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(1) These Rules may be cited as the Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025.
(2) These Rules—
(a) come into force 21 days after the date on which they are laid;
(b) extend to England and Wales.
(1) These Rules apply in relation to a T&S company which the courts in England and Wales have jurisdiction to wind up.
(2) Save where there is express provision to the contrary, the Insolvency Rules do not apply to proceedings to which these Rules apply.
(1) In these Rules—
“ the 1986 Act ” means the Insolvency Act 1986;
“ the 2004 Act ” means the Energy Act 2004;
“ the 2023 Act ” means the Energy Act 2023;
“authenticated” is to be interpreted in accordance with rule 157;
“ business day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under or by virtue of the Banking and Financial Dealings Act 1971 ;
“ contributory ” has the same meaning as in section 79 of the 1986 Act ;
“ CPR ” means the Civil Procedure Rules 1998 ;
“deliver” is to be interpreted in accordance with Chapter 1 of Part 13;
“delivery” is to be interpreted in accordance with Chapter 1 of Part 13;
“ District Judge of the High Court ” means a District Judge sitting in an assigned district registry as a District Judge of the High Court under section 100 of the Senior Courts Act 1981 ;
“ enforcement agent ” means a person who is able to act in accordance with section 63(2) of the Tribunals, Courts and Enforcement Act 2007 as an enforcement agent;
“ enforcement officer ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003 ;
“ file with the court ” means deliver to the court for filing;
“ the Gazette ” means the London Gazette;
“ gazetted ” means advertised once in the London Gazette;
“ High Court Judge ” means a Judge referred to in section 4(1) of the Senior Courts Act 1981 ;
“ Insolvency and Companies Court Judge ” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981 ;
“ insolvency proceedings ” means any proceedings under the 1986 Act or the Insolvency Rules;
“ the Insolvency Rules ” means the Insolvency (England and Wales) Rules 2016 ;
“ IP number ” means the number assigned to a person as an insolvency practitioner by the Secretary of State;
“joint T&S administrator” means a person appointed to act jointly or concurrently as T&S administrator of a T&S company;
“ practice direction ” means a direction as to the practice and procedure of any court within the scope of the CPR;
“ prescribed part ” has the same meaning as in section 176A(2) of the 1986 Act ;
“pre-T&S administration costs” means, in relation to a T&S company in respect of which a T&S administration order has been made, those fees charged and expenses incurred—
by the T&S administrator, or another person qualified to act as an insolvency practitioner,
prior to the making of the T&S administration order; and
with a view to the making of the T&S administration order;
“ proof ”, in relation to a debt, has the meaning given in rule 44(2);
“ proving ”, in relation to a debt, has the meaning given in rule 44(2);
“ qualified to act as an insolvency practitioner ” has the meaning given by Part 13 of the 1986 Act;
“qualifying floating charge” is to be interpreted in accordance with paragraph 14(2) of Schedule B1 to the 1986 Act ;
“ registrar of companies ” means the registrar of companies for England and Wales;
“T&S administration” means administration entered into pursuant to the making of a T&S administration order ;
“T&S administration proceedings” means any proceedings under—
sections 156 to 167 of, and Schedules 20 and 21 to, the 2004 Act ;
Chapter 4 of Part 1 of the 2023 Act;
these Rules;
“serve” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13;
“service” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13;
“ solicitor ” means a solicitor of the Senior Courts and includes any other person who, for the purposes of the Legal Services Act 2007 (“ the 2007 Act ”) is—
an authorised person in relation to an activity which constitutes the conduct of litigation within the meaning of the 2007 Act, or
exempt from such authorisation by virtue of section 19 of, and Schedule 3 to, the 2007 Act ;
“ the standard fee ” means—
15 pence per A4 or A5 page;
30 pence per A3 page;
“ statement of proposals ” has the meaning given in rule 21;
“ statement of truth ” means a statement of truth made in accordance with CPR Part 22 ;
“ unpaid ” means, in relation to pre-T&S administration costs relating to a T&S company that is subject to a T&S administration order, any such costs that remain unpaid on the making of that order;
“ venue ” means, in relation to proceedings, attendance before court or meeting, the—
time, date, and place for the proceedings, attendance or meeting;
where a meeting is held in accordance with section 246A of the 1986 Act without any place being specified for it, the time and date of the meeting;
“ witness statement ” means a witness statement made in accordance with CPR Part 32 and verified by a statement of truth.
(2) If a provision of the 1986 Act referred to in these Rules has been modified by Schedule 20 to the 2004 Act (as applied and modified by the 2023 Act), that reference is to the provision of the 1986 Act as so modified.
(3) References to provisions of the 2004 Act are, where those provisions have been applied and modified by the 2023 Act, references to those provisions as so modified.
(1) In these Rules “ debt ” means (subject to paragraph (2)) any of the following—
(a) any debt or liability to which a T&S company is subject at the date on which it entered T&S company administration;
(b) any debt or liability to which that company may become subject after that date by reason of any obligation incurred before that date;
(c) any interest provable as mentioned in rule 58(1).
(2) For the purpose of any provision of the 1986 Act, sections 154 to 171 of and Schedule 20 and 21 to the 2004 Act , the 2023 Act, or these Rules, any liability in tort is a debt provable in a T&S company administration if either—
(a) the cause of action has accrued at the date on which the T&S administration order is made, or
(b) all the elements necessary to establish the cause of action exist at that date except for actionable damage.
(3) For the purposes of references in any provision of the 1986 Act, sections 154 to 171 of and Schedules 20 and 21 to the 2004 Act, the 2023 Act or these Rules, to a debt or liability, it is immaterial whether the debt or liability is present or future, whether it is certain or contingent, or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in any such provision to owing a debt are to be read accordingly.
(4) In any provision of the 1986 Act, sections 154 to 171 of and Schedules 20 and 21 to the 2004 Act, or these Rules, except in so far as the context otherwise requires, “ liability ” means (subject to paragraph (2)) a liability to pay money or money’s worth, including any liability under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution.
(1) An application for a T&S administration order must—
(a) be headed “T&S company administration application”;
(b) include, immediately below the heading, the full name, registered address, registered number and any other trading names of the T&S company to which the application relates;
(c) state by whom it is made and the applicant’s address for service.
(2) Where the application is made by the Gas and Electricity Markets Authority, it must contain a statement that it is made with the consent of the Secretary of State.
(3) An application for a T&S administration order must state—
(a) in relation to the company that is the subject of the application—
(i) its nominal capital,
(ii) the number of shares into which that capital is divided
(iii) the nominal value of each of those shares;
(iv) the amount of that capital paid up or treated as paid up;
(b) the name and address of the proposed T&S administrator;
(c) that—
(i) the applicant believes, for the reasons set out in the witness statement in support of the application, that the company in respect of which the application is made is, or is likely to become, unable to pay its debts, or
(ii) the Secretary of State has certified that it would be appropriate to present a petition for the winding up of the company under section 124A of the 1986 Act ;
(d) that the applicant requests the court—
(i) to make a T&S administration order in relation to the company,
(ii) to appoint the proposed person to be the T&S administrator, and
(iii) to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate.
