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In force since 2025-11-19, 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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If a creditor contravenes any provision of the 1986 Act or these Rules relating to the valuation of securities, the court may, on the application of the T&S administrator, order that the creditor be wholly or partly disqualified from participation in any dividend.
Propose a change(1) If a person entitled to a dividend (a “relevant person”) delivers notice to the T&S administrator that the relevant person wishes the dividend to be paid to another person, or that the relevant person has assigned the entitlement to another person, the T&S administrator must pay the dividend to that other person accordingly. (2) A notice under paragraph (1) must specify the name and address of the person to whom payment is to be made.
Propose a change(1) Where a creditor has proved for a debt of which payment is not due at the date of the declaration of a dividend, the creditor is entitled to the dividend equally with other creditors, but subject as follows. (2) For the purpose of dividend (and no other purpose), the amount of the creditor’s admitted proof (or, if a distribution has previously been made to the creditor, the amount remaining outstanding in respect of the creditor’s admitted proof) is to be reduced by applying the following formula— Amount £ = C × 106 % ± D % - 6 % 3 where— “x” is the value of the admitted proof, and “n” is the period beginning with the date on which the T&S company entered T&S administration and ending with the date on which the payment of the creditor’s debt would otherwise be due expressed in years (part of a year being expressed as a decimal fraction of a year).
Propose a change(1) The T&S administrator may divide qualifying property in its existing form amongst the creditors of the T&S company— (a) according to its estimated value, and (b) with the permission of the creditors. (2) In paragraph (1), “qualifying property” is any property which from its peculiar nature or other special circumstances cannot be readily or advantageously sold. (3) The T&S administrator must— (a) in the receipts and payments account included in the progress report under rule 26, state the estimated value of the property divided amongst the creditors of the T&S company under paragraph (1) during the period to which the report relates, and (b) as a note to the account, provide details of the basis of the valuation.
Propose a change(1) The T&S administrator is entitled to receive remuneration for services as T&S administrator. (2) The remuneration must be fixed by reference to the time properly given by the T&S administrator and the T&S administrator’s staff in attending to matters arising in the T&S administration. (3) The T&S administrator must make an application to court for the remuneration to be fixed by the court. (4) The T&S administrator must deliver at least 14 days’ notice of the T&S administrator’s application to the following, who may appear or be represented— (a) the Secretary of State; (b) the Gas and Electricity Markets Authority; (c) the creditors of the T&S company. (5) 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 the T&S company’s affairs, there falls on the T&S administrator any responsibility of an exceptional kind or degree; (c) the effectiveness with which the T&S administrator appears to be carrying out, or to have carried out, the T&S administrator’s duties as such; (d) the value and nature of the property with which the T&S administrator has to deal. (6) Where there are joint T&S administrators, it is for them to agree between themselves how the remuneration payable should be apportioned. (7) Any dispute arising between joint T&S administrators in connection with paragraph (6) may be referred to the court for settlement by order. (8) If the T&S administrator is a solicitor and employs the T&S administrator’s own firm, or any partner in it, to act on behalf of the T&S company, profit costs must not be paid unless this is authorised by the court.
Propose a changeIf a new T&S administrator is appointed in place of another, any court order in effect under rule 84 immediately before the former T&S administrator ceased to hold office continues to apply in respect of the remuneration of the new T&S administrator until a further court order is made in accordance with those provisions.
Propose a changeIn this Part— “final progress report” means a progress report which includes a summary of— the T&S administrator’s proposals, any major amendments to, or deviations from, those proposals, the steps taken during the T&S administration, and the outcome; “progress report” means a report which complies with rule 26.
Propose a change(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.
Propose a change(1) Where the court makes an order to end the T&S administration, it must, where the applicant is not the T&S administrator, deliver a copy of the order to the T&S administrator. (2) The T&S administrator must as soon as reasonably practicable deliver a copy of the order and a copy of the final progress report to— (a) the registrar of companies, (b) the directors of the T&S company, and (c) the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered.
