The Postal Administration Rules 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/3208 |
2013 No. 3208
Insolvency, England And WalesCompanies
The Postal Administration Rules 2013
Made 18th December 2013
Laid before Parliament 19th December 2013
Coming into force 31th January 2014
The Lord Chancellor makes the following Rules—
in the exercise of powers conferred by section 411 of the Insolvency Act 19861and subsections 73(3) and (4) of the Postal Services Act 20112,
with the concurrence of the Secretary of State, and
with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice, under section 411(7)3of the Insolvency Act 1986) in relation to those rules that affect court procedure.
PART 1
Introductory Provisions
Citation and Commencement
1. These Rules may be cited as the Postal Administration Rules 2013 and shall come into force on 31st January 2014.
Construction and Interpretation
2.—(1) In these Rules—
“the 1986 Act” means the Insolvency Act 1986;
“the 2011 Act” means the Postal Services Act 2011;
“administrative receiver” has the same meaning as in section 70(4) of the 2011 Act;
“the appropriate fee” has the meaning given in Rule 203 of these Rules;
“authorised deposit-taker and former authorised deposit-taker” has the meaning given in Rule 204 of these Rules;
“the Companies Act” means the Companies Act 20064;
“CPR” means the Civil Procedure Rules 19985and “CPR” followed by a Part or rule number means the Part or rule with that number in those Rules;
“debt” has the meaning given in Rule 206 of these Rules;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 20036;
“insolvency proceedings” has the same meaning as in Rule 13.7 of the Insolvency Rules;
“the Insolvency Rules” means the Insolvency Rules 19867;
“OFCOM” means the Office of Communications;
“petitioner” has the meaning given in Rule 207 of these Rules;
“pre-postal administration costs” are—
(a) fees charged, and
(b) expenses incurred,
by the postal administrator, or another person qualified to act as an insolvency practitioner, before the company entered postal administration but with a view to its doing so;
“the registrar” has the meaning given in Rule 205 of these Rules;
“registrar of companies” means the registrar of companies for England and Wales;
“the Rules” means the Postal Administration Rules 2013;
“unpaid pre-postal administration costs” are pre-postal administration costs which had not been paid when the company entered postal administration; and
“venue” has the meaning given in Rule 208 of these Rules.
(2) References in the Rules to ex parte hearings shall be construed as references to hearings without notice being served on any other party; references to applications made ex parte as references to applications made without notice being served on any other party and other references which include the expression “ex parte” shall be similarly construed.
(3) References to a numbered paragraph shall, unless otherwise stated, be to the paragraph so numbered in Schedule B18to the 1986 Act as modified and applied by Schedule 10 to the 2011 Act.
(4) References to other provisions of the 1986 Act are, where those provisions have been modified by Schedule 10 to the 2011 Act, references to those provisions as so modified.
(5) Where the universal service provider is a foreign company within the meaning of section 85 of the 2011 Act, references in the Rules to the affairs, business and property of the company are references only to its affairs and business so far as carried on in the United Kingdom and to its property in the United Kingdom unless otherwise stated.
(6) Where the universal service provider is an unregistered company, any requirement to send information to the registrar of companies applies only if the company is subject to a requirement imposed by virtue of section 1043 or 1046 of the Companies Act.
(7) Subject to paragraphs (1) to (6) of this Rule, Part 16 of the Rules has effect for their interpretation and application.
Extent
3. The Rules apply in relation to a company which is a universal service provider which the courts in England and Wales have jurisdiction to wind up.
PART 2
Appointment of Postal Administrator by Court
Witness statement
4. Where it is proposed to apply to the court for a postal administration order to be made in relation to a company, the administration application shall be in Form PA1 and a witness statement complying with Rule 6 must be prepared with a view to its being filed with the court in support of the application.
Form of application
5.—(1) The application shall state whether it is made by OFCOM or the Secretary of State and the applicant’s address for service.
(2) Where it is made by OFCOM, the application shall contain a statement that it is made with the consent of the Secretary of State.
(3) There shall be attached to the application a written statement which shall be in Form PA2 made by each of the persons proposed to be postal administrator stating—
(a)
(a) that the person consents to accept the appointment; and
(b)
(b) details of any prior professional relationship(s) that the person has had with the company to which that person is to be appointed as postal administrator.
Contents of application and witness statement
6.—(1) The postal administration application shall state that the company is a universal service provider.
(2) The application shall state one or both of the following—
(a)
(a) the applicant’s belief that the company is unable, or is likely to be unable, to pay its debts;
(b)
(b) the Secretary of State has certified that it would be appropriate to petition for the winding up of the universal service provider under section 124A9of the 1986 Act (petition for winding up on grounds of public interest).
(3) There shall be attached to the application a witness statement in support which shall contain—
(a)
(a) a statement of the company’s financial position, specifying (to the best of the applicant’s knowledge and belief) its assets and liabilities, including contingent and prospective liabilities;
(b)
(b) details of any security known or believed to be held by creditors of the company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under paragraph 14. If an administrative receiver has been appointed, that fact shall be stated;
(c)
(c) details of any insolvency proceedings in relation to the company including any petition that has been presented for the winding up of the company so far as within the immediate knowledge of the applicant;
(d)
(d) details of any notice served in accordance with section 78 of the 2011 Act by any person intending to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant;
(e)
(e) details of any step taken to enforce any such security, so far as within the immediate knowledge of the applicant;
(f)
(f) details of any application for permission of the court to pass a resolution for the voluntary winding up of the company, so far as within the immediate knowledge of the applicant;
(g)
(g) where it is intended to appoint a number of persons as postal administrators, details of the matters set out in section 72(5) of the 2011 Act regarding the exercise of the powers and duties of the postal administrators; and
(h)
(h) any other matters which, in the opinion of those intending to make the application for a postal administration order, will assist the court in deciding whether to make such an order, so far as lying within the knowledge or belief of the applicant.
Filing of application
7.—(1) The application (and all supporting documents) shall be filed with the court, with a sufficient number of copies for service and use as provided by Rule 8.
(2) Each of the copies filed shall have applied to it the seal of the court and be issued to the applicant; and on each copy there shall be endorsed the date and time of filing.
(3) The court shall fix a venue for the hearing of the application and this also shall be endorsed on each copy of the application issued under paragraph (2) of this Rule.
(4) After the application is filed, it is the duty of the applicant to notify the court in writing of the existence of any insolvency proceedings in relation to the company, as soon as the applicant becomes aware of them.
Service of application
8.—(1) In the following paragraphs of this Rule, references to the application are to a copy of the application issued by the court under Rule 7(2) together with the witness statement required by Rule 6 and the documents attached to the application.
(2) Notification for the purposes of section 70(2) of the 2011 Act shall be by way of service in accordance with Rule 10, verified in accordance with Rule 11.
(3) The application shall be served, in addition to those persons referred to in section 70(2) of the 2011 Act—
(a)
(a) on any administrative receiver that has been appointed;
(b)
(b) if there is pending an administration application under Schedule B1 to the 1986 Act, without the modifications made by Schedule 10 to the 2011 Act, on the applicant;
(c)
(c) if there is pending a petition for the winding-up of the company, on the petitioner (and also on the provisional liquidator, if any);
(d)
(d) on any creditor who has served notice in accordance with section 78(1) of the 2011 Act of their intention to enforce their security over property of the company;
(e)
(e) on the person proposed as postal administrator;
(f)
(f) on the company;
(g)
(g) if the applicant is the Secretary of State, on OFCOM;
(h)
(h) if the applicant is OFCOM, on the Secretary of State;
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