Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
151 provisions
40 Publication of administrator’s appointment (rule 3.27)
Rule 3.27 has effect as if, in paragraph (3)—
(a) in sub-paragraph (d), “and” were omitted;
(b) after sub-paragraph (e), there were inserted—
(f) any person who has appointed, or is or may be entitled to appoint, an administrative receiver in relation to the company;
(g) the Environment Agency or Natural Resources Wales (as applicable);
(h) the Consumer Council for Water;
(i) the Chief Inspector of Drinking Water; and
(j) any creditor who has served notice in accordance with section 26(1)(c) of the 1991 Act of the creditor’s intention to enforce the creditor’s security over property of the company.
.
Chapter 5 of Part 3 has effect as if, after rule 3.27, there were inserted—
Moratorium
3.27A. Where an application is made under paragraph 43 (moratorium on other legal process) of Schedule B1
(a) the applicant must, within two working days of making the application, serve notice of the application on—
(i) the relevant authority, and
(ii) the Water Services Regulation Authority; and
(b) the relevant authority and the Water Services Regulation Authority may make representations concerning the application to the court by—
(i) filing written submissions to the court, and
(ii) appearing at any hearing concerning the application.
.
42 Statement of affairs: release from requirement and extension of time (rule 3.33)
Rule 3.33 has effect as if—
(a) in paragraph (5), for “the administrator” there were substituted “the interested parties”;
(b) in paragraph (6)—
(i) in the opening words, for “The administrator” there were substituted “An interested party”;
(ii) in sub-paragraph (a), for “the administrator” there were substituted “the interested party in question”;
(c) for paragraph (7) there were substituted—
(7) If a report is filed by an interested party, the interested party in question must deliver a copy of the report to the applicant and each other interested party, not later than five business days before the hearing.”;
(d) in paragraph (8), for “the administrator” there were substituted “the interested parties”;
(e) after paragraph (8), there were inserted—
(9) For the purposes of this rule, each of the relevant authority, the Water Services Regulation Authority and the special administrator is an “interested party”, and “the interested parties” means each of them.
.
Rule 3.35 has effect as if—
(a) in paragraph (1)—
(i) in the opening words, after “delivered to” there were inserted “the relevant authority, the Water Services Regulation Authority,”;
(ii) in sub-paragraph (b)(ii), “or appointment” were omitted;
(iii) in sub-paragraph (j)(ii)(cc)—
(aa) “, before the proposals are approved,” were omitted; and
(bb) for “rule 3.60(6)(b)” there were substituted “3.60(6)(a)(ii)”;
(iv) sub-paragraph (k) were omitted;
(v) in sub-paragraph (l)(ii), “, if the administrator’s proposals are approved,” were omitted;
(vi) sub-paragraph (m) were omitted;
(b) for paragraph (9) there were substituted—
(9) The document containing the statement of proposals must include a statement that the basis of the special administrator’s remuneration is by reference to the time properly given by the special administrator and the special administrator’s staff in attending to matters arising in the special administration; and”;
(c) paragraph (10)(b)(ii) were omitted.
45 Advertising administrator’s proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1) (rule 3.37)
Rule 3.37 has effect as if for paragraph (2) there were substituted—
(2) Where, on an application by the special administrator under paragraph 107 of Schedule B1, the court orders an extension of the period in paragraph 49(5) of Schedule B1 for delivering copies of the statement of proposals, the special administrator must as soon as reasonably practicable after the making of the order deliver a notice of the extension to—
(a) the creditors of the company;
(b) the members of the company of whose address the special administrator is aware;
(c) the registrar of companies;
(d) the relevant authority; and
(e) the Water Services Regulation Authority.
.
Rule 3.42 has effect as if for that rule there were substituted—
Special administrator’s proposals: revision
3.42. (1) Where paragraph 54(1) of Schedule B1 applies, the special administrator’s revised proposals must identify the proceedings and include—
(a) any other trading names of the company;
(b) details of the special administrator’s appointment, including—
(i) the date of the appointment, and
(ii) the person who made the application for the appointment;
(c) details of the directors and secretary and details of any shareholdings in the company which they may have;
(d) a summary of the original proposals and the reason or reasons for the revised proposals;
(e) details of the revised proposals, including details of the special administrator’s assessment of the likely impact of the revised proposals upon creditors generally or upon each class of creditor;
(f) where the revised proposals relate to the ending of the special administration by a creditors’ voluntary winding up and the nomination of a person to be the liquidator of the company—
(i) details of the proposed liquidator,
(ii) where applicable, the declaration required by section 231 of the Act, and
(iii) a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 and rule 3.60(6)(a)(ii); and
(g) any other information that the special administrator thinks necessary.
