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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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Without prejudice to any provision of the 1986 Act or these Rules by virtue of which the T&S administrator is not in any event to be liable for costs and expenses, where a T&S administrator is made a party to any proceedings on the application of another party to the proceedings, the T&S administrator is not to be personally liable for the costs unless the court otherwise directs.
Propose a change(1) This rule applies where a party to, or person affected by, T&S administration proceedings— (a) applies to the court for an order allowing their costs, or part of them, of or incidental to the proceedings, and (b) that application is not made at the time of the proceedings. (2) The applicant must serve a sealed copy of the application on the T&S administrator. (3) The T&S administrator may appear on the application. (4) No costs of or incidental to the application are to be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceedings.
Propose a change(1) An officer of the T&S company to which the T&S administration proceedings relate is not to receive an allowance as a witness in an examination or other proceedings before the court except as directed by the court. (2) A person making any application in T&S administration proceedings is not to receive an allowance as a witness for attending the hearing of the application, but the costs officer may allow that person’s expenses of travelling and subsistence.
Propose a change(1) A final costs certificate of the costs officer is final and conclusive as to all matters which have not been objected to in the manner provided for under the CPR. (2) Where it is proved to the satisfaction of a costs officer that a final costs certificate has been lost or destroyed, the costs officer may issue a duplicate.
Propose a change(1) The rules in this Chapter apply where it appears to the court in T&S administration proceedings that a person affected by the proceedings is unable to manage and administer that person’s own property and affairs by reason of— (a) lacking capacity within the meaning of the Mental Capacity Act 2005, (b) suffering from a physical affliction, or (c) disability. (2) Such a person is referred to in this Chapter as “the incapacitated person”.
Propose a change(1) The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person. (2) The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for the incapacitated person’s incapacity. (3) The court may make the appointment either of its own motion or on application by— (a) a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person; (b) any person who appears to the court to be a suitable person to make the application; (c) the T&S administrator. (4) An application under paragraph (3) may be made without notice to any other party. (5) The court may require such notice of the application as it thinks necessary to be delivered to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be delivered.
Propose a changeAn application under rule 125(3) must be supported by a witness statement made by a registered medical practitioner as to the mental or physical condition of the incapacitated person.
Propose a changeAny notice served on, or sent to, a person appointed under rule 125 has the same effect as if it had been served on, or sent to, the incapacitated person.
Propose a change(1) A court which has jurisdiction in relation to T&S administration proceedings may review, rescind or vary any order made by it in the exercise of that jurisdiction. (2) An appeal made in the exercise of the court’s jurisdiction in relation to T&S administration proceedings lies— (a) from a decision of an Insolvency and Companies Court Judge or District Judge of the High Court, to a High Court Judge; (b) from a decision of a High Court Judge, to the Civil Division of the Court of Appeal. (3) In this rule, “Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981.
Propose a change(1) An appeal against a decision at first instance may only be brought with either the permission of the court which made the decision or the permission of the court which has jurisdiction to hear the appeal. (2) An appellant must file an appellant’s notice (within the meaning of CPR Part 52) within 21 days after the date of the decision of the court that the appellant wishes to appeal. (3) The procedure set out in CPR Part 52 applies to any appeal to which this Chapter applies.
Propose a change(1) The provisions of the CPR (including any related practice directions) apply to T&S administration proceedings with any necessary modifications, except so far as disapplied by or inconsistent with these Rules. (2) T&S administration proceedings must be allocated to the multi-track, for which CPR Part 29 makes provision, and accordingly those provisions of the CPR which provide for directions questionnaires and track allocation do not apply. (3) CPR Part 32 (evidence) applies to a false statement in a document verified by a statement of truth made under these Rules as it applies to a false statement in a document verified by a statement of truth made under CPR Part 22 (statements of truth).
