The Water Industry (Special Administration) Rules 2009
|Publication Date:||January 01, 2009|
INSOLVENCY, ENGLAND AND WALES
WATER INDUSTRY, ENGLAND AND WALES
COMPANIES, ENGLAND AND WALES
The Water Industry (Special Administration) Rules 2009
3. Definitions and interpretation
4. Application: general
5. Application of Insolvency Rules 1986
6. Forms for use in special administration proceedings
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
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
Conduct of the special administration
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
Disposal of property
37. Disposal of charged property, etc.
38. Abstract of receipts and payments
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.
43. Application of Chapter
44. Venue and notice of creditors' meetings
45. Non-receipt of notice of meeting
46. Who presides at meetings
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
57. Report to creditors
58. Venue and conduct of members' meeting
59. Evidence of proceedings at meeting
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
Court procedure and practice
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
79. Enforcement of court orders
80. Orders enforcing compliance with these Rules
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
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
Persons who lack capacity
97. Children and patients
98. Appeal and review of orders
99. Procedure on appeal
100. Principal court rules and practice to apply
101. Title of proceedings
102. Right of audience
103. Special administrator's solicitor
104. Formal defects
106. Giving of security to the court
107. Payment into court
108. Further information and disclosure
Examination of persons in special administration proceedings
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
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
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.
1.These Rules may be cited as the Water Industry (Special Administration) Rules 2009.
2.These Rules come into force on 1st November 2009.
Definitions and interpretation
(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.
(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
(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
(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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