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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

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151 provisions

120 Voting in a decision procedure (rule 15.9)

Rule 15.9 has effect as if, in paragraph (2), the words from “in respect of” to “a bankruptcy” were omitted.

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121 Notice of decision procedures or of seeking deemed consent: when and to whom delivered (rule 15.11)

Rule 15.11 has effect as if for the table in paragraph (1) there were substituted the following table— Proceedings | Decisions | Persons to whom notice must be delivered | Minimum notice required Special administration | Decisions of creditors | The creditors who had claims against the company at the date when the company entered special administra- tion (except for those who have subsequently been paid in full) | 14 days

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122 Gazetting and advertisement of meeting (rule 15.13)

Rule 15.13 has effect as if, in paragraph (1), for “In an administration” to “where” there were substituted “Where”.

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123 Notice to company officers, bankrupts etc. in respect of meetings (rule 15.14)

Rule 15.14 has effect as if— (a) in paragraph (1), for “In a decision procedure” to “by the court notice” there were substituted “Notice”; (b) paragraphs (2) and (3) were omitted.

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124 Chair at meetings (rule 15.21)

Rule 15.21 has effect as if for that rule there were substituted— Chair at meetings 15.21. The chair of the meeting must be either the special administrator or an appointed person. .

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125 The chair – attendance, interventions and questions (rule 15.22)

Rule 15.22 has effect as if, in sub-paragraph (c)(ii), “bankrupt or” were omitted.

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126 Adjournment by chair (rule 15.23)

Rule 15.23 has effect as if, in paragraph (1), “and to rule 15.23A or 15.24” were omitted.

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127 Adjournment in absence of chair (Rule 15.25)

Rule 15.25 has effect as if, in paragraph (1), “in respect of” to “bankruptcy” were omitted.

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128 Proofs in adjournment (rule 15.26)

Rule 15.26 has effect as if “in respect of a moratorium” to “or a bankruptcy” were omitted.

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129 Creditors’ voting rights (rule 15.28)

Rule 15.28 has effect as if— (a) paragraph (A1) were omitted; (b) in paragraph (1)— (i) for “In an administration” to “a creditor” there were substituted “A creditor”; (ii) in sub-paragraph (a), “, subject to rule 15.29,” were omitted; (c) in paragraph (3)(a), “or bankrupt” were omitted; (d) paragraphs (5) and (6) were omitted.

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130 Calculation of voting rights (rule 15.31)

Rule 15.31 has effect as if— (a) in paragraph (1), sub-paragraphs (za), (b), (c), (d) and (e) were omitted; (b) paragraphs (3) and (6) were omitted.

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131 Calculation of voting rights: special cases (rule 15.32)

Rule 15.32 has effect as if paragraphs (A1), (B1), (2)(b) and (3) were omitted.

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132 Requisite majorities (rule 15.34)

Rule 15.34 has effect as if for that rule there were substituted— Requisite majorities 15.34. (1) A decision is made by creditors when a majority (in value) of those voting have voted in favour of the proposed decision, except where this rule provides otherwise. (2) A decision is not made if those voting against it include more than half in value of the creditors to whom notice of the decision procedure was delivered who are not, to the best of the special administrator’s or chair’s belief, persons connected with the company. .

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133 Appeals against decisions under this Chapter (rule 15.35)

Rule 15.35 has effect as if— (a) in paragraph (1), for “by a creditor, by a contributory, or by the bankrupt or debtor (as applicable)” there were substituted “by a creditor or by a contributory”; (b) in paragraph (3)— (i) for the words from the beginning to “that decision” there were substituted “If a decision”; (ii) the words from “but, in a CVA or IVA” to the end were omitted; (c) paragraphs (2), (3A), (3B), (5) and (7) were omitted.

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134 Record of a decision (Rule 15.40)

Rule 15.40 has effect as if paragraph (4)(c) were omitted.

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135 Company meetings (rule 15.41)

Rule 15.41 has effect as if for paragraph (1) there were substituted— (1) Unless the Act or these Rules provide otherwise, a company meeting must be called and conducted, and records of the meeting must be kept, in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act. .