(2) In accordance with paragraph 54(2) of Schedule B1, the special administrator must send a copy of the revised proposals to the persons set out in that paragraph within 14 days of the date of the special administrator’s revision of those proposals.
(3) A notice under paragraph 54(4) of Schedule B1 must—
(a) be advertised in such manner as the special administrator thinks fit as soon as reasonably practicable after the special administrator has sent the revised proposals to the creditors; and
(b) state that members may request in writing a copy of the revised proposals, and state the address to which to write.
(4) As soon as reasonably practicable after sending the copy of the revised proposals, the special administrator must deliver a copy to the registrar of companies accompanied by a notice which must contain—
(a) identification details for the proceedings; and
(b) the date of the revised proposals.
.
47 Creditors’ decision for the nomination of alternative liquidator (rule 3.42A)
Chapter 7 of Part 3, so far as, by virtue of this Part, it applies for the purposes of these Rules, has effect as if, after rule 3.42, there were inserted—
Creditors’ decision for the nomination of alternative liquidator
3.42A. (1) Where, under rule 3.35(1)(j)(ii) or rule 3.42(1)(f), the special administrator has proposed that the special administration will end by the company’s entering creditors’ voluntary liquidation, the special administrator must, in the circumstances detailed in paragraph (2), seek a decision from the company’s creditors for the purpose of nominating a person other than the person named as the proposed liquidator in the special administrator’s proposals or revised proposals.
(2) The special administrator must seek a decision from the company’s creditors where such decision is requested by creditors of the company whose debts amount to at least 10 per cent of the total debts of the company.
(3) The request for a decision from the company’s creditors for the purpose set out in paragraph (1) must be made within eight days of the date on which the special administrator’s statement of proposals is delivered, or, where revised proposals have been sent out relating to the ending of the specialadministration by a creditors’ voluntary liquidation, within eight days of the date on which the revised proposals are delivered.
(4) A request under this rule must include—
(a) a statement of the requesting creditor’s claim, together with—
(i) a list of the creditors concurring with the request, and of the amounts of the debts respectively owed to them in the special administration; and
(ii) from each creditor concurring, written confirmation of that creditor’s concurrence; or
(b) a statement of the amount of the debt owed to the requesting creditor and that that alone is sufficient without other creditors.
(5) Where a decision has been requested under this rule, the expenses of the requisitioned decision must be paid either, if the creditors so decide, as an expense of the special administration, or otherwise by the requesting creditor.
(6) A decision requested under this rule must be reached within 21 days of the special administrator’s receipt of the notice requesting the decision procedure.
.
Rule 3.51 has effect as if, in paragraph (2)—
(a) in sub-paragraph (c)—
(i) “where an administration order was made” were omitted;
(ii) for “costs of the applicant” there were substituted “costs of the applicant for the special administration order”;
(b) sub-paragraph (d) were omitted;
(c) for sub-paragraph (g), there were substituted—
(g) any necessary disbursements by the special administrator in the course of the special administration (but not including any payment of corporation tax in circumstances referred to in sub-paragraph (j) below);
.
Rule 3.52 has effect as if, for that rule, there were substituted—
Pre-special administration costs (rule 3.52)
3.52. (1) Where the special administrator has made a statement of pre-special administration costs under rule 3.35(10)(a), the special administrator must apply to the court for a determination as to whether, and to what extent, the unpaid pre-special administration costs are approved for payment.
(2) The special administrator must deliver at least 14 days’ notice of an application under paragraph (1) to such of the company’s creditors as the court may direct, and those creditors may nominate one or more of their number to appear or be represented at the application.
(3) The court may, if it appears to be a proper case, order the costs of the application, including the costs of any creditor appearing or being represented, to be paid as an expense of the special administration.
.
