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
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.
.
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.
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)”.
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.
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”.
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.
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.
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.
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.
.
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.
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.
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.
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.
.
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.
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.
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.
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.
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.
.
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).
.
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”.
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.
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)”.
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)”.