Propose a change(1) Where, for the purposes of paragraph 83(3) of Schedule B1 to the 1986 Act, the T&S administrator delivers to the registrar of companies a notice of moving from T&S administration to creditors’ voluntary liquidation, the notice must include the name and IP number of the proposed liquidator. (2) The notice to the registrar of companies must be accompanied by a copy of the T&S administrator’s final progress report, which must include details of the assets to be dealt with in the liquidation. (3) As soon as reasonably practicable after delivery of the notice to the registrar of companies, the T&S administrator must deliver— (a) a copy of the notice and final progress report to the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered, and (b) a copy of the final progress report with any other copy of the notice that is sent as required by paragraph 83(5)(b) of Schedule B1 to the 1986 Act. (4) For the purposes of paragraph 83(7)(a) of Schedule B1 to the 1986 Act, a person is nominated as liquidator in accordance with rule 21(8) and (9) or 25(3)(e) and that person’s appointment takes effect following registration under paragraph (1) of this rule— (a) by virtue of the T&S administrator’s proposals or revised proposals, or (b) following a decision sought by the T&S administrator under rule 29. (5) The Gas and Electricity Markets Authority must notify the Secretary of State before consenting to the T&S administrator delivering a notice of moving from T&S administration to creditors’ voluntary liquidation to the registrar of companies.
Propose a change(1) Where, for the purposes of paragraph 84(1) of Schedule B1 to the 1986 Act, the T&S administrator delivers to the registrar of companies a notice of moving from T&S administration to dissolution, the T&S administrator must attach to that notice a final progress report. (2) As soon as reasonably practicable after delivering the notice to the registrar of companies, the T&S administrator must deliver— (a) a copy of the notice and final progress report to the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered, and (b) a copy of the final progress report with any other copy of the notice that is sent as required by paragraph 84(5)(b) of Schedule B1 to the 1986 Act. (3) Where a court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act it must, where the applicant is not the T&S administrator, deliver a copy of the order to the T&S administrator. (4) The T&S administrator must deliver a copy of the order to the registrar of companies with the notice required by paragraph 84(8) of Schedule B1 to the 1986 Act. (5) The Gas and Electricity Markets Authority must notify the Secretary of State before directing the T&S administrator to deliver a notice of moving from T&S administration to dissolution to the registrar of companies.
Propose a change(1) Paragraph (2) applies where the T&S administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act. (2) The T&S administrator must, at the same time as delivering the final progress report to the Secretary of State under rule 88(2), 89(3) or 90(2), provide the Secretary of State with the following information— (a) a breakdown of the relevant debts of the T&S company which remain outstanding, and (b) details of any shortfall in the property of the T&S company available for meeting the relevant debts. (3) In paragraph (2), “relevant debts” means an obligation to do any of the following— (a) to make payments in respect of the expenses or remuneration of any person as T&S administrator of the T&S company (“the company”); (b) to make payment in discharge of a debt or liability of the company arising out of a contract entered into at a time when the T&S administration order was in force by the person who at that time was the T&S administrator of the company; (c) to repay the whole or any part of a grant made to the company under section 165 of the 2004 Act as applied by section 33 of the 2022 Act; (d) to repay a loan made to the company under section 165 of the 2004 Act (as applied by section 33 of the 2022 Act), or to pay interest on such a loan; (e) to make a payment under section 166(4) of the 2004 Act (as applied by section 33 of the 2022 Act); (f) to make a payment under section 167(5) of the 2004 Act (as applied by section 33 of the 2022 Act). (4) In paragraph (2)(b)— (a) a “shortfall” arises if, in a case where the company is or has been subject to a T&S administration order, the property available (apart from conditions falling within section 35(1) and (5) of the 2022 Act) for meeting relevant debts is insufficient for meeting them, and (b) amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.