50 Administrator’s application for order ending administration (paragraph 79 of Schedule B1) (rule 3.57)
Rule 3.57 has effect as if—
(a) for paragraphs (1) and (2) there were substituted—
(1) An application to court under paragraph 79 of Schedule B1 for an order ending a special administration must—
(a) where the applicant is the special administrator, be accompanied by a progress report for the period since—
(i) the last progress report (if any), or
(ii) if there has been no previous progress report, the date on which the company entered special administration, and
(iii) a statement indicating what the special administrator thinks should be the next steps for the company;
(b) where the applicant is the relevant authority or the Water Services Regulation Authority, be accompanied by—
(i) a witness statement explaining why the applicant believes that there is no longer a need to pursue the purpose of the special administration;
(ii) either—
(aa) a progress report, or
(bb) an explanation of why there is no progress report; and
(iii) a statement indicating what the applicant thinks should be the next steps for the company.
(2) Where an application under this rule is to be made—
(a) the applicant must deliver notice to the other interested parties; and
(b) notice of the application must be delivered at least five business days before the application is made.
; and
(b) after paragraph (2), there were inserted—
(2A) The application under this rule must be accompanied by—
(a) a statement that notice has been delivered in accordance with paragraph (2); and
(b) a copy of any response to that notice.
(2B) In paragraph (2), each of the relevant authority, the Water Services Regulation Authority and the special administrator is an “interested party.
.
51 Notice by administrator of court order (rule 3.59)
Rule 3.59 has effect as if—
(a) in sub-paragraph (b), “and” were omitted;
(b) after sub-paragraph (b), there were inserted—
(ba) the relevant authority and the Water Services Regulation Authority; and
.
52 Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1) (rule 3.60)
Rule 3.60 has effect as if—
(a) in paragraph (2)(b), there were omitted “the appointment or” and “, as the case may be”;
(b) for paragraph (6) there were substituted—
(6) For the purposes of paragraph 83(7)(a) of Schedule B1—
(a) a person is nominated by the creditors as liquidator by—
(i) their approval of the statement of the proposed liquidator in the special administrator’s proposals or revised proposals; or
(ii) their nomination of a different person, through a decision procedure under rules 3.35(1)(j)(ii)(cc) and 3.42A;
(b) the creditors’ approval is deemed to have been given under sub-paragraph (a)(i) where no decision procedure is sought under rules 3.35(1)(j)(ii)(cc) and 3.42A.
;
(c) after paragraph (7), there were inserted—
(8) The Water Services Regulation Authority must notify the relevant authority before consenting to the special administrator delivering to the registrar of companies a notice of moving from special administration to creditors’ voluntary liquidation.
.
53 Moving from administration to dissolution (paragraph 84 of Schedule B1) (rule 3.61)
Rule 3.61 has effect as if—
(a) for paragraph (5) there were substituted—
(5) Where the court makes an order under paragraph 84(7) of Schedule B1, it must—
(a) where the applicant is the special administrator, deliver a copy of the order to the relevant authority and the Water Services Regulation Authority;
(b) where the applicant is the relevant authority, deliver a copy of the order to the special administrator and the Water Services Regulation Authority; or
(c) where the applicant is the Water Services Regulation Authority, deliver a copy of the order to the special administrator and the relevant authority.
;
(b) after paragraph (6), there were inserted—
(7) The Water Services Regulation Authority must notify the relevant authority before consenting to the special administrator delivering to the registrar of companies a notice of moving from special administration to dissolution.
.
Rule 3.63 has effect as if—
(a) in paragraph (2), for sub-paragraph (c) there were substituted—
(c) the name of the person who made the application for a special administration order;
;
(b) in paragraph (3)(b), from “where” to “order,” were omitted;
(c) for paragraph (4) there were substituted—
(4) The notice must be delivered—
(a) to any continuing special administrator of the company; and
(b) to the relevant authority and the Water Services Regulation Authority.
.
55 Notice of resignation (paragraph 87 of Schedule B1) (rule 3.64)
Rule 3.64 has effect as if—
(a) for paragraph (1) there were substituted—
(1) A resigning special administrator must, within five business days of delivering the notice under paragraph 87(2) of Schedule B1, deliver a copy of the notice to—
(i) the registrar of companies;
(ii) all persons to whom notice of intention to resign was delivered under rule 3.63(4);
(iii) if there is no continuing special administrator of the company, the company; and
(iv) the company’s creditors.