(4) The application must be—
(a) authenticated by the applicant, or the applicant’s solicitor, and
(b) dated.
(1) References in this Part to a “statement and consent to act” are to a statement by a proposed T&S administrator which complies with the requirements of paragraphs (2) to (4).
(2) The statement must—
(a) be headed “Proposed T&S administrator’s statement and consent to act”;
(b) include, immediately below the heading, the full name, registered address, registered number and any other trading names of the T&S company.
(3) The statement must contain the following—
(a) a certificate that the proposed T&S administrator is qualified to act as an insolvency practitioner in relation to the company;
(b) the proposed T&S administrator’s IP number;
(c) the name of the relevant recognised professional body which is the source of the proposed T&S administrator’s authorisation to act in relation to the company;
(d) a statement that the proposed T&S administrator consents to act as the T&S administrator of the T&S company;
(e) a statement whether or not the proposed T&S administrator has had any prior professional relationship with the company and, if so, a short summary of that relationship;
(f) the name of the applicant;
(g) a statement that the proposed T&S administrator is of the opinion that the objective of the T&S company administration is reasonably likely to be achieved in the particular case.
(4) The statement must be authenticated and dated by the proposed T&S administrator.
(5) Where it is proposed to appoint joint T&S administrators, each of them must provide a separate statement and consent to act.
(1) An application for a T&S administration order must be accompanied by a witness statement which complies with paragraphs (2) and (3).
(2) The witness statement must state—
(a) the nature of the authority of the person making it, and
(b) the means of that person’s knowledge of the matters to which the witness statement relates.
(3) The witness statement must set out the following—
(a) the financial position of the T&S company, specifying, to the best of the applicant’s knowledge and belief, its assets and liabilities, including contingent and prospective liabilities;
(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 of Schedule B1 to the 1986 Act;
(c) if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, a statement that this is the case;
(d) if an administrative receiver has been appointed, a statement that this is the case;
(e) 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 known to the applicant;
(f) details of any notice served in accordance with section 164 of the 2004 Act by any person intending to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant;
(g) details of any step taken to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant;
(h) 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;
(i) where it is intended to appoint a number of persons as T&S administrators, details of the matters set out in section 158(5) of the 2004 Act regarding the exercise of the powers and duties of the T&S administrator;
(j) any other matters which, in the opinion of those intending to make the application for a T&S administration order, will assist the court in deciding whether to make such an order, so far as within the knowledge or belief of the applicant.
(1) An application for a T&S administration order must be commenced in the High Court.
(2) The application must be filed with the court together with—
(a) the witness statement in support (see rule 7);
(b) the proposed T&S administrator’s statement and consent to act (see rule 6).
(3) An application filed with the court in hard copy must be accompanied by a sufficient number of copies of the application and the witness statement for service in accordance with rule 9.
(4) The court must fix a venue for the hearing of the application.
(5) Each copy of the application filed with the court must—
(a) have applied to it the seal of the court;
(b) be endorsed with—
(i) the date and time of filing;
(ii) the venue fixed by the court;
(c) be delivered by the court to the applicant.
(6) After the application has been filed and until an order is made, it is the duty of the applicant to file with the court notice of the existence of any insolvency proceedings in relation to the company, as soon as the applicant becomes aware of them.
(1) In paragraphs (2) to (4), references to the application are to a copy of the application delivered by the court to the applicant under rule 8(5)(c) and the witness statement required by rule 7(1).
(2) Notification for the purposes of section 156(2) of the 2004 Act must be by service of the application.
(3) In addition to those persons referred to in section 156(2) of the 2004 Act, the applicant must serve the application—
(a) on the person proposed as T&S administrator;
(b) on the T&S company;
(c) if an administrative receiver has been appointed, on the administrative receiver;
(d) if there is pending an administration application under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, on the applicant;
(e) if there is pending a petition for the winding up of the company, on—
(i) the petitioner, and
(ii) any provisional liquidator;
(f) if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person;
(g) if a supervisor of a voluntary arrangement under Part 1 of the 1986 Act has been appointed, on that person;
(h) on any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over property of the company;
(i) on the Health and Safety Executive;
(j) on the Oil and Gas Authority;
(k) if the applicant is the Secretary of State, on the Gas and Electricity Markets Authority;
(l) if the applicant is the Gas and Electricity Markets Authority, the Secretary of State.
(4) A certificate of service which complies with the requirements in rule 162 must be filed with the court as soon as reasonably practicable after service, and, in any event, no later than the business day before the hearing of the application.
The applicant must as soon as reasonably practicable after filing the application deliver a notice of it being made to—
(a) any enforcement agent, enforcement officer or other officer who to the applicant’s knowledge is charged with distress or other legal process against the company or its property;
(b) any person who to the applicant’s knowledge has distrained against the company or its property.
(1) At the hearing of the application, any of the following may appear or be represented—
(a) any proposed T&S administrator;
(b) the company;
(c) the Secretary of State;
(d) the Gas and Electricity Markets Authority;
(e) one or more of the directors of the company;
(f) any person that is the holder of a qualifying floating charge;
(g) if an administrative receiver has been appointed, that person;
(h) any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act;
(i) any person who has presented a petition for the winding up of the company;
(j) if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person;
(k) any supervisor of a voluntary arrangement under Part 1 of the 1986 Act;
(l) any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over the property of the company;
(m) with the permission of the court, any other person who appears to have an interest justifying the person’s appearance.
(2) Where the court makes a T&S administration order in relation to a T&S company, the order must—
(a) be headed “Carbon dioxide transport and storage company administration order”;
(b) include—
(i) the full name, registered address, registered number and any other trading names of the company;
(ii) details of the court where the proceedings are and the court reference number, and
(c) set out each matter specified in paragraph (3) and, where applicable, paragraph (4).
(3) The matters are—
(a) the name and title of the Judge making the order;
(b) the address for service of the applicant;
(c) details of any other parties, including the T&S company, appearing and, where applicable, by whom each such party is represented;
(d) an order that during the period the order is in force the affairs, business and property of the company are to be managed by the T&S administrator;
(e) the name of the person appointed as T&S administrator;
(f) an order that the person is appointed as T&S administrator of the company;
(g) the date of the order, and, if the court so directs, the time;
(h) such other provisions, if any, as the court thinks just.
(4) Where joint T&S administrators are appointed, the order must also specify—
(a) which functions, if any, are to be exercised by those persons acting jointly, and
(b) which functions, if any, are to be exercised by any or all of those persons.
(5) If the court makes a T&S administration order, the costs of the applicant, and of any other persons whose costs are allowed by the court, are payable as an expense of the T&S administration.
(1) If the court makes a T&S administration order, it must, as soon as reasonably practicable, deliver two sealed copies of the order to the person who made the application.
(2) The applicant must deliver as soon as reasonably practicable—
(a) a sealed copy of the order to the person appointed as T&S administrator;
(b) if joint T&S administrators have been appointed, a sealed copy to one and a copy of the sealed copy to any other T&S administrator so appointed.