Propose a change(1) The T&S administrator may resign— (a) on the grounds of ill health, (b) because the T&S administrator intends ceasing to be in practice as an insolvency practitioner, or (c) because there is some conflict of interest, or a change in personal circumstances, which prevents or makes impracticable the further discharge by the T&S administrator of the duties of T&S administrator. (2) The T&S administrator may, with the permission of the court, resign on grounds other than those specified in paragraph (1).
Propose a change(1) The T&S administrator must give at least five business days’ notice of the T&S administrator’s intention— (a) to resign in a case falling within rule 92(1); (b) to apply for the court’s permission to resign in a case falling within rule 92(2). (2) The notice must be delivered— (a) to the Secretary of State; (b) to the Gas and Electricity Markets Authority; (c) if there is a continuing T&S administrator of the T&S company, to that continuing T&S administrator; (d) if there is no such T&S administrator, to the T&S company and its creditors, including any floating charge holders; (e) to the Health and Safety Executive; (f) to the Oil and Gas Authority; (3) The notice must— (a) be headed “Notice of intention to resign as T&S administrator”; (b) include immediately below the heading— (i) the full name, registered address, registered number and any other trading names of the T&S company; (ii) details of the court where the proceedings are and the court reference number. (4) The notice must also include— (a) the date of the appointment of the T&S administrator; (b) the name of the person who made the T&S administration application; (c) in a case falling within rule 92(1), the date with effect from which the T&S administrator intends to resign; (d) in a case falling within rule 92(2), the date on which the T&S administrator intends to file with the court an application for permission to resign. (5) The notice must be accompanied by a summary of the T&S administrator’s receipts and payments.
Propose a change(1) Notice of resignation under paragraph 87(2) of Schedule B1 to the 1986 Act must be given by filing the notice with the court. (2) Within five business days of filing the notice of resignation with the court, the T&S administrator must deliver a copy of the notice to— (a) the registrar of companies, and (b) all persons to whom notice of intention to resign was delivered under rule 93. (3) The notice of resignation must— (a) be headed “Notice of resignation by T&S administrator”; (b) include immediately below the heading— (i) the full name, registered address, registered number and any other trading names of the T&S company; (ii) details of the court where the proceedings are and the court reference number. (4) The notice must also state— (a) the date of the appointment of the T&S administrator; (b) the name of the person who made the T&S administration application; (c) the date from which the resignation is to have effect; (d) where the resignation is with the permission of the court, the date on which permission was given.
Propose a change(1) An application for an order under paragraph 88 of Schedule B1 to the 1986 Act that the T&S administrator be removed from office must state the grounds on which the order is requested. (2) A copy of the application must be delivered, not less than five business days before the date fixed for the hearing— (a) to the T&S administrator; (b) to the Secretary of State; (c) to the Gas and Electricity Markets Authority; (d) to the joint T&S administrator (if any); (e) where there is not a joint T&S administrator, to the T&S company and its creditors, including any floating charge holders; (f) to the Health and Safety Executive; (g) to the Oil and Gas Authority. (3) Where the court makes an order removing the T&S administrator it must deliver a copy of the order to the applicant. (4) Following receipt of a copy of the order, the applicant must deliver a copy of the order— (a) as soon as reasonably practicable, to the T&S administrator, and (b) within five business days, to— (i) the registrar of companies, and (ii) all persons to whom a copy of the application was delivered under paragraph (2).
Propose a changeA T&S administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the T&S company and gives notice in accordance with paragraph 89 of Schedule B1 to the 1986 Act must also deliver notice to— (a) the Secretary of State; (b) the Gas and Electricity Markets Authority; (c) the registrar of companies; (d) the Health and Safety Executive; (e) the Oil and Gas Authority.
