Introductory Text
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
Signature
SCHEDULE
Forms
Explanatory Note