(3) If the court makes an order under section 157(1)(d) of the 2004 Act or any other order under section 157(1)(f) of the 2004 Act, it must give directions as to the persons to whom, and how, notice of that order is to be delivered.
(1) A T&S administrator must, as soon as reasonably practicable after the date of the making of a T&S administration order, deliver a notice of the T&S administrator’s appointment—
(a) if the application for the T&S administration order was made by the Secretary of State, to the Gas and Electricity Markets Authority;
(b) if the application for the T&S administration order was made by the Gas and Electricity Markets Authority, to the Secretary of State;
(c) to any holder of a qualifying floating charge who, to the T&S administrator’s knowledge, has served notice in accordance with section 163 of the 2004 Act that the person is seeking to appoint an administrator;
(d) if a receiver or an administrative receiver has been appointed, to that person;
(e) to any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, in relation to the company;
(f) if there is pending a petition for the winding up of the company, to the petitioner and also to the provisional liquidator, if any;
(g) if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person;
(h) to any supervisor of a voluntary arrangement under Part 1 of the 1986 Act;
(i) to any creditor who, to the T&S administrator’s knowledge, has served notice in accordance with section 164 of the 2004 Act of that person’s intention to enforce that person’s security over the property of the company;
(j) to any enforcement agent, enforcement officer or other officer who, to the T&S administrator’s knowledge, is charged with distress or other legal process against the company or its property;
(k) to any person who, to the T&S administrator’s knowledge, has distrained against the company or its property;
(l) to the Health and Safety Executive;
(m) to the Oil and Gas Authority.
(2) The notice of appointment must state the following—
(a) that a T&S administrator has been appointed;
(b) the date of the appointment.
(3) The T&S administrator—
(a) must, as soon as reasonably practicable after the making of the T&S administration order, gazette the notice of their appointment; and
(b) may advertise the notice of appointment in such other manner as the T&S administrator thinks fit.
(4) Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the T&S administrator is required to deliver a notice of their appointment to any person, the notice must—
(a) be headed “Notice of T&S administrator’s appointment”,
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the company in respect of which the T&S administration order has been made;
(ii) details of the court where the proceedings are and the court reference number,
(c) contain a statement identifying the person appointed as T&S administrator, including their full name, address and IP number;
(5) The notice must be authenticated and dated by the T&S administrator.
(1) In this Part—
(a) “ nominated person ” means any person to whom a notice is delivered in accordance with paragraph (2);
(b) “ relevant person ” has the meaning given to it in paragraph 47(3) of Schedule B1 to the 1986 Act.
(2) A requirement under paragraph 47(1) of Schedule B1 to the 1986 Act for one or more relevant persons to provide the T&S administrator with a statement of the affairs of the company must be made by a notice delivered to each such person.
(3) The notice must—
(a) be headed “Notice requiring statement of affairs”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the company;
(ii) details of the court where the proceedings are and the court reference number;
(c) require each nominated person to prepare and submit to the T&S administrator a statement of affairs of the company;
(d) inform each nominated person of—
(i) the names and addresses of all others, if any, to whom the same notice has been delivered;
(ii) the requirement to deliver the statement of affairs to the T&S administrator no later than the period of 11 days beginning with the day on which the notice is received;
(iii) the effect of paragraph 48(4) of Schedule B1 to the 1986 Act (offence of non-compliance) and section 235 of the 1986 Act (duty to co-operate with the T&S administrator).
(4) The T&S administrator must inform each nominated person that a document for the preparation of the statement of affairs capable of completion in compliance with rule 15 will be supplied if requested.
(5) The nominated person, or one of them, if more than one, must deliver the statement of affairs to the T&S administrator with the statement of truth required by paragraph 47(2)(a) of Schedule B1 to the 1986 Act and a copy of each statement.
(1) The statement of affairs must—
(a) be headed “Statement of affairs”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the company;
(ii) details of the court where the proceedings are and the court reference number;
(c) state that it is a statement of affairs of the company on the date on which it entered T&S administration.
(2) The statement of affairs must contain, in addition to the matters required by paragraph 47(2) of Schedule B1 to the 1986 Act, the following—
(a) a summary of the assets of the company, setting out the book value and estimated realisable value of—
(i) any assets subject to a fixed charge;
(ii) any assets subject to a floating charge;
(iii) any uncharged assets;
(iv) the total value of all the assets available for preferential creditors;
(b) a summary of the liabilities of the company, setting out—
(i) the amount of preferential debts;
(ii) an estimate of the deficiency with respect to preferential debts or the surplus available after paying the preferential debts;
(iii) if applicable, an estimate of the prescribed part;
(iv) the amount of debt secured by floating charges;
(v) an estimate of the total assets available to pay debts secured by floating charges;
(vi) an estimate of the deficiency with respect to debts secured by floating charges or the surplus available after paying the debts secured by fixed or floating charges;
(vii) the amount of unsecured debts, excluding preferential debts;
(viii) an estimate of the deficiency with respect to unsecured debts or the surplus available after paying unsecured debts;
(ix) any issued and called-up capital;
(x) an estimate of the deficiency with respect to, or surplus available to, members of the company;
(c) a list of the company’s creditors, with the further information required by paragraph (3) and indicating—
(i) any creditors under hire-purchase, chattel leasing or conditional sale agreements;
(ii) any creditors claiming retention of title over property in the company’s possession;
(d) the name and address of each member of the company and the number, nominal value and other details of the shares held by each member.
(3) The list of creditors required by paragraph 47(2) of Schedule B1 to the 1986 Act and paragraph (2)(c) of this rule must contain the following information, unless paragraph (4) applies—
(a) the name and postal address of the creditor;
(b) the amount of the debt owed to the creditor;
(c) details of any security held by the creditor;
(d) the date on which any such security was given;
(e) the value of any such security.
(4) This paragraph applies in respect of any creditor who is an employee or former employee of the company (an “employee and former employee creditor”).
(5) Where paragraph (4) applies, the statement of affairs must—
(a) state the number of employee and former employee creditors and the total amount of debts owed to them;
(b) set out in a separate schedule the information required by paragraph (3)(a) to (e) in respect of each employee and former employee creditor.
(1) The T&S administrator may require a relevant person to deliver to the T&S administrator a statement of concurrence.
(2) A statement of concurrence is a statement, verified by a statement of truth, that that person concurs in the statement of affairs submitted by a nominated person.
(3) The T&S administrator must inform the nominated person that the relevant person mentioned in paragraph (1) has been required to deliver a statement of concurrence.
(4) The nominated person must deliver a copy of the statement of affairs to every relevant person who has been required to submit a statement of concurrence.
(5) The relevant person must deliver the required statement of concurrence together with a copy to the T&S administrator before the end of the period of five business days, or such other period as the T&S administrator may agree, beginning with the day on which the relevant person receives the statement of affairs.
(6) A statement of concurrence must—
(a) be headed “Statement of concurrence”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the company;
(ii) details of the court where the proceedings are and the court reference number.
