If the application relates to a qualifying water supply licensee whose licence gives it a supplementary authorisation, the application must contain a statement that the Secretary of State or the Water Services Regulation Authority (as the case may be) has consulted the Welsh Ministers.
(4) The application must—
(a) specify the name and address of the person, or of each person, proposed for appointment as special administrator;
(b) state that the applicant believes that, for the reasons set out in the witness statement supporting the application, one or more of the grounds for making a special administration order specified in section 24(2) of the 1991 Act is satisfied;
(c) contain a statement that the applicant requests the court—
(i) to make a special administration order in relation to the company;
(ii) to appoint the proposed person to be special administrator; and
(iii) to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate.
(5) The application must be authenticated by the applicant or the applicant’s solicitor and dated.
.
Your change, as a redline
35 Administration application (paragraph 12 of Schedule B1)
Rule 3.3 has effect as if for that rule there were substituted—
Special administration application (paragraph 12 of Schedule B1)
3.3. (1) An application for an order for special administration (“the application”) under section 24 of the 1991 Act in relation to a company must—
(a) be headed “Special administration application”;
(b) identify, immediately below the heading, the company to which the application relates;
(c) contain a statement identifying—
(i) whether the application is being made by the relevant authority or the Water Services Regulation Authority (“the applicant”); and
(ii) whether the company to which the application relates is a relevant undertaker or a qualifying water supply licensee;
(d) include the applicant’s name and address for service; and
(e) contain details of any issued and called-up capital, the number of shares into which the capital is divided, the nominal value of each share and the amount of capital paid up or treated as paid up.
(2) If the applicant is the Water Services Regulation Authority, the application must state that it is made with the consent of the relevant authority.
(3) If the application relates to a qualifying water supply licensee whose licence gives it a supplementary authorisation, the application must contain a statement that the Secretary of State or the Water Services Regulation Authority (as the case may be) has consulted the Welsh Ministers.
(4) The application must—
(a) specify the name and address of the person, or of each person, proposed for appointment as special administrator;
(b) state that the applicant believes that, for the reasons set out in the witness statement supporting the application, one or more of the grounds for making a special administration order specified in section 24(2) of the 1991 Act is satisfied;
(c) contain a statement that the applicant requests the court—
(i) to make a special administration order in relation to the company;
(ii) to appoint the proposed person to be special administrator; and
(iii) to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate.
(5) The application must be authenticated by the applicant or the applicant’s solicitor and dated.
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