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The Water Industry (Special Administration) (England and Wales) Rules 2024

United Kingdom · regulation

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In force since 2024-03-19, 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: 151 provisions
  1. Title and introductory text
  2. 1 Citation and commencement
  3. 2 Extent and application
  4. 3 Revocation
  5. 4 Interpretation
  6. 5 Application of certain rules of the 2016 Rules with modifications
  7. 6 Defined terms (rule 1.2)
  8. 7 Information required to identify persons and proceedings etc. (rule 1.6)
  9. 8 Variations from prescribed contents (rule 1.9)
  10. 9 Standard content of all notices (rule 1.11)
  11. 10 Gazette notices relating to a company (rule 1.12)
  12. 11 The Gazette: evidence, variations and errors (rule 1.14)
  13. 12 Registrar of companies: covering notices (rule 1.20)
  14. 13 Standard contents of all documents (rule 1.21)
  15. 14 Standard contents of documents relating to the office of office-holders (rule 1.22)
  16. 15 Standard contents of documents relating to other events (rule 1.27)
  17. 16 Standard contents of notices to be delivered to persons other than the registrar of companies (rule 1.28)
  18. 17 Standard contents of all notices (rule 1.29)
  19. 18 Standard contents of notices relating to the office of office-holders (rule 1.30)
  20. 19 Standard contents and authentication of applications to the court under Parts A1 to 11 of the Act (rule 1.35)
  21. 20 Application of Chapter (rule 1.36)
  22. 21 Delivery to the creditors and opting out (rule 1.37)
  23. 22 Creditor’s election to opt out (rule 1.38)
  24. 23 Office-holder to provide information to creditors on opting out (rule 1.39)
  25. 24 Electronic delivery of documents (rule 1.45)
  26. 25 Use of website by office-holder to deliver a particular document (sections 246B and 379B) (rule 1.49)
  27. 26 Retention period for documents made available on websites (rule 1.51)
  28. 27 Proof of delivery of documents (rule 1.52)
  29. 28 Delivery of proofs and details of claims (rule 1.53)
  30. 29 Right to copies of documents (rule 1.54)
  31. 30 Charges for copies of documents provided by the office-holder (rule 1.55)
  32. 31 Offence in relation to inspection of documents (rule 1.56)
  33. 32 Right to list of creditors (rule 1.57)
  34. 33 Confidentiality of documents: grounds for refusing inspection (rule 1.58)
  35. 34 Proposed administrator’s statement and consent to act (rule 3.2)
  36. 35 Administration application (paragraph 12 of Schedule B1)
  37. 36 Witness statement in support of administration application (rule 3.6)
  38. 37 Service of application (rule 3.8)
  39. 38 The order (rule 3.13)
  40. 39 Notice of administration order (rule 3.15)
  41. 40 Publication of administrator’s appointment (rule 3.27)
  42. 41 Moratorium (rule 3.27A)
  43. 42 Statement of affairs: release from requirement and extension of time (rule 3.33)
  44. 43 Administrator’s proposals: additional content (rule 3.35)
  45. 44 Administrator’s proposals: statement of pre-administration costs (rule 3.36)
  46. 45 Advertising administrator’s proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1) (rule 3.37)
  47. 46 Administrator’s proposals: revision (rule 3.42)
  48. 47 Creditors’ decision for the nomination of alternative liquidator (rule 3.42A)
  49. 48 Order of priority (rule 3.51)
  50. 49 Pre-administration costs (rule 3.52)
  51. 50 Administrator’s application for order ending administration (paragraph 79 of Schedule B1) (rule 3.57)
  52. 51 Notice by administrator of court order (rule 3.59)
  53. 52 Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1) (rule 3.60)
  54. 53 Moving from administration to dissolution (paragraph 84 of Schedule B1) (rule 3.61)
  55. 54 Notice of intention to resign (rule 3.63)
  56. 55 Notice of resignation (paragraph 87 of Schedule B1) (rule 3.64)
  57. 56 Application to court to remove administrator from office (rule 3.65)
  58. 57 Notice of vacation of office when administrator ceases to be qualified to act (rule 3.66)
  59. 58 Deceased administrator (rule 3.67)
  60. 59 Application to replace (rule 3.68)
  61. 60 Appointment of replacement or additional administrator (rule 3.69)
  62. 61 Court rules and practice to apply (rule 12.1)
  63. 62 Preliminary (rule 12.6)
  64. 63 Service or delivery of application (rule 12.9)
  65. 64 Special administrator’s solicitor (rule 12.13A)
  66. 65 Applications under section 176A(5) to disapply section 176A (rule 12.14)
  67. 66 Notice of an order under section 176A(5) (rule 12.16)
  68. 67 Application of this sub-division and interpretation (rule 12.17)
  69. 68 Contents of application (rule 12.18)
  70. 69 Procedure for examination (rule 12.20)
  71. 70 Costs of proceedings under sections 236, 251N and 366 (rule 12.22)
  72. 71 Evidence provided by the official receiver, an insolvency practitioner or a special manager (rule 12.29)
  73. 72 General power of transfer (rule 12.30)