(7) A statement of concurrence may be qualified in relation to matters dealt with in the statement of affairs where the person making the statement of concurrence—
(a) is not in agreement with the statement of affairs,
(b) considers the statement of affairs to be erroneous or misleading, or
(c) is without the direct knowledge necessary for concurring with it.
(1) The T&S administrator must as soon as reasonably practicable deliver to the registrar of companies a copy of the statement of affairs and any statement of concurrence (subject to rule 18).
(2) But the T&S administrator must not deliver to the registrar of companies the schedule to a statement of affairs required by rule 15(5)(b).
(1) Paragraph (2) applies where the T&S administrator thinks that the disclosure of the whole or part of a statement of affairs or statement of concurrence (as the case may be)—
(a) would prejudice the conduct of the T&S administration, or
(b) might reasonably be expected to lead to violence against any person.
(2) The T&S administrator may apply to court in respect of the statement of affairs or the statement of concurrence or any part of either such statement.
(3) The court may, on an application under paragraph (2), order that the whole of, or a specified part of, a statement referred to in paragraph (1) must not be delivered to the registrar of companies.
(4) On the making of an order under paragraph (3), the T&S administrator must as soon as reasonably practicable deliver to the registrar of companies—
(a) a copy of the order;
(b) the statement of affairs or statement of concurrence or both to the extent provided by the order.
(5) A creditor may apply to the court for an order that the T&S administrator disclose any statement or specified part of any statement in relation to which an order has been made under paragraph (3).
(6) An application under paragraph (5) must be supported by a witness statement.
(7) An applicant under paragraph (5) must deliver to the T&S administrator notice of the application at least three business days before the hearing.
(8) The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just.
(9) If there is a material change in circumstances rendering an order under paragraph (3) wholly or partially unnecessary, the T&S administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended.
(10) The T&S administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the registrar of companies a copy of the statement of affairs and any statement of concurrence to the extent provided by the order.
(11) If, after the T&S administrator has sent a statement of proposals under paragraph 49 of Schedule B1 to the 1986 Act, a statement of affairs is delivered to the registrar of companies in accordance with paragraph (10), the T&S administrator must deliver to the creditors a copy or summary of the statement of affairs as delivered to the registrar of companies.
(12) The provisions of CPR Part 31 and practice direction 57AD do not apply to any application under this rule .
(1) The power of the T&S administrator under paragraph 48(2) of Schedule B1 to the 1986 Act to revoke a requirement to provide a statement of affairs, or to extend the period within which it must be submitted, may be exercised by the T&S administrator—
(a) at the T&S administrator’s own discretion, or
(b) at the request of a nominated person.
(2) The nominated person may apply to the court if the T&S administrator refuses that person’s request for a revocation or extension.
(3) The court may, if it thinks that no sufficient cause is shown for the application, dismiss it without giving notice to any party other than the applicant.
(4) If the application is not dismissed, the court must fix a venue for it to be heard, and give notice to the applicant accordingly.
(5) The applicant must, at least 14 days before the hearing, deliver to the T&S administrator a notice stating the venue with a copy of the application and of any evidence on which the applicant intends to rely.
(6) The T&S administrator may appear and be heard on the application.
(7) Whether or not the T&S administrator appears, the T&S administrator may file a report of any matters which the T&S administrator considers ought to be drawn to the court’s attention.
(8) If such a report is filed, the T&S administrator must deliver a copy of it to the applicant not less than five business days before the date fixed for the hearing.
(9) Sealed copies of any order made on the application must be delivered by the court to the applicant and the T&S administrator.
(10) On an application under this rule, the applicant’s costs must be paid by the applicant in any event, but the court may order that an allowance of all or part of them may be payable as an expense of the T&S administration.
(1) The following expenses must be paid by the T&S administrator as an expense of the T&S administration—
(a) the expenses of a nominated person which the T&S administrator considers to have been reasonably incurred in making a statement of affairs;
(b) the expenses of a relevant person which the T&S administrator considers to have been reasonably incurred in making a statement of concurrence.
(2) A decision by the T&S administrator that expenses were not reasonably incurred for the purposes of paragraph (1) may be appealed by way of an application to the court.
(3) Nothing in this rule relieves a nominated person or relevant person of any obligation with respect to the making and delivery of a statement of affairs or statement of concurrence.
(1) This rule applies to the statement the T&S administrator is required to make under paragraph 49 of Schedule B1 to the 1986 Act (“the statement of proposals”).
(2) The statement of proposals must include (in addition to those matters set out in paragraph 49 of Schedule B1 to the 1986 Act) the following—
(a) the full name, registered address, registered number and any other trading names of the T&S company;
(b) details of the court where the proceedings are and the court reference number;
(c) details relating to the T&S administrator’s appointment, including—
(i) the date of appointment;
(ii) whether the application was made by the Secretary of State or the Gas and Electricity Markets Authority;
(iii) where there are joint T&S administrators, details of the matters set out in section 158(5) of the 2004 Act;
(d) the names of the directors and secretary of the T&S company and details of any shareholdings in the T&S company they may have;
(e) an account of the circumstances giving rise to the appointment of the T&S administrator;
(f) if a statement of affairs has been submitted—
(i) a copy or summary of it, except so far as an order under rule 18 limits disclosure of it, and excluding any schedule referred to in rule 15(5)(b), or the particulars relating to individual creditors contained in any such schedule;
(ii) details of who provided the statement of affairs;
(iii) any comments which the T&S administrator may have upon the statement of affairs;
(g) if an order under rule 18 (limited disclosure) has been made—
(i) a statement of that fact;
(ii) the date of the order;
(h) if no statement of affairs has been submitted—
(i) details of the financial position of the T&S company at the latest practicable date (which must, unless the court orders otherwise, be a date not earlier than that on which the T&S company entered T&S administration);
(ii) an explanation as to why there is no statement of affairs;
(i) a full list of the company’s creditors in accordance with paragraph (3), if either—
(i) no statement of affairs has been submitted, or
(ii) a statement of affairs has been submitted but it does not include such a list, or the T&S administrator believes the list included is less than full;
(j) except where the T&S administrator proposes a voluntary arrangement in relation to the T&S company and subject to paragraph (7)—
(i) to the best of the T&S administrator’s knowledge and belief—
(aa) an estimate of the value of the prescribed part (whether or not the T&S administrator proposes to make an application to court under section 176A(5) of the 1986 Act or section 176A(3) of the 1986 Act applies);
(bb) an estimate of the value of the T&S company’s net property as defined in section 176A(6) of the 1986 Act;
(ii) a statement whether the T&S administrator proposes to make an application to the court under section 176A(5) of the 1986 Act and if so the reason for the application;
(k) a statement of any pre-T&S administration costs charged or incurred by the T&S administrator or, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (see rule 22);
(l) a statement of how it is envisaged the objective of the T&S administration will be achieved and how it is proposed that the T&S administration will end;
(m) the manner in which the affairs and business of the T&S company—
(i) have, since the date of the T&S administrator’s appointment, been managed and financed, including where any assets have been disposed of, the reasons for such disposals and the terms upon which such disposals were made;
(ii) will continue to be managed and financed;
(n) such other information (if any) as the T&S administrator thinks necessary.