Propose a change(1) In T&S administration proceedings, anything to be done by, to or before the court may be done by, to or before a High Court Judge, Insolvency and Companies Court Judge or District Judge of the High Court. (2) The Insolvency and Companies Court Judge or District Judge of the High Court may authorise any act of a formal or administrative character which is not in accordance with any enactment that person’s responsibility to be carried out by the chief clerk or any other officer of the court acting on that person’s behalf, in accordance with directions given by the Lord Chancellor. (3) The hearing of an application must be in open court unless the court directs otherwise.
Propose a changeRights of audience in T&S administration proceedings are the same as in insolvency proceedings.
Propose a changeNo T&S administration proceedings are to be invalidated by any formal defect or any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.
Propose a change(1) The court may in writing nominate a person to be official shorthand writer to the court. (2) The court may, at any time in the course of T&S administration proceedings, appoint a shorthand writer to take down evidence of a person examined under section 236 of the 1986 Act. (3) The remuneration of a shorthand writer appointed in T&S administration proceedings must be paid by the party at whose instance the appointment was made, or out of the assets of the T&S company or otherwise, as the court may direct. (4) Any question arising as to the rates of remuneration payable under this rule must be determined by the court.
Propose a changeCPR Part 37 (miscellaneous provisions about payment into court) applies to money lodged in court under these Rules.
Propose a change(1) A party to T&S administration proceedings may apply to the court for an order— (a) that in accordance with CPR Part 18 (further information) another party— (i) clarify a matter that is in dispute in the proceedings, or (ii) give additional information in relation to such a matter, or (b) for disclosure from any person in accordance with CPR Part 31 (disclosure and inspection of documents), save where rules 18 or 24 apply. (2) An application under this rule may be made without notice to any other party.
Propose a changeThe court may make such other order or in such form as the court thinks just, despite any requirement in these Rules as to the contents of a court order.
Propose a change(1) The rules in this Part apply to applications to the court, made by the T&S administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings). (2) In this Part— (a) “the respondent” means the person in respect of whom an order under section 236 is applied for; (b) “section 236” means section 236 of the 1986 Act.
Propose a change(1) The application must state the following— (a) the grounds on which it is made; (b) the name of the respondent; (c) which order or combination of orders referred to in paragraph (2) is sought. (2) The orders are— (a) for the respondent to appear before the court; (b) for the respondent to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter (if CPR Part 18 (further information) applies to any such order); (c) for the respondent to submit witness statements (if so, particulars must be given of the matters to be included); (d) for the respondent to produce books, papers or other records (if so, the items in question must be specified). (3) The application may be made without notice to the respondent or any other party.
Propose a change(1) The court may, whatever the order sought in the application, make any order which it has power to make under section 236. (2) The court, if it orders the respondent to appear before it, must specify a venue for the respondent’s appearance, which must be not less than 14 days from the date of the order. (3) If the respondent is ordered to file with the court a witness statement, the order must specify— (a) the matters which are to be dealt with in the respondent’s witness statement, and (b) the time within which it is to be delivered. (4) If the order is to produce books, papers or other records, the time and manner of compliance must be specified. (5) The order must be served by the T&S administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders.
Propose a change(1) At any examination of the respondent, the T&S administrator may attend in person, or be represented by an appropriately qualified legal representative, and may put such questions to the respondent as the court may allow. (2) Any creditor who has provided information on which the application was made under section 236 may— (a) attend the examination with the permission of the court, and (b) put questions to the respondent, but only through the T&S administrator. (3) If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and as to whether the respondent’s answers (if any) are to be made in a witness statement. (4) The respondent may at the respondent’s own expense employ an appropriately qualified legal representative who may— (a) put to the respondent such questions as the court may allow for the purpose of enabling the respondent to explain or qualify any answers given by the respondent, and (b) make representations on the respondent’s behalf. (5) There must be made in writing such record of the examination as the court thinks proper and such record must be read either to or by the respondent and authenticated by the respondent at a venue fixed by the court. (6) The written record may, in any proceedings (whether under the 1986 Act or otherwise), be used as evidence against the respondent of any statement made by the respondent in the course of the respondent’s examination.