Propose a change(1) If the T&S administrator dies, a notice of the fact and date of death must be filed with the court. (2) The notice must be filed as soon as reasonably practicable by one of the following— (a) a surviving T&S administrator; (b) a member of the deceased T&S administrator’s firm, if the deceased was a member or employee of a firm; (c) an officer of the deceased T&S administrator’s company, if the deceased was an officer or employee of a company; (d) a personal representative of the deceased T&S administrator. (3) If such a notice has not been filed within the 21 days following the T&S administrator’s death then any other person may file the notice. (4) The person who files the notice must also deliver a notice to the registrar of companies which contains— (a) the date of the appointment of the T&S administrator; (b) the fact and date of death. (5) The person who files the notice must also deliver a copy of it to— (a) the Secretary of State; (b) the Gas and Electricity Markets Authority; (c) the Health and Safety Executive; (d) the Oil and Gas Authority.
Propose a change(1) Where an application is made to court under paragraph 91(1) of Schedule B1 to the 1986 Act to appoint a replacement T&S administrator, the application must be accompanied by a statement in accordance with rule 6 by the person proposed to be the replacement T&S administrator. (2) In addition to those persons referred to in section 156(2) of the 2004 Act and rule 9(3), the applicant must deliver a copy of the application to the person who made the application for the T&S administration order. (3) Rule 159 applies to the service of an application under paragraph 91(1) of Schedule B1 to the 1986 Act as it applies to service of an application for an T&S administration order. (4) Rules 11 and 12 apply to an application under paragraph 91(1) of Schedule B1 to the 1986 Act as they apply to an application for an T&S administration order.
Propose a changeWhere a replacement T&S administrator is appointed or an additional T&S administrator is appointed as a joint T&S administrator— (a) rule 13 applies, (b) the replacement or additional T&S administrator must deliver notice of the appointment to the registrar of companies, and (c) all documents must clearly identify the appointment of a replacement T&S administrator or an additional T&S administrator appointed as a joint T&S administrator.
Propose a change(1) A T&S administrator who ceases to be in office as such, in consequence of removal, resignation or ceasing to be qualified to act as an insolvency practitioner, must as soon as reasonably practicable deliver to the person succeeding as T&S administrator— (a) the assets, after deduction of any expenses properly incurred and distributions made by the departing T&S administrator, (b) the records of the T&S administration, including correspondence, proofs and other documents relating to the T&S administration while it was within the responsibility of the departing T&S administrator, and (c) the T&S company’s books, papers and other records. (2) It is an offence for the T&S administrator to fail to comply with paragraph (1).
Propose a changeThis Chapter applies to any application made to the court in T&S administration proceedings, except an application for a T&S administration order.
Propose a change(1) Each application must state— (a) that the application is made under the 1986 Act or these Rules (as applicable); (b) the section of the 1986 Act, or paragraph of a Schedule to the 1986 Act, or the number of the rule under which it is made (as the case may be); (c) the names of the parties; (d) the name of the T&S company which is the subject of the T&S administration proceedings; (e) the court (and where applicable, the division or district registry of that court) in which the application is made; (f) where the court has previously allocated a number to the T&S administration proceedings within which the application is made, that number; (g) the nature of the remedy or order applied for or the directions sought from the court; (h) the names and addresses of the persons on whom it is intended to serve the application or that no person is intended to be served; (i) where the 1986 Act or these Rules require that notice of the application is to be delivered to specified persons, the names and addresses of all those persons so far as known to the applicant; (j) the applicant’s address for service. (2) The application must be authenticated by the applicant if the applicant is acting in person or, when the applicant is not so acting, by or on behalf of the applicant’s solicitor.
Propose a change(1) An application under section 176A(5) of the 1986 Act must be accompanied by a witness statement by the T&S administrator. (2) The witness statement must— (a) state that the application arises in the course of a T&S administration; (b) contain a summary of the financial position of the T&S company; (c) contain the information substantiating the T&S administrator’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits. (3) An application under section 176A(5) of the 1986 Act may be made without the application being served upon or notification to any other party.