(3) Subject to paragraphs (4) and (5), the list of creditors required by paragraph (2)(i) must contain the following particulars—
(a) the name and postal address of the creditor;
(b) the amount of the debt owed to the creditor;
(c) details of any security held by the creditor;
(d) the date on which any such security was given;
(e) the value of any such security.
(4) This paragraph applies in respect of any creditor who is an employee or former employee of the T&S company (an “employee and former employee creditor”).
(5) Where paragraph (4) applies, the list of creditors required by paragraph (2)(i) must—
(a) state the number of employee and former employee creditors and the total amount of debts owed to them;
(b) set out in a separate schedule the information required by paragraph (3)(a) to (e) in respect of each employee and former employee creditor.
(6) Where paragraph (4) applies, the T&S administrator must not deliver the schedule referred to in paragraph (5)(b) to the registrar of companies with the statement of proposals.
(7) The T&S administrator may exclude from an estimate under paragraph (2)(j) information the disclosure of which could seriously prejudice the commercial interests of the company, and, if such information is so excluded, the estimate must be accompanied by a statement to that effect.
(8) Paragraph (9) applies where it is proposed that the T&S administration will end by the T&S company moving to a creditors’ voluntary liquidation.
(9) Where this paragraph applies the statement required by paragraph (2)(l) must include the following—
(a) details of the proposed liquidator;
(b) where applicable, the declaration required by section 231 of the 1986 Act ;
(c) a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 to the 1986 Act and rule 89(4).
A statement of pre-T&S administration costs (the “costs”) under rule 21(2)(k) must include the following—
(a) details of any agreement under which the fees were charged and expenses incurred, including the parties to the agreement and the date on which the agreement was made;
(b) details of the work done for which the fees were charged and expenses incurred;
(c) an explanation of why the work was done before the T&S company entered T&S administration and how it had been intended to further the achievement of the objective of the T&S administration;
(d) a statement of the amount of the costs, setting out separately—
(i) the fees charged by the T&S administrator;
(ii) the expenses incurred by the T&S administrator;
(iii) the fees charged, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (and, if more than one, by each separately);
(iv) the expenses incurred, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (and, if more than one, by each separately);
(e) a statement of the costs which have already been paid, set out separately as under paragraph (d)(i) to (iv);
(f) the identity of the person who made the payment or, if more than one person made the payment, the identity of each such person and of the amounts paid by each such person, set out separately as under paragraph (d)(i) to (iv);
(g) a statement of the amounts of the costs which have not been paid, set out separately as under paragraph (d)(i) to (iv);
(h) a statement that the payment of unpaid costs as an expense of the T&S administration is subject to approval under rule 43.
(1) Paragraph (2) applies where the court orders, on an application by the T&S administrator under paragraph 107 of Schedule B1 to the 1986 Act, an extension of the period in paragraph 49(5) of Schedule B1 to the 1986 Act for delivering copies of the statement of proposals.
(2) As soon as reasonably practicable after the making of the order, the T&S administrator must—
(a) deliver a notice of the extension to every creditor of the T&S company and every member of the T&S company of whose address (in either case) the T&S administrator is aware, and
(b) deliver a copy of the notice of the extension to the registrar of companies.
(3) The notice mentioned in paragraph (2) must—
(a) be headed “Notice of extension of time period”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the T&S company;
(ii) details of the court where the proceedings are and the court reference number;
(c) state the date to which the court has ordered an extension.
(4) Where the T&S administrator wishes to publish a notice under paragraph 49(6) of Schedule B1 to the 1986 Act, the notice must—
(a) be advertised in such manner as the T&S administrator thinks fit;
(b) be published as soon as reasonably practicable after the T&S administrator has delivered the statement of proposals to the T&S company’s creditors but no later than 8 weeks, or such other period as may be agreed by the creditors or as the court may order, from the date on which the T&S company entered T&S administration.
(1) If the T&S administrator thinks that it would prejudice the conduct of the T&S administration or might reasonably be expected to lead to violence against any person for any of the matters specified in rule 21(2)(h) and (i) to be disclosed, the T&S administrator may apply to the court for an order in relation to any specified part of the statement of proposals.
(2) The court may, on an application under paragraph (1), order that some or all of the specified part of the statement must not be delivered to—
(a) the registrar of companies, or
(b) creditors or members of the T&S company.
(3) On the making of an order under paragraph (2), the T&S administrator must as soon as reasonably practicable deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act—
(a) the statement of proposals (to the extent provided by the order);
(b) an indication of the nature of the matter in relation to which the order was made.
(4) The T&S administrator must also deliver a copy of the order to the registrar of companies.
(5) A creditor may apply to the court for an order that the T&S administrator disclose any part of a statement of proposals in relation to which an order has been made under paragraph (2).
(6) The application under paragraph (5) must be supported by a witness statement.
(7) The applicant must deliver to the T&S administrator notice of the application under paragraph (5) at least three business days before the hearing.
(8) The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just.
(9) If there is a material change in circumstances rendering an order under paragraph (2) wholly or partially unnecessary, the T&S administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended.
(10) The T&S administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act—
(a) a copy of the statement of proposals to the extent provided by the order;
(b) an indication of the nature of the matter in relation to which the order was made.
(11) The provisions of CPR Part 31 and practice direction 57AD do not apply to any application under this rule.
(1) Where paragraph 54(2) of Schedule B1 to the 1986 Act applies, the T&S administrator must, as soon as reasonably practicable—
(a) make a statement setting out the revisions to the T&S administrator’s proposals;
(b) send the statement to all those to whom the T&S administrator is required to send a copy of the revised proposals (see paragraph 54(2)(b) and (c)).
(2) The statement of revised proposals must—
(a) be headed “Statement of T&S administrator’s revised proposals”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the T&S company;
(ii) details of the court where the proceedings are and the court reference number.
(3) The statement of revised proposals must include the following—
(a) details relating to the T&S administrator’s appointment, including the date of appointment and whether the T&S administration application was made by the Secretary of State or the Gas and Electricity Markets Authority;
(b) the names of the directors and secretary of the T&S company and details of any shareholdings in the T&S company they may have;
(c) a summary of the original proposals and the reasons for the revision;
(d) details of the revision including details of the T&S administrator’s assessment of the likely impact of the revision upon creditors generally or upon each class of creditors;
(e) where the revision relates to the ending of the T&S administration by a creditors’ voluntary liquidation and the nomination of a person to be the proposed liquidator of the T&S company—
(i) details of the proposed liquidator;
(ii) where applicable, the declaration required by section 231 of the 1986 Act;
(iii) a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 to the 1986 Act and rule 89(4);
(f) any other information that the T&S administrator thinks necessary.
(4) The period within which, subject to paragraph 54(3) of Schedule B1 to the 1986 Act, the administrator must send a copy of the statement to every member of the company of whose address the administrator is aware is five business days after sending the statement of the proposed revision to the creditors.
