The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025
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Change 1
As published
50 Appeal against decision on proof
(1) If a creditor is dissatisfied with the T&S administrator’s decision with respect to the creditor’s proof (including any decision on whether the debt is preferential), the creditor may apply to the court for the decision to be reversed or varied.
(2) A member or any other creditor may, if dissatisfied with the T&S administrator’s decision admitting or rejecting the whole or any part of a proof, apply to court for the decision to be reversed or varied.
(3) An application to court—
(a) under paragraph (1) must be made within the period of 21 days of the creditor receiving the statement delivered under rule 49(2);
(b) under paragraph (2) must be made within the period of 21 days of the member or other creditor (as the case may be) becoming aware of the T&S administrator’s decision.
(4) Where an application is made to the court under this rule, the court must fix a venue for the application to be heard.
(5) The applicant must send notice of the venue fixed under paragraph (4) to—
(a) the T&S administrator;
(b) if the applicant is not the creditor who delivered the proof in question, that creditor.
(6) The T&S administrator must, on receipt of the notice, file the relevant proof with the court, together (if appropriate) with a copy of the statement sent under rule 49(2).
(7) 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 T&S company would be entitled.
(8) After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the court to the T&S administrator.
(9) The T&S administrator is not personally liable for costs incurred by any person in respect of an application under this rule unless the court otherwise orders.
Your change, as a redline
50 Appeal against decision on proof
(1) If a creditor is dissatisfied with the T&S administrator’s decision with respect to the creditor’s proof (including any decision on whether the debt is preferential), the creditor may apply to the court for the decision to be reversed or varied.
(2) A member or any other creditor may, if dissatisfied with the T&S administrator’s decision admitting or rejecting the whole or any part of a proof, apply to court for the decision to be reversed or varied.
(3) An application to court—
(a) under paragraph (1) must be made within the period of 21 days of the creditor receiving the statement delivered under rule 49(2);
(b) under paragraph (2) must be made within the period of 21 days of the member or other creditor (as the case may be) becoming aware of the T&S administrator’s decision.
(4) Where an application is made to the court under this rule, the court must fix a venue for the application to be heard.
(5) The applicant must send notice of the venue fixed under paragraph (4) to—
(a) the T&S administrator;
(b) if the applicant is not the creditor who delivered the proof in question, that creditor.
(6) The T&S administrator must, on receipt of the notice, file the relevant proof with the court, together (if appropriate) with a copy of the statement sent under rule 49(2).
(7) 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 T&S company would be entitled.
(8) After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the court to the T&S administrator.
(9) The T&S administrator is not personally liable for costs incurred by any person in respect of an application under this rule unless the court otherwise orders.
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