The Water Industry (Special Administration) Rules 2009

Publication Date:January 01, 2009
 
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2009No.2477

INSOLVENCY, ENGLAND AND WALES

WATER INDUSTRY, ENGLAND AND WALES

COMPANIES, ENGLAND AND WALES

The Water Industry (Special Administration) Rules 2009

8thSeptember2009

14thSeptember2009

1stNovember2009

CONTENTS

PART 1

Introduction

1. Citation

2. Commencement

3. Definitions and interpretation

4. Application: general

5. Application of Insolvency Rules 1986

6. Forms for use in special administration proceedings

PART 2

The petition and the special administration order

7. Form of petition

8. Contents of affidavit

9. Filing of petition

10. Notice to enforcement officer, etc.

11. Service of petition

12. Proof of service

13. Insolvency proceedings brought after petition presented

14. The hearing: right of appearance

15. Form of special administration order

16. Costs of petitioner etc.

17. Notice and advertisement of special administration order

18. Notice of discharge of special administration order

PART 3

The special administrator

19. Special administrator's remuneration

20. Fixing of remuneration by court

21. Remuneration: joint special administrators

22. Remuneration: special administrator a solicitor

23. Resignation of special administrator

24. Special administrator's death in office

25. Order filling vacancy

PART 4

Conduct of the special administration

CHAPTER 1

Statement of affairs and proposals to creditors

26. Meaning of "responsible person"

27. Notice requiring statement of affairs

28. Verification of statement of affairs

29. Filing the statement of affairs

30. Limiting disclosure of statement of affairs

31. Release from obligation or extension of time

32. Expenses of statement of affairs

33. Statement to be annexed to proposals

34. Form of statement of revised proposals

35. Statement if special administration order to be discharged before statement of proposals

36. Notice to members of proposals to creditors

CHAPTER 2

Disposal of property

37. Disposal of charged property, etc.

CHAPTER 3

Accounts

38. Abstract of receipts and payments

CHAPTER 4

Access to documents

39. Confidentiality of documents

40. Right to copy documents

41. Right to have list of creditors

42. False claim of status as creditor or member etc.

PART 5

Meetings

CHAPTER 1

Creditors' meetings

43. Application of Chapter

44. Venue and notice of creditors' meetings

45. Non-receipt of notice of meeting

46. Who presides at meetings

47. Adjournment

48. Entitlement to vote: meetings of creditors

49. Admission and rejection of claims

50. Voting by secured creditors

51. Voting by holders of negotiable instruments

52. Voting by retention of title creditors

53. Voting by creditors under hire-purchase, conditional sale and chattel leasing agreements

54. Quorum at meetings

55. Resolutions

56. Minutes

57. Report to creditors

CHAPTER 2

Members' meetings

58. Venue and conduct of members' meeting

CHAPTER 3

Meetings generally

59. Evidence of proceedings at meeting

PART 6

Proxies and company representation

60. Application of this Part

61. Definition and grant of proxy

62. Issue and use of forms of proxy

63. Use of proxies at meetings

64. Retention of proxies

65. Right of inspection of proxies

66. Proxy-holder with financial interest

67. Company representation

PART 7

Court procedure and practice

CHAPTER 1

Applications

68. Preliminary

69. Interpretation

70. Form and contents of applications

71. Filing and service of applications

72. Hearings without notice

73. Hearing of applications in private

74. Exercise of court's jurisdiction by registrar

75. Use of witness statements

76. Filing and service of witness statements

77. Use of reports

78. Adjournment of hearing: directions

CHAPTER 2

Enforcement

79. Enforcement of court orders

80. Orders enforcing compliance with these Rules

CHAPTER 3

Access to court records

81. CPR rules not to apply

82. Certain persons' right to inspect the court file

83. Right to copy documents

84. Official copies of documents on court file

85. False claim of status as creditor or member

86. Filing of copies of London Gazette notices and advertisements

CHAPTER 4

Costs and detailed assessment

87. Application of the Civil Procedure Rules

88. Costs to be assessed by detailed assessment

89. Procedures for detailed assessment: employees of the special administrator

90. Procedures for detailed assessment: time limit to bring proceedings

91. Costs paid otherwise than out of the assets of the water company

92. Award of costs against special administrator

93. Applications for costs

94. Costs and expenses of witnesses

95. Final costs certificate

96. Replacement of lost or destroyed costs certificate

CHAPTER 5

Persons who lack capacity

97. Children and patients

CHAPTER 6

Appeals

98. Appeal and review of orders

99. Procedure on appeal

CHAPTER 7

General

100. Principal court rules and practice to apply

101. Title of proceedings

102. Right of audience

103. Special administrator's solicitor

104. Formal defects

105. Affidavits