  74. 73 Proceedings commenced in the wrong court (rule 12.31)
  75. 74 Procedure following order for transfer (rule 12.33)
  76. 75 The court file (rule 12.39)
  77. 76 Requirement to assess costs by the detailed procedure (rule 12.42)
  78. 77 Procedure where detailed assessment is required (rule 12.43)
  79. 78 Awards of costs against an office-holder, the adjudicator or the official receiver (rule 12.47)
  80. 79 Applications for costs (rule 12.48)
  81. 80 Costs and expenses of petitioners and other specified persons (rule 12.49)
  82. 81 Orders enforcing compliance (rule 12.52)
  83. 82 Warrants (general provisions) (rule 12.53)
  84. 83 Warrants under sections 236, 251N and 366 (rule 12.55)
  85. 84 Appeals and reviews of court orders in corporate insolvency (rule 12.59)
  86. 85 Shorthand writers: nomination etc. (rule 12.65)
  87. 86 Application of Part 14 and interpretation (rule 14.1)
  88. 87 Provable debts (rule 14.2)
  89. 88 Proving a debt (rule 14.3)
  90. 89 Requirements for proof (rule 14.4)
  91. 90 Costs of proving (rule 14.5)
  92. 91 Allowing inspection of proofs (rule 14.6)
  93. 92 Appeal against decision on proof (rule 14.8)
  94. 93 Office-holder not liable for costs under rule 14.8 (rule 14.9)
  95. 94 Exclusion of proof by the court (rule 14.11)
  96. 95 Administration and winding up by the court: debts of insolvent company to rank equally (rule 14.12)
  97. 96 Administration and winding up: division of unsold assets (rule 14.13)
  98. 97 Moratorium, administration and winding up: estimate of value of debt (rule 14.14)
  99. 98 Secured creditor: value of security (rule 14.15)
  100. 99 Secured creditor: surrender for non-disclosure (rule 14.16)
  101. 100 Secured creditor: redemption by office-holder (rule 14.17)
  102. 101 Secured creditor: test of security’s value (rule 14.18)
  103. 102 Interest (rule 14.23)
  104. 103 Administration: mutual dealings and set-off (rule 14.24)
  105. 104 Gazette notice of intended first dividend or distribution (rule 14.28)
  106. 105 Individual notices to creditors etc. of intended dividend or distribution (rule 14.29)
  107. 106 Contents of notice of intention to declare a dividend or make a distribution (rule 14.30)
  108. 107 Further contents of notice to creditors owed small debts etc. (rule 14.31)
  109. 108 Notice of declaration of a dividend (rule 14.35)
  110. 109 Contents of last notice about dividend (administration, winding up and bankruptcy) (rule 14.37)
  111. 110 Sole or final dividend (rule 14.38)
  112. 111 Administration and winding up: provisions as to dividends (rule 14.39)
  113. 112 Supplementary provisions as to dividends and distributions (rule 14.40)
  114. 113 Administration and winding up: non-payment of dividend (rule 14.45)
  115. 114 Application of Part (rule 15.1)
  116. 115 Interpretation (rule 15.2)
  117. 116 The prescribed decision procedures (rule 15.3)
  118. 117 Physical meetings (rule 15.6)
  119. 118 Deemed consent (sections 246ZF and 379ZB) (rule 15.7)
  120. 119 Notices to creditors of decision procedure (rule 15.8)
  121. 120 Voting in a decision procedure (rule 15.9)
  122. 121 Notice of decision procedures or of seeking deemed consent: when and to whom delivered (rule 15.11)
  123. 122 Gazetting and advertisement of meeting (rule 15.13)
  124. 123 Notice to company officers, bankrupts etc. in respect of meetings (rule 15.14)
  125. 124 Chair at meetings (rule 15.21)
  126. 125 The chair – attendance, interventions and questions (rule 15.22)
  127. 126 Adjournment by chair (rule 15.23)
  128. 127 Adjournment in absence of chair (Rule 15.25)
  129. 128 Proofs in adjournment (rule 15.26)
  130. 129 Creditors’ voting rights (rule 15.28)
  131. 130 Calculation of voting rights (rule 15.31)
  132. 131 Calculation of voting rights: special cases (rule 15.32)
  133. 132 Requisite majorities (rule 15.34)
  134. 133 Appeals against decisions under this Chapter (rule 15.35)
  135. 134 Record of a decision (Rule 15.40)
  136. 135 Company meetings (rule 15.41)
  137. 136 Indication to excluded person (rule 15.45)
  138. 137 Complaint (rule 15.46)
  139. 138 Use of proxies by the chair (rule 16.5)
  140. 139 Right of inspection and retention of proxies (rule 16.6)
  141. 140 Instrument conferring authorisation to represent corporation (rule 16.9)
  142. 141 Reporting by the office-holder (rule 18.2)
  143. 142 Contents of progress reports in administration, winding up and bankruptcy (rule 18.3)
  144. 143 Progress reports in administration: timing (rule 18.6)
  145. 144 Administration, creditors’ voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13 (rule 18.10)
  146. 145 Remuneration principles (rule 18.16)
  147. 146 Remuneration of joint office-holders (rule 18.17)
  148. 147 Remuneration: application to the court to fix the basis (rule 18.23)
  149. 148 Remuneration: new administrator, liquidator or trustee (rule 18.31)
  150. 149 First excepted case (rule 22.4)
  151. SCHEDULE Application of the 2016 Rules for the purposes of these Rules