Propose a change(1) Unless the court otherwise directs, the record of questions put to the respondent, the respondent’s answers, and any witness statement delivered to the court by the respondent in compliance with an order of the court under section 236 are not to be filed with the court. (2) The documents listed in paragraph (3) are not open to inspection without the permission of the court, except by the T&S administrator. (3) The documents are as follows— (a) the written record of the respondent’s examination; (b) copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent; (c) any witness statement by the respondent; (d) any document on the court file that shows the grounds for the application for the order. (4) The court may from time to time give directions as to the custody and inspection of any documents to which this rule applies, and as to the provision of copies of, or extracts from, such documents.
Propose a change(1) Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent. (2) Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent. (3) The T&S administrator’s costs must, unless the court otherwise orders, be paid out of the assets of the T&S company (subject to paragraphs (1) and (2)). (4) A person summoned to attend for examination under this Part must be tendered a reasonable sum for travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion.
Propose a change(1) This Chapter applies where a document is required under the 1986 Act or these Rules to be delivered, filed, forwarded, furnished, given, sent or submitted by any person unless the 1986 Act, a rule or an order of the court makes different provision including one requiring service of the document. (2) But this Chapter does not apply to the delivery of documents to the registrar of companies.
Propose a changeA document is delivered if it is personally delivered in accordance with the rules for personal service in CPR Part 6.
Propose a changeA document is delivered if it is sent by post (or document exchange) in accordance with the rules for such service in CPR Part 6 and sending by such means has effect as specified in those rules.
Propose a changeWhere under the 1986 Act or these Rules a document is to be delivered to a person, it may be delivered instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.
Propose a changeDelivery of a document to one of joint T&S administrators is to be treated as delivery to them all.
Propose a change(1) A document is delivered if it is sent by electronic means and each of the following conditions apply. (2) The conditions are that the intended recipient of the document has— (a) given actual or deemed consent for the electronic delivery of the document; (b) not revoked that consent before the document is sent; (c) provided an electronic address for the delivery of the document. (3) Consent may relate to a specific case or generally. (4) For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document by the T&S administrator where the intended recipient and the T&S company had customarily communicated with each other by electronic means before the proceedings commenced. (5) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which— (a) contains the document, and (b) shows the time and date the communication was sent and the electronic address to which it was sent. (6) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 a.m. on the next business day after it was sent.
Propose a change(1) A document may not be delivered to a court by electronic means unless this is expressly permitted by the CPR, a practice direction, or these Rules. (2) A document delivered by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction or these Rules provide.
Propose a changeWhere anything in the 1986 Act or these Rules provides for the delivery of a notice to an enforcement officer or enforcement agent, it may be delivered by electronic means to a person who has been authorised to receive such a notice on behalf of a specified enforcement officer or specified enforcement agent or on behalf of enforcement officers or enforcement agents generally.
Propose a change(1) Where a T&S administrator delivers a document by electronic means, the document must contain, or be accompanied by, a statement that the recipient may request a hard copy of the document and a telephone number, email address and postal address that may be used to make that request. (2) A T&S administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.
Propose a change(1) This rule applies for the purposes of section 246B of the 1986 Act. (2) A T&S administrator who is required to deliver a document to any person may, except where personal delivery is required, satisfy that requirement by delivering a notice to that person which contains the following— (a) a statement that the document is available for viewing and downloading on a website; (b) the website’s address and any password necessary to view and download the document; (c) a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request. (3) A T&S administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request. (4) A document to which a notice under paragraph (2) relates must— (a) remain available on the website until two months after the end of the T&S administration proceedings or the discharge of the last person to hold office as T&S administrator in those proceedings; (b) be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded. (5) A document which is delivered to a person by means of a website in accordance with this rule is deemed to have been delivered— (a) when the document is first made available on the website, or (b) when the notice under paragraph (2) is delivered to that person, if that is later.