106. Giving of security to the court

107. Payment into court

108. Further information and disclosure

PART 8

Examination of persons in special administration proceedings

109. Application

110. Interpretation

111. Form and contents of application

112. Order for examination, etc.

113. Procedure for examination

114. Recording of proceedings

115. Warrants under section 236 of the Insolvency Act

116. Filing of record of examination

117. Costs of proceedings under section 236 of the Insolvency Act

PART 9

Miscellaneous and general

118. Special administrator's security

119. Power of Secretary of State to regulate certain matters

120. Evidence of orders, directions or certificates issued by Secretary of State or Welsh Ministers

121. Time limits

122. General provisions as to service and notice

123. Service outside the jurisdiction

124. Notice, etc. to solicitors

125. Notice to joint special administrators

126. Notices sent simultaneously to the same person

127. The London Gazette as evidence

128. Punishment of offences

129. Powers of the court and the registrar

SCHEDULE-

Forms

The Lord Chancellor makes these Rules in the exercise the powers under section 411 of the Insolvency Act 1986 1 as applied by sections 23 and 24 of, and Schedule 3 to, the Water Industry Act 1991 2.

These Rules apply rules made under section 411 of the Insolvency Act 1986, with modifications, for the purposes of provision made by sections 23 to 26 of the Water Industry Act 1991 and Schedule 3 to that Act.

As required by section 411 of the Insolvency Act 1986, the Lord Chancellor makes these Rules with the concurrence of the Secretary of State.

PART 1

Introduction

Citation

1.These Rules may be cited as the Water Industry (Special Administration) Rules 2009.

Commencement

2.These Rules come into force on 1st November 2009.

Definitions and interpretation

3.-

(1) In these Rules-

"the Authority" means the Water Services Regulation Authority;

"business day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday in any part of England and Wales;

"the CPR" means the Civil Procedure Rules 1998 3 and "CPR" followed by a Part or rule number means the Part or rule with that number in those Rules;

"court" means the High Court;

"file" means file in court;

"Form WAT" followed by a number means the form with that number in the Schedule;

"the Insolvency Act" means, subject to paragraph (2), the Insolvency Act 1986;

"proxy" has the meaning given in rule 61;

"the registrar" means-

(a) in the case of proceedings in a district registry of the Chancery Division of the High Court, the district judge; and(b) in any other case, a Registrar in Bankruptcy of the High Court;

"solicitor" (except in relation to witnessing an affidavit) includes any person who has, under or pursuant to an enactment, the right to conduct litigation in relation to special administration proceedings;

"special administration order" has the meaning given by section 23 of the Water Industry Act 1991 4;

"special administration proceedings" means proceedings under sections 23 to 25 of, and Schedule 3 to, the Water Industry Act 1991;

"special administrator" has the meaning given in paragraph 12 of Schedule 3 to the Water Industry Act 1991;

"statement of affairs" has the meaning given in section 22 of the Insolvency Act;

"water company" means a relevant undertaker or a qualifying licensed water supplier within the meaning of the Water Industry Act 1991.

(2) A reference to the Insolvency Act or a provision of that Act is a reference to that Act or provision as applied, substituted or modified by sections 23 to 26 of, and Schedule 3 to, the Water Industry Act 1991, construed in accordance with section 249 of the Enterprise Act 2002 5.

(3) A reference to the Insolvency Rules 1986 6 is a reference to those Rules as in force immediately before 15th September 2003.

(4) A reference to the venue for proceedings, for an attendance before the court, or for a meeting, is to the time, date and place for the proceedings, attendance or meeting.

Application: general

4.-

(1) These Rules apply to special administration proceedings that commence, in relation to a water company, on or after the date on which these Rules come into force.

(2) For special administration proceedings that commenced before that date, these Rules apply to steps taken in those proceedings on or after that date.

Application of Insolvency Rules 1986

5.-

(1) These Rules apply the Insolvency Rules 1986, with modifications.

(2) Except as provided for in these Rules, nothing in the Insolvency Rules 1986 applies to-

(a) special administration proceedings commenced, in relation to a water company, on or after the date on which these Rules come into force; or(b) any step taken on or after that date in special administration proceedings that commenced before that date.

Forms for use in special administration proceedings

6.-

(1) The forms in the Schedule must be used in, and in connection with, special administration proceedings.

(2) A form may be used with any variations that the circumstances...

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