(5) A notice under paragraph 54(4) of Schedule B1 to the 1986 Act must—
(a) be advertised in such manner as the T&S administrator thinks fit as soon as reasonably practicable after the T&S administrator has sent the statement to the creditors;
(b) state—
(i) that members may request in writing a copy of the statement of revised proposals;
(ii) the address to which to write.
(1) The T&S administrator must prepare a report (the “progress report”).
(2) The progress report must—
(a) be headed “T&S administrator’s progress report”;
(b) include immediately below the heading—
(i) the full name, registered address, registered number and any other trading names of the T&S company;
(ii) details of the court where the proceedings are and the court reference number.
(3) The progress report must include the following—
(a) full details of the T&S administrator’s name and address, IP number, date of appointment and any changes in T&S administrator;
(b) the name and address of the applicant for the T&S administration;
(c) in the case of joint T&S administrators, details of the matters set out in section 158(5) of the 2004 Act;
(d) details of progress during the period of the report, including a receipts and payments account (see paragraph (4));
(e) details of any assets that remain to be realised;
(f) any other relevant information for the creditors.
(4) A receipts and payments account must—
(a) state what assets of the T&S company have been realised, for what value, and what payments have been made to creditors or others;
(b) be in the form of an abstract showing receipts and payments during the period of the report;
(c) where the T&S administrator has ceased to act, include a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A of the 1986 Act (prescribed part).
(5) A progress report must cover the periods of—
(a) six months starting on the date on which the T&S company entered T&S administration, and
(b) each subsequent period of six months.
(6) The periods for which progress reports are required under paragraph (5) are unaffected by any change in the T&S administrator.
(7) The T&S administrator must send a copy of the progress report within one month of the end of the period covered by the report, to the following (subject to paragraph (8))—
(a) the registrar of companies;
(b) the Secretary of State;
(c) the Gas and Electricity Markets Authority;
(d) the creditors;
(e) the court.
(8) The requirement in paragraph (7) does not apply when the report is a final progress report within the meaning of Part 9.
(9) The court may, on the T&S administrator’s application—
(a) extend the period of one month mentioned in paragraph (7) by such period as it thinks fit, and
(b) whether or not the court extends the period, make such other order in respect of the content of the report as it thinks fit, or
(10) It is an offence for the T&S administrator to fail to comply with this rule.
This Chapter applies where the T&S administrator seeks a decision from creditors under paragraph 62 of Schedule B1 to the 1986 Act .
The T&S administrator may, and in the circumstances set out in rule 29 must, seek a decision from the T&S company’s creditors under paragraph 62 of Schedule B1 to the 1986 Act.
(1) This rule applies where the T&S administrator has proposed that the T&S administration will end by the T&S company entering creditors’ voluntary liquidation, in accordance with rule 21(8) or 25(3)(e).
(2) The T&S administrator must, in the circumstances set out in paragraph (3), seek a decision from the T&S company’s creditors for the purpose of nominating a person other than the person named as the proposed liquidator in the T&S administrator’s proposals or revised proposals.
(3) The circumstances are where such a decision is requested by creditors of the T&S company whose debts amount to at least 10 per cent of the total debts of the company.
(4) The request for a decision from the T&S company’s creditors for the purpose set out in paragraph (2) must be made—
(a) in the case of proposals under rule 21(8), within eight business days of the date on which the proposals are delivered, or
(b) in the case of revised proposals under rule 25(3)(e), within eight business days of the date on which the revised proposals are delivered.
(5) A request under this rule must include—
(a) a list of creditors concurring with the request, showing the amounts of their respective debts in the T&S administration;
(b) from each creditor concurring, written confirmation of that creditor’s concurrence.
(6) But paragraph (5)(a) does not apply if the requesting creditor’s debt is alone sufficient without the concurrence of other creditors.
(7) Where a decision has been requested under this rule, rule 15.19 of the Insolvency Rules applies, as modified by rule 30, in relation to the expenses of the decision.
(8) A decision requested under this rule must be reached within 21 days of the receipt by the T&S administrator of the request for the decision.
(1) Where the T&S administrator seeks a decision from the creditors on any issue, Chapters 2, 3, 6, 7, 8, 9 and 11 of Part 15 and Part 16 of the Insolvency Rules apply, as they apply to administration—
(a) with the modifications set out in paragraph (2), and
(b) subject to paragraph (3).
(2) The modifications are—
(a) for “administration”, in each place, substitute “T&S administration” ;
(b) for “administrator”, in each place, substitute “T&S administrator” ;
(c) for “company”, in each place, substitute “T&S company” ;
(d) for “convener”, in each place, substitute “T&S administrator” ;
(e) in rule 15.8, the reference to rule 14.31(1) is a reference to rule 70 of these Rules;
(f) the following is substituted for rule 15.21—
(15.21)
(1) The chair of the meeting must be either the T&S administrator or a person nominated by the T&S administrator in writing to be chair.
(2) A person may only be nominated under paragraph (1) if the person—
(a) is qualified to act as an insolvency practitioner (within the meaning of Part 13 of the Act) in relation to the T&S company, or
(b) is an employee of the T&S administrator or the T&S administrator’s firm who is experienced in insolvency matters.
(g) in rule 15.31, the reference to rule 14.24 is a reference to rule 55 of these Rules;
(h) in rule 16.6 the reference to rule 1.58 is a reference to rule 177 of these Rules.
(3) In the application of Part 15 of the Insolvency Rules to a decision sought by the T&S administrator in a T&S administration, rules 15.16, 15.24, 15.28(6) and 15.29 do not apply.
This Chapter applies where the T&S administrator calls a meeting of members under paragraph 62 of Schedule B1 to the 1986 Act.
(1) The T&S administrator must fix a venue for it having regard to the convenience of the members.
(2) The chair of the meeting must be either the T&S administrator or a person nominated by the T&S administrator in writing to be chair.
(3) A person may only be nominated under paragraph (2) if the person—
(a) is qualified to act as an insolvency practitioner in relation to the T&S company, or
(b) is an employee of the T&S administrator or the T&S administrator’s firm who is experienced in insolvency matters.
(4) If within 30 minutes from the time fixed for commencement of the meeting there is no person present to act as chair, the meeting stands adjourned to the same day, time and place in the following week or, if that day is not a business day, to the business day immediately following.
(5) Subject to anything to the contrary in the 1986 Act and these Rules, the meeting must be summoned and conducted—
(a) in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act 2006 , in the case of a T&S company incorporated—
(i) in England and Wales, or
(ii) outside the United Kingdom other than in an EEA state;
(b) in accordance with the law of the state applicable to meetings of the T&S company, in the case of a T&S company incorporated in an EEA state.
(6) The chair of the meeting must ensure that minutes of its proceedings are entered in the T&S company’s minute book.
Part 16 of the Insolvency Rules applies in respect of the meeting of members as it applies to administration, with the following modifications—
(a) for “administration”, in each place, substitute “T&S administration” ;
(b) for “company”, in each place, substitute “T&S company” ;
(c) in rule 16.6 the reference to rule 1.58 is a reference to rule 177 of these Rules.
