160 Service on joint T&S administrators
Service of a document on one of joint T&S administrators is to be treated as service on all of them.
Propose a changeUnited Kingdom · regulation
Ask the law about thisMore laws of United KingdomFor machines: Markdown
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.
sha256 3d852d4d5c3b42d5670f0ca91cdea808eca71051f08629dcda1ddbeb8d8688bd
No one has proposed a change to this act yet.
Service of a document on one of joint T&S administrators is to be treated as service on all of them.
Propose a change(1) This rule applies where the court makes an order staying an action, execution or other legal process against the property of the T&S company. (2) The applicant must serve the order. (3) The order may be served within the jurisdiction by serving a sealed copy at the address for service of— (a) the claimant, or (b) another party having the carriage of the proceedings to be stayed.
Propose a change(1) The service of an application must be verified by a certificate of service. (2) The certificate of service must— (a) identify the application; (b) specify— (i) the name and registered number of the T&S company; (ii) the address of the registered office of the T&S company; (iii) the name of the applicant; (iv) the court in which the application was made and the court reference number; (v) the date of the application; (vi) whether the copy served was a sealed copy; (vii) the person served; (viii) the manner of service and the date of service; (c) be verified by a statement of truth. (3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.
Propose a change(1) Where under the 1986 Act or these Rules a notice is gazetted, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. (2) All notices must specify so far as it is applicable in relation to the particular notice— (a) the name and postal address of the T&S administrator; (b) the capacity in which the T&S administrator is acting and the date of appointment; (c) either an email address, or a telephone number, through which the T&S administrator may be contacted; (d) the name of any person other than the T&S administrator (if any) who may be contacted regarding the proceedings; (e) the T&S administrator’s IP number; (f) the court name and any number assigned to the proceedings by the court; (g) the registered name of the T&S company; (h) the T&S company’s registered number; (i) the T&S company’s registered office; (j) any principal trading address of the T&S company if this is different from its registered office; (k) any name under which the T&S company was registered in the 12 months before the date on which the T&S company entered T&S administration; (l) any name or style (other than the T&S company’s registered name) under which— (i) the T&S company carried on business, and (ii) any debt owed to a creditor was incurred.
Propose a changeInformation required under this Chapter to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it.
Propose a change(1) A copy of the Gazette containing any notice required by the 1986 Act or these Rules to be gazetted is evidence of any facts stated in the notice. (2) Where the 1986 Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice. (3) Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.
Propose a change(1) Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. (2) All notices must specify insofar as it is applicable in relation to the particular notice— (a) the name and postal address of T&S administrator; (b) the capacity in which the T&S administrator is acting; (c) either an email address, or a telephone number, through which the T&S administrator may be contacted; (d) the registered name of the T&S company; (e) the T&S company’s registered number; (f) any name under which the T&S company was registered in the 12 months before the date on which the T&S company entered T&S administration; (g) any name or style (other than the T&S company’s registered name) under which— (i) the T&S company carried on business, and (ii) any debt owed to a creditor was incurred
Propose a change(1) Information which this Chapter requires to be specified in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible. (2) Information required under this Chapter to be included in a notice may be omitted if it is not reasonably practicable to obtain it.
Propose a changeWhere under the 1986 Act or these Rules a document is to be delivered to the registrar of companies, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the document must contain the contents set out in this Chapter.
Propose a changeA document to be delivered to the registrar of companies must— (a) specify— (i) the registered name of the T&S company; (ii) its registered number; (iii) the nature of the document; (iv) the provision of the 1986 Act or the rule under which the document is delivered; (v) the date of the document; (vi) the name and postal address of the person delivering the document; (vii) the capacity in which that person is acting in respect of the T&S company; (b) be authenticated by the person delivering the document.
Propose a changeA document relating to the office of the T&S administrator must also specify— (a) the name of the T&S administrator; (b) the date of the event of which notice is delivered or of the notice (as applicable); (c) where the document relates to an appointment, the court making the appointment; (d) where the document relates to the termination of an appointment, the reason for that termination; (e) the postal address of the T&S administrator.
Propose a changeA document relating to another document must also specify— (a) the nature of the other document; (b) the date of the other document; (c) where the other document relates to a period of time, the period of time to which it relates.
Propose a changeA document relating to a court order must also specify— (a) the nature of the court order; (b) the date of the order.
Propose a changeA document relating to a report of a meeting must also specify— (a) the purpose of the meeting, including the provision of the 1986 Act or the rule under which it was convened; (b) the venue fixed for the meeting; (c) whether a required quorum was present for the meeting to take place; (d) if the meeting took place, the outcome of the meeting (including any resolutions passed at the meeting).
