The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025
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Change 1
As published
87 Application to court
(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending a T&S administration must have attached to it—
(a) 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 T&S company entered T&S administration, and
(b) a statement indicating what the applicant thinks should be the next steps for the T&S company (if applicable).
(2) Where such an application is made, the applicant must—
(a) at least five business days before the application is made, deliver notice of the applicant’s intention to apply to court to the following—
(i) the person who made the application for the T&S administration order (unless the applicant in both cases is the same);
(ii) the creditors of the T&S company;
(b) attach to the application to court a statement that notice has been delivered to the creditors, and copies of any response from creditors to that notice.
(3) Where such an application is made other than by the T&S administrator—
(a) the applicant must also, at least five business days before the application is made, deliver notice to the T&S administrator of the applicant’s intention to apply to court;
(b) upon receipt of such notice the T&S administrator must, before the end of the five business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the T&S company entered T&S administration.
(4) Where the application is made other than by the Secretary of State, the application—
(a) may only be made with the consent of the Secretary of State, and
(b) must state it is made with the consent of the Secretary of State.
(5) Where the T&S administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act for an order to wind up the T&S company, the notice to creditors under paragraph (2)(a)(ii) must also state whether the T&S administrator intends to seek appointment as liquidator.
Your change, as a redline
87 Application to court
(1) An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending a T&S administration must have attached to it—
(a) 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 T&S company entered T&S administration, and
(b) a statement indicating what the applicant thinks should be the next steps for the T&S company (if applicable).
(2) Where such an application is made, the applicant must—
(a) at least five business days before the application is made, deliver notice of the applicant’s intention to apply to court to the following—
(i) the person who made the application for the T&S administration order (unless the applicant in both cases is the same);
(ii) the creditors of the T&S company;
(b) attach to the application to court a statement that notice has been delivered to the creditors, and copies of any response from creditors to that notice.
(3) Where such an application is made other than by the T&S administrator—
(a) the applicant must also, at least five business days before the application is made, deliver notice to the T&S administrator of the applicant’s intention to apply to court;
(b) upon receipt of such notice the T&S administrator must, before the end of the five business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the T&S company entered T&S administration.
(4) Where the application is made other than by the Secretary of State, the application—
(a) may only be made with the consent of the Secretary of State, and
(b) must state it is made with the consent of the Secretary of State.
(5) Where the T&S administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act for an order to wind up the T&S company, the notice to creditors under paragraph (2)(a)(ii) must also state whether the T&S administrator intends to seek appointment as liquidator.
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