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136 Indication to excluded person (rule 15.45)

Rule 15.45 has effect as if, in paragraph (3)(b), for “convener” there were substituted “special administrator”.

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137 Complaint (rule 15.46)

Rule 15.46 has effect as if, in paragraph (2)(b), for “convener” there were substituted “special administrator”.

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138 Use of proxies by the chair (rule 16.5)

Rule 16.5 has effect as if, in paragraph (3), “in an administration, creditors’ voluntary winding up, winding up by the court or a bankruptcy” were omitted.

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139 Right of inspection and retention of proxies (rule 16.6)

Rule 16.6 has effect as if— (a) in paragraph (3)(b), “, or a meeting of contributories” were omitted; (b) after paragraph (3)(b), there were inserted “or”; (c) paragraph (3)(d), and the “or” preceding it, were omitted.

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140 Instrument conferring authorisation to represent corporation (rule 16.9)

Rule 16.9 has effect as if, in paragraph (1), “or contributories” were omitted.

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141 Reporting by the office-holder (rule 18.2)

Rule 18.2 has effect as if for that rule there were substituted— Reporting by the office-holder 18.2. The special administrator must prepare and deliver reports in accordance with this Chapter. .

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142 Contents of progress reports in administration, winding up and bankruptcy (rule 18.3)

Rule 18.3 has effect as if— (a) in paragraph (1)— (i) in the opening words, “in an administration, winding up and bankruptcy” were omitted; (ii) sub-paragraphs (b) and (f) were omitted; (iii) in sub-paragraph (g), for “rules 18.10 to 18.13 as applicable” there were substituted “rule 18.10”; (b) paragraphs (5) and (6) were omitted.

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143 Progress reports in administration: timing (rule 18.6)

Rule 18.6 has effect as if, in paragraph (4), “unless the report is a final progress report under rule 3.55” were omitted.

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144 Administration, creditors’ voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13 (rule 18.10)

Rule 18.10 has effect as if— (a) in paragraph (1), “in an administration, creditors’ voluntary liquidation or compulsory winding up” were omitted; (b) for paragraph (3) there were substituted— (3) Paragraph (2) applies to the following— (a) rule 3.63 (administrator’s intention to resign); and (b) rule 18.3 (contents of progress report). .

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145 Remuneration principles (rule 18.16)

Rule 18.16 has effect as if for that rule there were substituted— Remuneration: principles 18.16. (1) A special administrator is entitled to receive remuneration for services as special administrator. (2) The basis of such remuneration is to be fixed by reference to the time properly spent by the special administrator and the special administrator’s staff in attending to matters arising in the special administration. .

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146 Remuneration of joint office-holders (rule 18.17)

Rule 18.17 has effect as if paragraph (a) were omitted.

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147 Remuneration: application to the court to fix the basis (rule 18.23)

Rule 18.23 has effect as if for that rule there were substituted— Remuneration: application to the court to fix the basis 18.23. (1) The special administrator’s remuneration must, on the special administrator’s application, be fixed by the court. (2) The special administrator must give at least 14 days’ notice of the application made under paragraph (1) to the following, who may appear or be represented— (a) the relevant authority; (b) the Water Services Regulation Authority; and (c) the creditors of the company. (3) In fixing the remuneration, the court must have regard to the following matters— (a) the complexity (or otherwise) of the case; (b) any respects in which, in connection with a company’s affairs, there falls on the special administrator any responsibility of an exceptional kind or degree; (c) the effectiveness with which the special administrator appears to be carrying out, or to have carried out, the special administrator’s duties; and (d) the value and nature of the property with which the special administrator has had to deal. .