(1) This rule applies in relation to a request to the convener of a meeting under section 246A(9) of the 1986 Act to specify a place for the meeting.
(2) The request must be accompanied by—
(a) a list of the members making or concurring with the request and their voting rights;
(b) from each person concurring, written confirmation of that person’s concurrence.
(3) The request must be delivered to the convener within seven business days of the date on which the convener delivered the notice of the meeting in question.
(4) Where the convener considers that the request has been properly made in accordance with the 1986 Act and this rule, the convener must—
(a) deliver notice to all those previously given notice of the meeting—
(i) that the meeting is to be held at a specified place;
(ii) as to whether the date and time are to remain the same or not;
(b) set a venue, including specification of a place, for the meeting, the date of which must be no later than 28 days after the original date for the meeting;
(c) deliver at least 14 days’ notice of that venue to all those previously given notice of the meeting.
(5) The notices required by sub-paragraphs (a) and (c) of paragraph (4) may be delivered at the same or different times.
(6) Where the convener has specified a place for the meeting in response to a request to which this rule applies, the chair of the meeting must attend the meeting by being present in person at that place.
(1) In this rule, an “ excluded person ” means a person who has taken all steps necessary to attend a meeting under the arrangements which—
(a) have been put in place by the convener of the meeting under section 246A(6) of the 1986 Act, but
(b) do not enable that person to attend the whole or part of that meeting.
(2) Where the chair becomes aware during the course of a meeting that there is an excluded person, the chair may—
(a) continue the meeting;
(b) declare the meeting void and convene the meeting again;
(c) declare the meeting valid up to the point where the person was excluded and adjourn the meeting.
(3) Where the chair continues the meeting, the meeting is valid unless—
(a) the chair decides in consequence of a complaint under rule 37 to declare the meeting void and hold the meeting again, or
(b) the court directs otherwise.
(4) Without prejudice to paragraph (2), where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may, in the chair’s discretion and without an adjournment, declare the meeting suspended for any period up to one hour.
(1) A person who claims to be an excluded person may request an indication of what occurred during the period of that person’s claimed exclusion (an “indication”).
(2) A request under paragraph (1) must be made as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following the day on which the exclusion is claimed to have occurred.
(3) A request under paragraph (1) must be made—
(a) to the chair, where it is made during the course of the business of the meeting;
(b) to the T&S administrator, where it is made after the conclusion of the business of the meeting.
(4) Where satisfied that the person making the request is an excluded person, the person to whom the request is made under paragraph (3) must give the indication as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following the day on which the request was made under paragraph (1).
(5) In this rule, “ excluded person ” has the meaning given in rule 35(1).
(1) Any person may make a complaint who—
(a) is, or claims to be, an excluded person, or
(b) attends the meeting, whether in person or by proxy (by virtue of rule 33), and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person.
(2) The person to whom the complaint must be made (“the appropriate person”) is—
(a) the chair, where it is made during the course of the meeting;
(b) the T&S administrator, where it is made after the meeting.
(3) A complaint must be made as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following—
(a) the day on which the person was, appeared or claimed to be excluded, or
(b) where an indication is sought under rule 36, the day on which the complainant received the indication.
(4) The appropriate person must, as soon as reasonably practicable following receipt of the complaint—
(a) consider whether there is an excluded person,
(b) where satisfied that there is an excluded person, consider the complaint, and
(c) where satisfied that there has been prejudice, take such action as the appropriate person considers fit to remedy the prejudice.
(5) Paragraph (6) applies where—
(a) the appropriate person is satisfied that the complainant is an excluded person,
(b) during the period of the person’s exclusion a resolution was put to the meeting and voted on, and
(c) the excluded person asserts how the excluded person intended to vote on the resolution.
(6) Subject to paragraph (7), where satisfied that the effect of the intended vote in paragraph (5), if cast, would have changed the result of the resolution, the appropriate person must—
(a) count the intended vote as being cast in accordance with the complainant’s stated intention,
(b) amend the record of the result of the resolution, and
(c) where notice of the result of the resolution has been delivered to those entitled to attend the meeting, deliver notice to them of the change.
(7) Where satisfied that more than one complainant is an excluded person, the appropriate person must have regard to the combined effect of the intended votes.
(8) The appropriate person must deliver notice to the complainant of any decision as soon as reasonably practicable.
(9) A complainant who is not satisfied by the action of the appropriate person may apply to the court for directions and any application must be made no more than two business days from the date of receiving the decision of the appropriate person.
(10) In this rule, “ excluded person ” has the meaning given in rule 35(1).
(1) The court may order that notice of any meeting be given by advertisement and not by individual notice to the persons concerned.
(2) In considering whether to make such an order, the court must have regard to the cost of advertisement, the amount of assets available and the extent of the interest of members or any particular class of members.
Where a meeting is summoned by notice, the meeting is presumed to have been duly summoned and held, even if not all those to whom the notice is to be delivered receive it.
(1) This rule applies where the T&S administrator applies to the court under paragraph 71 or 72 of Schedule B1 to the 1986 Act for authority to dispose of—
(a) property of the T&S company which is subject to a security other than a floating charge;
(b) goods in the possession of the T&S company under a hire-purchase agreement.
(2) The court must fix a venue for the hearing of the application, and the T&S administrator must as soon as reasonably practicable deliver notice of the venue to the holder of the security or, as the case may be, the owner of the goods.
(3) If an order is made under paragraph 71 or 72 of Schedule B1 to the 1986 Act the court must deliver two sealed copies to the T&S administrator, or in the case of joint T&S administrators, two sealed copies to one and a copy of the sealed order to others.
(4) The T&S administrator must deliver—
(a) one of the sealed copies to the holder of the security or the owner of the goods;
(b) a copy of the sealed order to the registrar of companies.
(1) All fees, costs, charges and other expenses incurred in the course of the T&S administration are to be regarded as expenses of the T&S administration.
(2) The expenses associated with the prescribed part must be paid out of the prescribed part.
(3) The cost of the security required by section 390(3) of the 1986 Act for the proper performance of the T&S administrator’s functions is an expense of the T&S administration.
(1) The expenses of the T&S administration are payable in the following order of priority—
(a) expenses properly incurred by the T&S administrator in performing the T&S administrator’s functions in the T&S administration, except for those expenses referred to in sub-paragraph (g);
(b) the cost of any security provided by the T&S administrator in accordance with the 1986 Act or these Rules;
(c) the costs of the applicant for the T&S administration order and any person appearing on the hearing of the application whose costs were allowed by the court;
(d) any amount payable to a person in respect of assistance in the preparation of a statement of affairs or statement of concurrence;
(e) any allowance made, by the order of the court, towards costs on an application for release from the obligation to submit a statement of affairs or statement of concurrence;
(f) any necessary disbursements by the T&S administrator in the course of the T&S administration (but not including any payment of corporation tax in circumstances referred to in sub-paragraph (i));
(g) the remuneration of any person who has been employed by the T&S administrator to perform any services for the T&S company, as required or authorised under the 1986 Act, the 2004 Act, the 2022 Act or these Rules;
(h) the remuneration of the T&S administrator fixed by the court under Part 8 and unpaid pre-T&S administration costs approved under rule 43;
(i) the amount of any corporation tax on chargeable gains accruing on the realisation of any asset of the T&S company, irrespective of the person by whom the realisation is effected.