;
(b) in paragraph (2)(c), for from “appointment” to the end, there were substituted “application for an order for special administration.”;
(c) for paragraph (4), there were substituted—
(4) Notice of resignation under paragraph 87(2) of Schedule B1 must be given by filing the notice with the court.
.
56 Application to court to remove administrator from office (rule 3.65)
Rule 3.65 has effect as if—
(a) in paragraph (2), for sub-paragraphs (b) to (e), there were substituted—
(b) to the person who made the application for the special administration order;
(c) to any continuing special administrator appointed to act jointly or concurrently;
(d) to the company;
(e) to the Environment Agency or Natural Resources Wales (as applicable);
(f) to the Consumer Council for Water;
(g) to the Chief Inspector of Drinking Water;
(h) if the applicant for the special administration order was the relevant authority, to the Water Services Regulation Authority;
(i) if the applicant for the special administration order was the Water Services Regulation Authority, to the relevant authority.
;
(b) after paragraph (2), there were inserted—
(2A) Where an application for an order under paragraph 88 of Schedule B1 is made, the special administrator, the relevant authority and the Water Services Regulation Authority each have a right to appear or be represented at any hearing of the application.
;
(c) in paragraph (4)—
(i) in sub-paragraph (b)(i), “and” were omitted;
(ii) in sub-paragraph (b)(ii), for “companies.” there were substituted “companies, and”;
(iii) after sub-paragraph (b)(ii), there were inserted—
(iii) the creditors of the company.
.
57 Notice of vacation of office when administrator ceases to be qualified to act (rule 3.66)
Rule 3.66 has effect as if for “the registrar of companies” there were substituted—
(a) the relevant authority;
(b) where the company is a qualifying water supply licensee whose licence gives it a supplementary authorisation, the Welsh Ministers;
(c) the Water Services Regulation Authority; and
(d) the registrar of companies.
.
Rule 3.67 has effect as if for paragraph (4)(b) there were substituted—
(b) the name of the person who made the application for special administration;
.
Rule 3.68 has effect as if, in paragraph (2), for sub-paragraphs (a) to (j) there were substituted—
(a) to the company;
(b) to any person who has appointed, or is or may be entitled to appoint, an administrative receiver in relation to the company;
(c) if an administrative receiver has been appointed, to the administrative receiver;
(d) to the person, or each person, proposed for appointment as special administrator;
(e) to the Environment Agency or Natural Resources Wales (as applicable);
(f) to the Consumer Council for Water;
(g) to the Chief Inspector of Drinking Water;
(h) if the applicant is the relevant authority, to the Water Services Regulation Authority;
(i) if the applicant is the Water Services Regulation Authority, to the relevant authority;
(j) if the applicant is the special administrator, to the relevant authority and the Water Services Regulation Authority;
(k) if the company is a qualifying water supply licensee whose licence gives it a supplementary authorisation, to the Welsh Ministers;
(l) to any creditor who has served notice in accordance with section 26 of the 1991 Act of the creditor’s intention to enforce the creditor’s security over property of the company.
.
60 Appointment of replacement or additional administrator (rule 3.69)
Rule 3.69 has effect as if for that rule there were substituted—
Appointment of replacement or additional special administrator
3.69. Where a replacement or additional special administrator is appointed to act—
(a) rule 3.27 (publication of administrator’s appointment), paragraphs (1), 2(a) and (b), (3) and (4), apply;
(b) the replacement or additional special administrator must deliver notice of the appointment to the registrar of companies;
(c) all documents must clearly identify the appointment as an appointment of a replacement special administrator or an additional special administrator.
.
Rule 12.1 has effect as if for paragraph (1) there were substituted—
(1) The provisions of the CPR (including any Practice Directions) apply for the purposes of proceedings within special administration and the application for a special administration order with any necessary modifications, except so far as disapplied by or inconsistent with these Rules.
.
Rule 12.6 has effect as if for that rule there were substituted—
Preliminary (rule 12.6)
12.6. This Chapter applies to applications to the court except an application for a special administration order.
.