Propose a change(1) Where the court makes an order under section 176A(5) of the 1986 Act, it must as soon as reasonably practicable deliver two sealed copies of the order to the T&S administrator. (2) Where the court has made an order under section 176A(5) of the 1986 Act, the T&S administrator must as soon as reasonably practicable deliver notice of the order to each creditor of whose address and claim the T&S administrator is aware. (3) The court may direct that the requirement in paragraph (2) is complied with if a notice is published by the T&S administrator which, in addition to containing the contents required by Chapter 4 of Part 13, states that the court has made an order disapplying the requirement to set aside the prescribed part. (4) As soon as reasonably practicable a notice under paragraph (3)— (a) must be gazetted; (b) may be advertised in such other manner as the T&S administrator thinks fit. (5) The T&S administrator must deliver a copy of the order to the registrar of companies as soon as reasonably practicable after the making of the order.
Propose a change(1) An application filed with the court in hard copy form must be accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application. (2) Where an application is filed with the court, the court must fix a venue for the application to be heard unless— (a) it considers it is not appropriate to do so, (b) the rule under which the application is brought provides otherwise, or (c) the case is one to which rule 106 applies. (3) The applicant must serve a sealed copy of the application, endorsed with the venue for the hearing, on the respondent named in the application unless the court directs, or these Rules provide, otherwise. (4) The court may also give one or more of the following directions— (a) that the application be served upon persons other than those specified by the relevant provision of the 1986 Act or these Rules; (b) that service upon any person may be dispensed with; (c) that such persons be notified of the application and venue in such other a way as the court specifies; (d) such other directions as the court sees fit. (5) A sealed copy of the application must be served at least 14 days before the date fixed for its hearing unless— (a) the provision of the 1986 Act or these Rules under which the application is made makes different provision, or (b) the case is one to which paragraph (6) applies (urgency). (6) Where the case is one of urgency, the court may (without limiting its general power to extend or abridge time limits)— (a) hear the application immediately, either with or without notice to, or the attendance of, other parties, or (b) authorise a shorter period of service than that provided for by paragraph (5); and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks just.
Propose a changeWhere the provisions of the 1986 Act or these Rules do not require service of the application on, or notice of it to be delivered to, any person, the court may— (a) hear the application as soon as reasonably practicable without fixing a venue, (b) fix a venue for the application to be heard, in which case rule 105 applies to the extent that it is relevant, or (c) determine the application without a hearing, but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so.
Propose a change(1) In the High Court, the jurisdiction of the court to hear and determine an application may be exercised by an Insolvency and Companies Court Judge or District Judge of the High Court, to whom any application must be made in the first instance, unless— (a) a direction to the contrary has been given, or (b) it is not within the Judge’s power to make the order required. (2) Where the application is made to an Insolvency and Companies Court Judge or District Judge of the High Court, that Judge may refer to a High Court Judge any matter which the Insolvency and Companies Court Judge or District Judge of the High Court thinks should properly be decided by a High Court Judge. (3) Following a reference under paragraph (2) the High Court Judge may either dispose of the matter or refer it back to the Insolvency and Companies Court Judge or District Judge of the High Court with such directions as the High Court Judge thinks just. (4) Nothing in this rule precludes an application being made directly to a High Court Judge in a proper case.
Propose a change(1) Where evidence is required by the 1986 Act or these Rules as to any matter, such evidence may be given by witness statement unless— (a) in any specific case a rule or the 1986 Act makes different provision, or (b) the court otherwise directs. (2) Paragraph (1) is subject to rule 109 (use of reports). (3) Unless the provisions of the 1986 Act or these Rules under which the application is made provide otherwise, or the court otherwise directs— (a) if the applicant intends to rely at the first hearing on evidence in a witness statement, the applicant must file the witness statement with the court and serve a copy on the respondent, not less than 14 days before the date fixed for the hearing, and (b) where a respondent to an application intends to oppose it and rely for that purpose on evidence in a witness statement, the respondent must file the witness statement with the court and serve a copy on the applicant, not less than five business days before the date fixed for the hearing. (4) The court may, on the application of any party to the matter in question, order the attendance for cross-examination of the person making the witness statement. (5) Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the permission of the court.