Proposed changes to this act

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151 provisions

80 Costs and expenses of petitioners and other specified persons (rule 12.49)

Rule 12.49 has effect as if for that rule there were substituted— Costs and expenses of petitioners and other specified persons 12.49. (1) Except as directed by the court, no allowance as a witness in any examination or other proceedings before the court may be made to a relevant officer of the company to which the proceedings relate. (2) A person making any application to court within the special administration is not to be regarded as a witness on the hearing of the application, but a costs officer may allow that person’s expenses of travelling and subsistence. .

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81 Orders enforcing compliance (rule 12.52)

Rule 12.52 has effect as if— (a) in paragraph (1)— (i) for “competent person” there were substituted “special administrator”; (ii) sub-paragraphs (za), (b), (c) and (d) were omitted; (b) paragraph (2) were omitted.

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82 Warrants (general provisions) (rule 12.53)

Rule 12.53 has effect as if, in paragraph (2), for “sections 134(2), 236(5), 251N(5), 364(1), 365(3) and 366(3)” there were substituted “section 236(5)”.

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83 Warrants under sections 236, 251N and 366 (rule 12.55)

Rule 12.55 has effect as if “251N (the equivalent in relation to debt relief orders) or 366 (the equivalent in bankruptcy),” were omitted.

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84 Appeals and reviews of court orders in corporate insolvency (rule 12.59)

Rule 12.59 has effect as if— (a) in paragraph (1), for “Parts A1 to 7” to “Rules,”there were substituted “the special administration”; (b) in paragraph (2),for “Appeals” to “as follows” there were substituted “An appeal made in the exercise of the court’s jurisdiction in relation to special administration lies as follows”; (c) paragraph (3) were omitted.

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85 Shorthand writers: nomination etc. (rule 12.65)

Rule 12.65 has effect as if— (i) in paragraph (2), “133,” and “, 251N, 290 or 366” were omitted; (ii) in paragraph (3), for “official receiver”, in each place, there were substituted “special administrator”.

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86 Application of Part 14 and interpretation (rule 14.1)

Rule 14.1 has effect as if— (a) for paragraph (1) there were substituted— (1) This Part applies to decision procedures. ; (b) for paragraph (2) there were substituted— (2) The definitions in this rule apply to decision procedures. ; (c) in paragraph (3)— (i) the words “decision procedures in respect of a moratorium under Part A1 of the Act,winding up and” were omitted; (ii) for ““relevant date” means” to “bankruptcy order” there were substituted ““relevant date” means the date on which the company entered special administration.”; (d) paragraph 3A were omitted; (e) in paragraph (4), for “about moratoriums” to “or administration” there were substituted “any liability in tort is a debt provable in the special administration”; (f) in paragraphs (5) and (6), the words from “about moratoriums” to “administration” were omitted.