64 Special administrator’s solicitor (rule 12.13A)
Chapter 3 of Part 12 has effect as if, after rule 12.13, there were inserted—
Special administrator’s solicitor
12.13A. If the attendance of the special administrator’s solicitor is required in special administration proceedings, the special administrator need not attend in person unless the court so directs.
.
65 Applications under section 176A(5) to disapply section 176A (rule 12.14)
Rule 12.14 has effect as if—
(a) in paragraph (1), “liquidator,” and “or receiver” were omitted;
(b) in paragraph (2), for sub-paragraph (a) there were substituted—
that the company is in special administration.
.
66 Notice of an order under section 176A(5) (rule 12.16)
Rule 12.16 has effect as if—
(a) in paragraphs (2), (3) and (5), “liquidator,” and “or receiver” were omitted;
(b) in paragraph (4)(b), “liquidator,” and “, or receiver” were omitted.
67 Application of this sub-division and interpretation (rule 12.17)
Rule 12.17 has effect as if for that rule there were substituted—
Application of this sub-division and interpretation
12.17. (1) The rules in this sub-division apply to applications to the court for an order under section 236 (inquiry into company’s dealings).
(2) In this sub-division—
“applicable section” means section 236; and
“the insolvent” means the company.
.
70 Costs of proceedings under sections 236, 251N and 366 (rule 12.22)
Rule 12.22 has effect as if—
(i) in paragraph (2)(a), “or 367(1)” were omitted;
(ii) in paragraph (2)(b), “or 367(2)” were omitted;
(iii) in paragraph (3), for sub-paragraphs (a) and (b) there were substituted—
as an expense of the special administration.
;
(iv) paragraph (5) were omitted.
Rule 12.30 has effect as if—
(a) in paragraph (4)—
(i) sub-paragraph (b) were omitted;
(ii) for sub-paragraph (c) there were substituted—
(c) on the application of the relevant authority or, with the consent of the relevant authority, the Water Services Regulation Authority.
;
(b) paragraphs (5), (6) and (7) were omitted.
73 Proceedings commenced in the wrong court (rule 12.31)
Rule 12.31 has effect as if, for that rule, there were substituted—
Proceedings commenced in the wrong court
12.31. Where a special administration is commenced in a court other than the High Court, that court may order the transfer of the proceedings to the High Court.
.
74 Procedure following order for transfer (rule 12.33)
Rule 12.33 has effect as if for that rule there were substituted—
Procedure following order for transfer
12.33. (1) Where a court makes an order for the transfer of proceedings, it must as soon as reasonably practicable deliver to the transferee court a sealed copy of the order, and the file of the proceedings.
(2) A transferee court which receives such an order and the file in special administration proceedings must, as soon as reasonably practicable, deliver notice of the transfer to the transferor court.
.
Rule 12.39 has effect as if—
(a) paragraph (2) were omitted;
(b) for paragraph (3) there were substituted—
(3) The following may inspect the court file, or obtain from the court a copy of the court file, or of any document in the court file—
(a) the special administrator;
(b) the relevant authority;
(c) a creditor who provides the court with a statement confirming that that person is a creditor of the company or the individual to whom the proceedings relate;
(d) the Water Services Regulation Authority;
(e) the Chief Inspector of Drinking Water;
(f) the Environment Agency or Natural Resources Wales (as appropriate); and
(g) the Consumer Council for Water.
;
(c) for paragraph (4), there were substituted—
(4) The same right to inspect and obtain copies is exercisable by an officer or former officer or member of the company in special administration.
;
(d) in paragraph (10), sub-paragraph (a) were omitted;
(e) in paragraph (12), for “Secretary of State or the official receiver”, there were substituted “relevant authority, the Water Services Regulation Authority or the special administrator”.
78 Awards of costs against an office-holder, the adjudicator or the official receiver (rule 12.47)
Rule 12.47 has effect as if for that rule there were substituted—
Awards of costs against a special administrator
12.47. Where a special administrator is made a party to any proceedings on the application of another party to the proceedings, the special administrator is not to be personally liable for the costs unless the court otherwise directs.
.
Rule 12.48 has effect as if—
(a) for paragraph (2) there were substituted—
(2) The applicant must serve a sealed copy of the application on the special administrator.
;
(b) for paragraph (3) there were substituted “The special administrator may appear on the application.”;
(c) paragraph (4) were omitted.