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PART 10 INTERPRETATION AND APPLICATION

Introductory

115.  This Part of these Rules has effect for their interpretation and application; and any definition given in this Part applies except in so far as the context otherwise requires.

“The court”; “the registrar”

116.—(1) Anything to be done in PPP administration proceedings by, to or before the court may be done by, to or before a judge or the registrar.

(2) The registrar may authorise any act of a formal or administrative character which is not by statute his responsibility to be carried out by the chief clerk or any other officer of the court acting on his behalf, in accordance with directions given by the Lord Chancellor.

(3) In PPP administration proceedings, “the registrar” means—

(a) where the proceedings are in the District Registry of Birmingham, Bristol, Caernarfon, Cardiff, Leeds, Liverpool, Manchester, Mold, Newcastle-upon-Tyne or Preston, the District Judge; and

(b) in all other cases, a Registrar in Bankruptcy of the High Court.

“Give notice” etc.

117.—(1) A reference in these Rules to giving notice means that the notice may be sent by post or by any means of electronic communication that is received, or readily accessible by the person to whom it is sent, in legible form.

(2) A reference in these Rules to delivering, sending or serving any document means that the document may be sent by post, unless under a particular rule personal service is expressly required.

(3) Personal service of a document is permissible in all cases.

(4) Notice of the venue fixed for an application may be given by service of the sealed copy of the application under rule 41(3).

Notice, etc. to solicitors

118.  Where in PPP administration proceedings a notice or other document is required or authorised to be given to a person, it may, if he has indicated that his solicitor is authorised to accept service on his behalf, be given instead to the solicitor.

Notice to joint special PPP administrators

119.  Where 2 or more persons are acting jointly as the special PPP administrator in any proceedings, delivery of a document to one of them is to be treated as delivery to them all.

“Petition”

120.  “Petition” means a petition for a PPP administration order to be made in relation to a PPP company.

“Venue”

121.  References to the “venue” for any proceedings or attendance before the court, or for a meeting, are to the time, date and place for the proceedings, attendance or meeting.

“PPP administration proceedings”

122.  “PPP administration proceedings” means any proceedings under sections 220 to 224 of, and Schedule 14 to, the 1999 Act.

“The appropriate fee”

123.  “The appropriate fee” means 15 pence per A4 or A5 page and 30 pence per A3 page.

Expressions used generally

124.—(1) “File in court” means deliver to the court for filing.

(2) “The Gazette” means The London Gazette.

(3) “Business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain under or by virtue of the Banking and Financial Dealings Act 1971(19).

Application and transitional provision

125.—(1) These Rules apply to PPP administration proceedings which—

(a) commenced on or after the date on which these Rules come into force; or

(b) commenced before that date but which are still in progress on that date, insofar as anything falling to be done under these Rules can be done under them on or after that date.

(2) Except as provided for in these Rules, nothing contained in the Insolvency Rules shall apply to such proceedings.

(3) Where, in relation to PPP administration proceedings to which paragraph (1)(b) applies, an act has been performed before the date on which these Rules come into force which, had it been performed on or after that date, would satisfy a requirement of these Rules, that act may be taken to satisfy that requirement.

Rule 100

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