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148 Remuneration: new administrator, liquidator or trustee (rule 18.31)

Rule 18.31 has effect as if for that rule there were substituted— Remuneration: new administrator, liquidator or trustee 18.31. (1) If a new special administrator is appointed in place of a special administrator, any court order in effect under rule 18.23 (remuneration: application to the court to fix the basis) immediately before the former special administrator ceased to hold office continues to apply in respect of the remuneration of the new special administrator until a further court order is made in accordance with those provisions. (2) Where a special administrator has ceased to act as such for any reason, the special administrator (or the special administrator’s estate, as the case may be) is to be entitled to any amounts outstanding on the basis of the services which that special administrator provided in accordance with Rule 18.23. .

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149 First excepted case (rule 22.4)

Rule 22.4 has effect as if— (a) paragraph (1)(b)(i) were omitted; (b) in paragraph (1)(b)(ii), “acting in relation to it as administrator, administrative receiver or supervisor of a CVA” were omitted; (c) for paragraph (3)(c) there were substituted— (c) where the company is in special administration, must contain— (i) the date that the company entered special administration, and (ii) a statement that the person was a director of the company on that date. ; (d) paragraph (3)(d) were omitted; (e) in sub-paragraph (4)(a), “, administrative receiver” to “other company)” were omitted.

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SCHEDULE Application of the 2016 Rules for the purposes of these Rules

Rule 5(1)(a) Rules | Description 6 | Introductory rules: punishment of offences 1.2 to 1.3 | Interpretation 1.4 to 1.6, 1.8 to 1.9 | Form and content of documents 1.10 to 1.12, 1.14 | Standard contents of Gazette notices and the Gazette as evidence etc. 1.15 to 1.16, 1.18 | Standard contents of notices advertised otherwise than in the Gazette 1.19 to 1.27 | Standard contents of documents to be delivered to the registrar of companies 1.28 to 1.34 | Standard contents of notices for delivery to other persons etc. 1.35 | Applications to the court 1.36 to 1.53 | Delivery of documents and opting out (sections 246C and 248A) 1.54 to 1.58 | Inspection of documents, copies and provision of information 3.1 to 3.2 | Interpretation 3.3, 3.6 to 3.9, 3.12 to 3.13, 3.15 | Appointment of administrator by court 3.27 | Notice of administrator’s appointment 3.28 to 3.34 | Statement of affairs 3.35 to 3.37, 3.42 | Administrator’s proposals 3.44 to 3.48 | Limited disclosure of statements of affairs and proposals 3.49 | Disposal of charged property 3.50 to 3.52 | Expenses of the administration 3.53, 3.57, 3.59 to 3.61 | Ending of administration 3.62 to 3.70 | Replacing the administrator 12.1 to 12.2 | Court procedure and practice: general 12.6 to 12.13 | Making applications to court: general 12.14 to 12.26 | Making applications to court: specific applications 12.27 to 12.29 | Obtaining information and evidence 12.30 to 12.31, 12.33 | Transfer of proceedings 12.39 to 12.40 | The court file 12.41 to 12.43, 12.46 to 12.50 | Costs 12.51 to 12.53, 12.55 | Enforcement procedures 12.58 to 12.59, 12.61 | Appeals 12.63 to 12.65 | Court orders, formal defects and shorthand writers 14.1 | Claims by and distributions to creditors: application and interpretation 14.2 to 14.24 | Creditors’ claims in administration 14.26, 14.28 to 14.35, 14.37 to 14.45 | Distribution to creditors in administration 15.1 | Decision making: application of Part 15.2 to 15.7 | Decision procedures 15.8 to 15.15 | Notices, voting and venues for decisions 15.20 to 15.22 | Constitution of meetings 15.23, 15.25 to 15.27 | Adjournment and suspension of meetings 15.28, 15.31 to 15.35 | Creditors’ voting rights and majorities 15.36 to 15.38 | Exclusions from meetings 15.40 | Records 15.41 to 15.46 | Company meetings 16.1 to 16.7, 16.9 | Proxies and corporate representation 18.2 to 18.3, 18.5 to 18.6, 18.10 | Reporting by, and remuneration of, office-holders: progress reports 18.16 to 18.17, 18.23, 18.31 | Remuneration and expenses in administration 22.4 to 22.5 | Permission to act as director etc. of company with a prohibited name (section 216)

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