Propose a change(1) A report may be filed in court by the T&S administrator instead of a witness statement, unless the application involves other parties or the court otherwise directs. (2) In any case where a report is filed instead of a witness statement, the report is to be treated for the purposes of rule 108 and any hearing before the court as if it were a witness statement.
Propose a change(1) The court may at any time give such directions as it thinks just as to the following— (a) service or notice of the application on or to any other person; (b) whether the application is to be served and generally the procedure on the application, including whether a hearing is necessary; (c) the matters, if any, to be dealt with in evidence; (d) the manner in which any evidence is to be provided and, in particular, as to the following— (i) the taking of evidence wholly or partly by witness statement or orally; (ii) any report to be made by the T&S administrator; (iii) the cross-examination of the maker of a witness statement or of a report. (2) The court may adjourn the hearing of an application on such terms as it thinks just.
Propose a changeIn T&S administration proceedings, orders of the court may be enforced in the same manner as a judgment to the same effect.
Propose a change(1) The court may, on an application by the T&S administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with— (a) paragraph 47 of Schedule B1 to the 1986 Act (duty to submit statement of affairs), or (b) section 235 of the 1986 Act (duty to co-operate with T&S administrator). (2) An order of the court under this rule may provide that all costs of and incidental to the application for it are to be borne by the person against whom the order is made.
Propose a change(1) For the purpose of the issue of a warrant under section 236 of the 1986 Act (inquiry into insolvent company’s dealings), the persons referred to in that section as the prescribed officer of the court are the tipstaff and the tipstaff’s assistants of the court. (2) In this rule, references to property include books, papers and other documents and records. (3) When a person is arrested under a warrant issued under section 236 of the 1986 Act (“the arrested person”), the arresting officer must as soon as reasonably practicable bring the arrested person before the court issuing the warrant in order that the arrested person may be examined. (4) If the arrested person cannot immediately be brought up for examination, the officer must deliver the arrested person into the custody of the relevant prison governor. (5) The relevant prison governor must keep the arrested person in custody and produce the arrested person before the court as the court may from time to time direct. (6) After arresting the person named in the warrant, the officer must as soon as reasonably practicable report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the arrested person’s examination. (7) The court must appoint the earliest practicable time for the examination, and must— (a) direct the relevant prison governor to produce the arrested person for examination at the time and place appointed; (b) as soon as reasonably practicable deliver notice of the venue to the T&S administrator. (8) Where any property in the arrested person’s possession is seized, the property must, as directed by the warrant, be— (a) delivered to whoever is specified in the warrant as authorised to receive it, or otherwise dealt with in accordance with the directions in the warrant, or (b) kept by the officer seizing it pending the receipt of written orders from the court as to its disposal. (9) In this rule, “the relevant prison governor” means— (a) the governor of the prison named in the warrant, or (b) where that prison is not able to accommodate the arrested person, the governor of such other prison, with appropriate facilities, that is able to accommodate the arrested person.
Propose a change(1) The court must open and maintain a file (the “court file”) in any case where documents are filed with it under the 1986 Act or these Rules. (2) Any documents which are filed with the court under the 1986 Act or these Rules must be placed on the court file. (3) The following persons 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 T&S administrator; (b) the Secretary of State; (c) the Gas and Electricity Markets Authority; (d) a creditor who provides the court with a statement confirming that the person is a creditor of the T&S company; (e) a person who is, or at any time has been, a director or officer of the T&S company; (f) a person who is a member of the T&S company; (g) the Health and Safety Executive; (h) the Oil and Gas Authority. (4) A person’s right to inspect or obtain copies may be exercised on that person’s behalf by someone authorised to do so by that person. (5) Any person who is not otherwise entitled to inspect the court file or obtain copies may do so if the court gives permission. (6) The court may direct that the court file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraph (3) or (4) without the permission of the court. (7) An application for a direction under paragraph (6) may be made by— (a) the T&S administrator, or (b) any person appearing to the court to have an interest. (8) Inspection of the court file, with permission if required, may be at any reasonable time. (9) The right to a copy of a document is subject to payment of the fee chargeable under an order made under section 92 of the Courts Act 2003. (10) The following applications may be made without notice to any other party, but the court may direct that notice must be delivered to any person who would be affected by its decision— (a) an application for permission to inspect the court file or obtain a copy of a document under paragraph (5); (b) an application for a direction under paragraph (6). (11) If for the purposes of powers conferred by the 1986 Act or these Rules, the Secretary of State or the T&S administrator requests the transmission of the court file, the court must comply with the request (unless the file is for the time being in use for the court’s own purposes).