(2) The priorities laid down by paragraph (1) are subject to paragraph (3) and subject to the power of the court to make orders under paragraph (5) where the assets are insufficient to satisfy the liabilities.
(3) Where there is a former T&S administrator, the items in paragraph 99 of Schedule B1 to the 1986 Act are payable in priority to the expenses in this rule.
(4) For the purposes of paragraph 99(3) of Schedule B1 to the 1986 Act, the former T&S administrator’s remuneration and expenses shall comprise all those items set out in paragraph (1)(a) to (i) of this rule.
(5) The court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to the payment out of the assets of the expenses incurred in the T&S administration in such order of priority as the court thinks just.
(1) Paragraph (2) applies where the T&S administrator has made a statement of pre-T&S administration costs under rule 21(2)(k) (matters to be included in statement of proposals).
(2) The relevant office holder must, before pre-T&S administration costs are paid, apply to the court for a determination of whether and to what extent such costs are approved for payment.
(3) In paragraph (2) the “ relevant office holder ” means—
(a) the T&S administrator, where the costs consist of fees charged or expenses incurred by the T&S administrator;
(b) another insolvency practitioner, where the costs consist of fees charged or expenses incurred by that practitioner.
(1) A person claiming to be a creditor of the T&S company and wishing to recover the debt in whole or part must submit a claim in writing to the T&S administrator, unless paragraph (6) applies or an order of the court provides otherwise.
(2) A creditor who claims for a debt is referred to as “ proving ” for that debt and a document by which a creditor seeks to establish a claim is the creditor’s “proof”.
(3) A proof must—
(a) be made out and dated by, or under the direction of, the creditor and be authenticated by the creditor or a person authorised on the creditor’s behalf;
(b) state the following matters—
(i) the creditor’s name and address;
(ii) if the creditor is a company, its registered number;
(iii) the total amount of the creditor’s claim (including any value added tax) as at the date on which the T&S company entered T&S administration, less any payments made after that date in respect of the claim, any deduction under rule 54 and any adjustment by way of set off in accordance with rule 55;
(iv) whether or not the claim includes outstanding uncapitalised interest;
(v) particulars of how and when the debt was incurred by the T&S company;
(vi) particulars of any security held, the date on which it was given and the value which the creditor puts on it;
(vii) details of any reservation of title in respect of goods to which the debt refers;
(viii) the name, address and authority of the person authenticating the proof (if a person other than the creditor).
(4) The proof must specify details of any document by reference to which the debt can be substantiated, but the document need not be delivered with the proof unless the T&S administrator has requested it.
(5) The T&S administrator may call for the creditor to produce any document or other evidence which the T&S administrator considers is necessary to substantiate the whole or any part of a claim.
(6) A creditor is deemed to have proved for the purposes of determination and payment of a dividend but not otherwise where—
(a) the debt is a small debt,
(b) a notice has been delivered to the creditor under rule 69 which complies with rule 70, and
(c) the creditor has not advised the T&S administrator that the debt is incorrect or not owed.
(7) For the purposes of this Part, “ small debt ” means a debt, being the total amount owed to a creditor, which does not exceed £1,000 (which amount is prescribed for the purposes of paragraph 13A of Schedule 8 to the 1986 Act ).
(1) In T&S administration proceedings all claims by creditors are provable as debts against the T&S company, whether they are present or future, certain or contingent, ascertained or sounding only in damages, subject to the following.
(2) Any obligation arising under a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 is not provable.
(3) The following are not provable except at a time when all other claims of creditors in the T&S administration proceedings (other than any of a kind mentioned in this paragraph) have been paid in full, with interest under rule 58—
(a) any claim arising by virtue of section 382(1)(a) of the Financial Services and Markets Act 2000 , not being a claim also arising by virtue of section 382(1)(b) of that Act;
(b) any claim which by virtue of the 1986 Act or any other enactment is a claim the payment of which is to be postponed.
(4) Nothing in this rule prejudices any enactment or rule of law under which a particular kind of debt is not provable, whether on grounds of public policy or otherwise.
Unless the court otherwise orders—
(a) every creditor bears the cost of proving the creditor’s own debt, including costs incurred in providing documents or evidence under rule 44(5), and
(b) costs incurred by the T&S administrator in estimating the value of a debt under rule 53 are payable out of the assets as an expense of the T&S administration.
The T&S administrator must, so long as proofs delivered to the T&S administrator are in the possession of the T&S administrator, allow them to be inspected, at all reasonable times on any business day, by any of the following persons—
(a) any creditor who has delivered a proof, unless the creditor’s proof has been—
(i) wholly rejected for purposes of dividend or otherwise, or
(ii) withdrawn;
(b) any contributory of the T&S company;
(c) any person acting on behalf of either of the above.
(1) If a new T&S administrator is appointed in place of another, the former T&S administrator must as soon as reasonably practicable deliver to the new T&S administrator all proofs which the former T&S administrator has received, together with a list of them.
(2) As soon as reasonably practicable following receipt of the list and all of the proofs listed by it, the list must be authenticated by the new T&S administrator and returned to the former T&S administrator.
(1) The T&S administrator may admit or reject a proof for dividend, in whole or in part.
(2) If the T&S administrator rejects a proof in whole or in part, the T&S administrator must deliver to the creditor a statement of the T&S administrator’s reasons for doing so, as soon as reasonably practicable.
(1) If a creditor is dissatisfied with the T&S administrator’s decision with respect to the creditor’s proof (including any decision on whether the debt is preferential), the creditor may apply to the court for the decision to be reversed or varied.
(2) A member or any other creditor may, if dissatisfied with the T&S administrator’s decision admitting or rejecting the whole or any part of a proof, apply to court for the decision to be reversed or varied.
(3) An application to court—
(a) under paragraph (1) must be made within the period of 21 days of the creditor receiving the statement delivered under rule 49(2);
(b) under paragraph (2) must be made within the period of 21 days of the member or other creditor (as the case may be) becoming aware of the T&S administrator’s decision.
(4) Where an application is made to the court under this rule, the court must fix a venue for the application to be heard.
(5) The applicant must send notice of the venue fixed under paragraph (4) to—
(a) the T&S administrator;
(b) if the applicant is not the creditor who delivered the proof in question, that creditor.
(6) The T&S administrator must, on receipt of the notice, file the relevant proof with the court, together (if appropriate) with a copy of the statement sent under rule 49(2).
(7) Where the application is made by a member, the court must not disallow the proof (in whole or in part) unless the member shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the T&S company would be entitled.
(8) After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the court to the T&S administrator.
(9) The T&S administrator is not personally liable for costs incurred by any person in respect of an application under this rule unless the court otherwise orders.
The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2025-1135
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