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87 Provable debts (rule 14.2)

Rule 14.2 has effect as if— (a) in paragraph (1), “or bankrupt” were omitted; (b) for paragraph (2) there were substituted— (2) An obligation arising under a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 is not provable. ; (c) paragraph (3) were omitted; (d) in paragraph (4)— (i) in the words before sub-paragraph (a), “sections 189(2) (winding up), section 328(4) (bankruptcy) and” were omitted; (ii) in sub-paragraph (b), “and winding up,”, “a bankruptcy,” and “or a winding up” were omitted.

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88 Proving a debt (rule 14.3)

Rule 14.3 has effect as if— (a) for paragraph (1) there were substituted— (1) A creditor wishing to recover a debt must submit a proof to the special administrator unless this rule or an order of the court provides otherwise. ; (b) paragraph (2) were omitted.

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89 Requirements for proof (rule 14.4)

Rule 14.4 has effect as if, in paragraph (1)(d), for “rules 14.24 and 14.25” there were substituted “rule 14.24”.

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90 Costs of proving (rule 14.5)

Rule 14.5 has effect as if— (a) in paragraph (b), in each place, “or winding up” were omitted; (b) paragraph (c) were omitted.

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91 Allowing inspection of proofs (rule 14.6)

Rule 14.6 has effect as if, in sub-paragraph (b), “or, in the case of a bankruptcy, the bankrupt” were omitted.

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92 Appeal against decision on proof (rule 14.8)

Rule 14.8 has effect as if— (a) in paragraph (3), for “, any other creditor or, in a bankruptcy, the bankrupt,” there were substituted “or any other creditor”; (b) after paragraph (6), there were inserted— (6A) Where the application is made by a member, the court must not disallow the proof (in whole or in part) unless the member shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the company would be entitled. .

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93 Office-holder not liable for costs under rule 14.8 (rule 14.9)

Rule 14.9 has effect as if— (a) paragraph (1) were omitted; (b) in paragraph (2), “other than the official receiver” were omitted.

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94 Exclusion of proof by the court (rule 14.11)

Rule 14.11 has effect as if, in paragraphs (1)(b) and 3(b), for “, a contributory or a bankrupt” there were substituted “or a contributory”.

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95 Administration and winding up by the court: debts of insolvent company to rank equally (rule 14.12)

Rule 14.12 has effect as if paragraph (1) were omitted.

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96 Administration and winding up: division of unsold assets (rule 14.13)

Rule 14.13 has effect as if— (a) in paragraph (1), “in an administration or in a winding up of a company (other than a members’ voluntary winding up)” were omitted; (b) in paragraph (2), for “the required permission” there were substituted “the agreement of the creditors”; (c) paragraph (3) were omitted.

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97 Moratorium, administration and winding up: estimate of value of debt (rule 14.14)

Rule 14.14 has effect as if, in paragraph (1), from “in respect of” to “a winding up” were omitted.

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98 Secured creditor: value of security (rule 14.15)

Rule 14.15 has effect as if— (a) for paragraph (2) there were substituted— (2) Where a secured creditor has voted in respect of the unsecured balance of the debt— (a) the secured creditor may re-value the security only with the agreement of the special administrator or the permission of the court; and (b) where the revaluation was by agreement, the special administrator must deliver a notice of the revaluation to the creditors within five business days of the special administrator’s agreement. ; (b) paragraph (3) were omitted.

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99 Secured creditor: surrender for non-disclosure (rule 14.16)

Rule 14.16 has effect as if paragraph (A1) were omitted.

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100 Secured creditor: redemption by office-holder (rule 14.17)

Rule 14.17 has effect as if paragraph (A1) were omitted.

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101 Secured creditor: test of security’s value (rule 14.18)

Rule 14.18 has effect as if paragraph (A1) were omitted.

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102 Interest (rule 14.23)

Rule 14.23 has effect as if, in paragraph (4)— (a) after “notice was delivered” there were inserted “before the relevant date”; (b) the words after “date of the payment” to the end were omitted.

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103 Administration: mutual dealings and set-off (rule 14.24)

Rule 14.24 has effect as if, in paragraph (6), for the definition of “mutual dealings” there were substituted— “mutual dealings” means mutual credits, mutual debts or other mutual dealings between the company and a creditor proving or claiming to prove for a debt in the special administration, but does not include any of the following— a debt arising out of an obligation incurred after the company entered special administration; a debt arising out of an obligation incurred at a time when the creditor had notice that— a petition was pending for the winding up of the company in respect of which the court granted the special administration order; an application for a special administration order was pending; any debt which has been acquired by a creditor by assignment or otherwise, under an agreement between the creditor and another party where that agreement was entered into at a time— after the company entered special administration; when the creditor had notice that a petition was pending for the winding up of the company in respect of which the court granted the special administration order; when the creditor had notice that an application for a special administration order was pending. .