Propose a change(1) The court must provide an office copy of a document from the court file to a person who has under these Rules the right to inspect the court file where that person has requested such a copy and paid the fee under rule 114(9). (2) A person’s right under this rule may be exercised on that person’s behalf by someone authorised to do so by that person. (3) An office copy provided by the court under this rule must be in such form as the relevant Judge thinks appropriate, and must bear the court’s seal. (4) In this rule, “relevant Judge” means the High Court Judge, Insolvency and Companies Court Judge or District Judge of the High Court before whom the proceedings are brought.
Propose a change(1) This Chapter applies to costs of and in connection with T&S administration proceedings. (2) In this Chapter, “costs” includes charges and expenses. (3) CPR Parts 44 and 47 (which relate to costs) apply to such costs.
Propose a change(1) Where the costs of any person are payable as an expense out of the assets of the T&S company, the amount payable must be decided by detailed assessment unless agreed between the T&S administrator and the person entitled to payment. (2) In the absence of such agreement, the T&S administrator may serve notice requiring the person entitled to payment to commence detailed assessment proceedings in accordance with CPR Part 47. (3) Detailed assessment proceedings must be commenced in the court to which the T&S administration proceedings are allocated. (4) Where the costs of any person employed by the T&S administrator in T&S administration proceedings are required to be decided by detailed assessment or fixed by order of the court, the T&S administrator may make payments on account to such person in respect of those costs provided that person undertakes in writing— (a) to repay as soon as reasonably practicable any money which may, when detailed assessment is made, prove to have been overpaid, and (b) to pay interest on any such sum as is mentioned in sub-paragraph (a) at the rate specified in section 17 of the Judgments Act 1838 on the date payment was made and for the period beginning with the date of payment and ending with the date of repayment. (5) In any proceedings before the court, the court may order costs to be decided by detailed assessment.
Propose a change(1) Before making a detailed assessment of the costs of any person employed in T&S administration proceedings by the T&S administrator, the costs officer must require a certificate of employment, which must be endorsed on the bill and authenticated by the T&S administrator. (2) The certificate must include the following— (a) the name and address of the person employed; (b) details of the functions to be carried out under the employment; (c) a note of any special terms of remuneration which have been agreed. (3) Every person whose costs in T&S administration proceedings are required to be decided by detailed assessment must, on being required in writing to do so by the T&S administrator, commence detailed assessment proceedings in accordance with CPR Part 47. (4) If that person does not commence detailed assessment proceedings within three months of being required to do so under paragraph (3), or within such further time as the court, on application, may permit, the T&S administrator may deal with the assets of the T&S company without regard to any claim for costs by that person, whose claim is forfeited by such failure to commence proceedings. (5) Where in any such case such a claim for costs lies additionally against a T&S administrator in the T&S administrator’s personal capacity, that claim is also forfeited by such failure to commence proceedings.
Propose a changeWhere the amount of costs is decided by detailed assessment under an order of the court directing that the costs are to be paid otherwise than out of the assets of the T&S company, the costs officer must note on the final costs certificate by whom, or the manner in which, the costs are to be paid.
Propose a change