Propose a changeA document relating to any other event must also specify— (a) the nature of the event, including the provision of the 1986 Act or the rule under which it took place; (b) the date on which the event occurred.
Propose a changeA document of more than one type must satisfy the requirements which apply to each.
Propose a change(1) Where under the 1986 Act or these Rules a document is to be delivered to another person at the same time that it is to be delivered to the registrar of companies, that requirement may be satisfied by delivering to that other person a copy of the document delivered to the registrar. (2) Paragraph (1) does not apply where the document delivered to the registrar of companies is incomplete.
Propose a change(1) Paragraph (2) applies where in T&S administration proceedings the T&S administrator considers that a document forming part of the records of those proceedings— (a) should be treated as confidential, or (b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person. (2) The T&S administrator may decline to allow the document to be inspected by a person who would otherwise be entitled to inspect it. (3) Where under this rule the T&S administrator determines to decline to allow inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.
Propose a changeWhere the 1986 Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents, on payment— (a) in the case of documents on the court file, of the fee chargeable under any order made under section 92 of the Courts Act 2003; (b) in any other case, of the standard fee.
Propose a changeExcept where prohibited by these Rules, the T&S administrator is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member or contributory.
Propose a change(1) A creditor has the right to require the T&S administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless paragraph (4) applies. (2) The T&S administrator on being required to provide the list under paragraph (1)— (a) must deliver it to the person requiring the list as soon as reasonably practicable, and (b) may charge the standard fee for a hard copy. (3) The name and address of any creditor may be omitted from the list provided under paragraph (2) where the T&S administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person, provided that— (a) the amount of the debt in question is shown in the list, and (b) a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt. (4) Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies.
Propose a change(1) The provisions of CPR rule 2.8 (time), with the exception of paragraph (4) of that rule, apply for the calculation of periods expressed in days in the relevant legislation and these Rules. (2) The calculation of the beginning and end of a period expressed in months is to be determined as follows— (a) if the beginning of the period is specified— (i) the month in which the period ends is the specified number of months after the month in which it begins, and (ii) the date in the month on which the period ends is— (aa) the day before the date corresponding to the date in the month on which it begins, or (bb) if there is no such date in the month on which it ends, the last day of that month; (b) if the end of the period is specified— (i) the month in which the period begins is the specified number of months before the month in which it ends, and (ii) the date in the month on which the period begins is— (aa) the day after the date corresponding to the date in the month on which it ends, or (bb) if there is no such date in the month in which it begins, the last day of that month. (3) The provisions of CPR rule 3.1(2)(a) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules. (4) Paragraph (3) is subject to any time limits expressly stated in the relevant legislation and to any specific powers in the relevant legislation or these Rules to extend or shorten the time for compliance. (5) In this rule, “relevant legislation” means— (a) the 1986 Act; (b) sections 154 to 171 of, and Schedules 20 and 21 to, the 2004 Act.
Propose a changeWhere these Rules provide for creditors, members or contributories of a T&S company a right to inspect any documents, whether on the court file or in the hands of a T&S administrator or other person, it is an offence for a person, with the intention of gaining sight of documents which the person has not under these Rules any right to inspect, falsely to claim a status which would entitle the person to inspect them.
Propose a change(1) The Schedule to these Rules has effect with respect to the way in which contraventions of these Rules are punishable on conviction. (2) In relation to an offence under a provision of the rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other. (3) The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration. (4) The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, the person is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule). (5) Section 431 of the 1986 Act (summary proceedings), as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under the 1986 Act.
Propose a change(1) The Secretary of State must from time to time— (a) carry out a review of the regulatory provision contained in these Rules, and (b) publish a report setting out the conclusions of the review. (2) The first report must be published before the end of the period of five years beginning with the date on which these Rules come into force. (3) Subsequent reports must be published at intervals not exceeding five years. (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this rule must, in particular— (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), (b) assess the extent to which those objectives are achieved, (c) assess whether those objectives remain appropriate, and (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (5) In this rule, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Propose a changeRule 183 (1) Rule creating the offence | (2) General nature of the offence | (3) Mode of prosecution | (4) Punishment | (5) Daily default fine (where applicable) Rule 26(10) | T&S administrator failing to send report as to progress of T&S administration | Summary | Level 3 on the standard scale | One tenth of level 3 on the standard scale Rule 100(2) | Failing to comply with T&S administrator’s duties on vacating office | Summary | Level 3 on the standard scale | One tenth of level 3 on the standard scale Rule 182 | False representation of status for purpose of inspecting documents | 1. On indictment 2. Summary | Two years or a fine or both Six months or a fine or both
Propose a change