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104 Gazette notice of intended first dividend or distribution (rule 14.28)

Rule 14.28 has effect as if, in paragraph (1)— (a) after sub-paragraph (a), there were inserted “and”; (b) sub-paragraph (c), and the “and” preceding it, were omitted.

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105 Individual notices to creditors etc. of intended dividend or distribution (rule 14.29)

Rule 14.29 has effect as if paragraph (1)(b), and the “and” preceding it, were omitted.

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106 Contents of notice of intention to declare a dividend or make a distribution (rule 14.30)

Rule 14.30 has effect as if paragraph (f), and the “and” preceding it, were omitted.

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107 Further contents of notice to creditors owed small debts etc. (rule 14.31)

Rule 14.31 has effect as if— (a) in paragraph (1), “or bankrupt” were omitted; (b) in paragraph (2)(a), “or the bankrupt (as the case may be)” were omitted.

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108 Notice of declaration of a dividend (rule 14.35)

Rule 14.35 has effect as if, in paragraph (4), for “In an administration” to “or liquidator” there were substituted “Where the special administrator”.

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109 Contents of last notice about dividend (administration, winding up and bankruptcy) (rule 14.37)

Rule 14.37 has effect as if paragraph (1) were omitted.

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110 Sole or final dividend (rule 14.38)

Rule 14.38 has effect as if— (a) in paragraph (1)— (i) in the words before sub-paragraph (a), “, in an administration or winding up,” were omitted; (ii) sub-paragraphs (a), (b)(i) and (c) were omitted; (b) in paragraph (2), “and (c)” were omitted.

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111 Administration and winding up: provisions as to dividends (rule 14.39)

Rule 14.39 has effect as if “an administration or winding up, in” were omitted.

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112 Supplementary provisions as to dividends and distributions (rule 14.40)

Rule 14.40 has effect as if— (a) after paragraph (1)(a), “or” were inserted; (b) in paragraph (1)(b), “in an administration, a creditors’ voluntary winding up or a winding up by the court” were omitted; (c) paragraph (1)(c), and the “or” preceding it, were omitted.

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113 Administration and winding up: non-payment of dividend (rule 14.45)

Rule 14.45 has effect as if for paragraph (1) there were substituted— (1) No action lies against the special administrator for payment of a dividend. .

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114 Application of Part (rule 15.1)

Rule 15.1 has effect as if for paragraph (a) there were substituted— (a) This Part applies where the special administrator seeks a decision from the creditors of the company in accordance with paragraph 62 of Schedule B1 (administrator’s general power to call a meeting or seek a decision) or rule 3.42A (creditors’ decision for nomination of alternative liquidator). .

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115 Interpretation (rule 15.2)

Rule 15.2 has effect as if— (a) in paragraph (1)— (i) the definition of “creditor” were omitted; (ii) in the definition of “physical meeting”, “or 379ZA(9)” were omitted; (b) in paragraph (3), for “Chapters 2 to 11” there were substituted “Chapters 2, 3 and 6 to 11”.

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116 The prescribed decision procedures (rule 15.3)

Rule 15.3 has effect as if for “sections 246ZE and 379ZA” there were substituted “section 246ZE”.

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117 Physical meetings (rule 15.6)

Rule 15.6 has effect as if— (a) in paragraph (1), “or, in the case of a decision procedure in respect of a moratorium under Part A1 of the Act, three days” were omitted; (b) in paragraph (2), for “sections 246ZE(7) or 379ZA(7)” there were substituted “section 246ZE(7)”; (c) in paragraph (8), “or 379ZA(7)” were omitted.

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118 Deemed consent (sections 246ZF and 379ZB) (rule 15.7)

Rule 15.7 has effect as if— (a) in paragraph (1), for “sections 246ZF and 379ZB” there were substituted “section 246ZF”; (b) in paragraph (2), “or 379ZB (as applicable)” were omitted; (c) in paragraph (3), for “(as defined in sections 246ZF and 379ZB)” there were substituted “(as defined in section 246ZF)”.

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119 Notices to creditors of decision procedure (rule 15.8)

Rule 15.8 has effect as if, in paragraph (3)— (a) in sub-paragraphs (f) and (g), “except in the case of a decision procedure in respect of a moratorium under Part A1 of the Act” were omitted; (b) sub-paragraphs (h), (i) and (j) were omitted; (c) in sub-paragraph (k), for “sections 246ZE(7) or 379ZA(7)” there were substituted “section 246ZE(7)”.

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