Propose a change(1) A T&S administrator may deliver a notice to each person to whom a document will be required to be delivered in the T&S administration proceedings which contains the following— (a) a statement that future documents in the proceedings (other than those mentioned in paragraph (2)) will be made available for viewing and downloading on a website without notice to the recipient and that the T&S administrator will not be obliged to deliver any such documents to the recipient of the notice unless it is requested by that person; (b) a telephone number, email address and postal address which may be used to make a request for a hard copy of a document; (c) a statement that the recipient of the notice may at any time request a hard copy of any or all of the following— (i) all documents currently available for viewing on the website; (ii) all future documents which may be made available there; (d) the address of the website, and any password required to view and download a relevant document from that site. (2) A statement under paragraph (1)(a) does not apply to the following documents— (a) a document for which personal delivery is required; (b) a notice under rule 69; (c) a document which is not delivered generally. (3) A document is delivered generally if it is delivered to some or all of the following classes of persons— (a) members; (b) contributories; (c) creditors; (d) any class of members, contributories or creditors. (4) A T&S administrator who has delivered a notice under paragraph (1) is under no obligation— (a) to notify a person to whom the notice has been delivered when a document to which the notice applies has been made available on the website, or (b) to deliver a hard copy of such a document unless a request is received under paragraph (1)(c). (5) A T&S administrator who receives such a request— (a) in respect of a document which is already available on the website must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request, and (b) in respect of all future documents must deliver each such document in accordance with the requirements for delivery of such a document in the 1986 Act and these Rules. (6) A document to which a statement under paragraph (1)(a) applies must— (a) remain available on the website until two months after the end of the T&S administration proceedings or the discharge of the last person to hold office as T&S administrator in those proceedings; (b) must be in such a format as to enable it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded. (7) A document which is delivered to a person by means of a website in accordance with this rule, is deemed to have been delivered— (a) when the relevant document was first made available on the website, or (b) if later, when the notice under paragraph (1) was delivered to that person. (8) Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(c)(ii) for hard copies of all future documents.
Propose a change(1) A certificate complying with this rule is proof that a document has been duly delivered to the recipient in accordance with this Chapter unless the contrary is shown. (2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be). (3) In the case of the T&S administrator, the certificate must be given by— (a) the T&S administrator, (b) the T&S administrator’s solicitor, or (c) a partner or an employee of either of them. (4) In the case of a person other than the T&S administrator, the certificate must be given by that person and must state— (a) that the document was delivered by that person, or (b) that another person (named in the certificate) was instructed to deliver it. (5) A certificate under this rule may be endorsed on a copy of the document to which it relates.
Propose a change(1) A notice or statement must be in writing unless the 1986 Act or these Rules provide otherwise. (2) A document in electronic form must be capable of being— (a) read by the recipient in electronic form, and (b) reproduced by the recipient in hard copy form.
Propose a change(1) A document in hard copy form is sufficiently authenticated if it is signed. (2) If a document is authenticated by the signature of an individual on behalf of— (a) a body of persons, the document must also state the position of that individual in relation to the body; (b) a body corporate of which the individual is the sole member, the document must also state that fact. (3) A document in electronic form is sufficiently authenticated— (a) if the identity of the sender is confirmed in a manner specified by the recipient, or (b) where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement.
Propose a change(1) This Chapter sets out the requirements for service where a document is required to be served. (2) Service is to be carried out in accordance with CPR Part 6 as that Part applies to either a “claim form” or a “document other than the claim form”, except where this Chapter provides otherwise or the court otherwise directs. (3) If for any reason it is impracticable to effect service as provided for in paragraph (2) then service may be effected in such other manner as the court may direct. (4) For the purposes of the application by this Chapter of CPR Part 6— (a) the following documents are to be treated as a “claim form”— (i) an application commencing T&S administration proceedings; (ii) an application within T&S administration proceedings against a respondent; (b) any other document is to be treated as a “document other than the claim form”. (5) CPR Part 6 applies to the service of documents outside the jurisdiction with such modifications as the court may direct.
Propose a change(1) An application to the court for a T&S administration order must be served by delivering the documents as follows— (a) on the T&S company at its registered office; (b) on any other person at that person’s proper address. (2) A person’s proper address is any which that person has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person’s usual or last known address.
Propose a change