The PPP Administration Order Rules 2007

Prospective

CHAPTER 4 E+W COURT RECORDS AND RETURNS

Title of proceedings E+W

52.  Every PPP administration proceeding shall, with any necessary additions, name the PPP company to which the proceedings relate and be entitled “IN THE MATTER OF THE INSOLVENCY ACT 1986 AND THE GREATER LONDON AUTHORITY ACT 1999”.

Commencement Information

I1 Rule 52 in force at 30.11.2007, see rule 1

Court records E+W

53.  The court shall keep records of all PPP administration proceedings, and shall cause to be entered in the records the taking of any step in the proceedings, and such decisions of the court in relation thereto, as the court thinks fit.

Commencement Information

I2 Rule 53 in force at 30.11.2007, see rule 1

Inspection of records E+W

54.—(1) Subject to paragraphs (2) and (3), the court’s records of PPP administration proceedings shall be open to inspection by any person.

(2) If, in the case of a person applying to inspect the records, the registrar is not satisfied as to the propriety of the purpose for which inspection is required, he may refuse to allow it. That person may then apply forthwith and without notice being served on any other party to the judge, who may refuse the inspection or allow it on such terms as he thinks fit.

(3) The decision of the judge under paragraph (2) is final.

Commencement Information

I3 Rule 54 in force at 30.11.2007, see rule 1

File of court proceedings E+W

55.—(1) In respect of all PPP administration proceedings, the court shall open and maintain a file for each case; and (subject to directions of the registrar) all documents relating to such proceedings shall be placed on the relevant file.

(2) No PPP administration proceedings shall be filed in the Central Office of the High Court.

Commencement Information

I4 Rule 55 in force at 30.11.2007, see rule 1

Right to inspect the file E+W

56.—(1) In the case of any PPP administration proceedings, the following persons have the right, at all reasonable times, to inspect the court’s file of the proceedings—

(a) the Mayor;

(b) Transport for London;

(c) the special PPP administrator;

(d) the PPP Arbiter;

(e) any person stating himself in writing to be a creditor of the PPP company to which the PPP administration proceedings relate;

(f) every person who is, or at any time has been, a director or officer of the PPP company to which the PPP administration proceedings relate and every person who is a member of that company; and

(g) the Secretary of State.

(2) The right of inspection conferred on any person by paragraph (1) may be exercised on his behalf by a person properly authorised by him.

(3) Any person may, with the special permission of the court, inspect the file.

(4) The right of inspection conferred by this rule is not exercisable in the case of documents, or parts of documents, as to which the court directs, either generally or specially, that they are not to be made open to inspection without the court’s permission.

(5) An application under paragraph (4) for a direction of the court may be made by the special PPP administrator or by any party appearing to the court to have an interest.

(6) If, for the purpose of powers conferred by the 1986 Act, these Rules or the Insolvency Rules, the Secretary of State wishes to inspect the file of any PPP administration proceedings and requests the transmission of the file, the court shall comply with such request (unless the file is for the time being in use for the court’s purposes).

(7) Paragraphs (2) and (3) of rule 54 apply in respect of the court’s file of any proceedings as they apply in respect of court records.

Commencement Information

I5 Rule 56 in force at 30.11.2007, see rule 1

Filing of Gazette notices and advertisements E+W

57.—(1) In any court in which PPP administration proceedings are pending, an officer of the court shall file a copy of every issue of the Gazette which contains an advertisement relating to those proceedings.

(2) Where there appears in a newspaper an advertisement relating to PPP administration proceedings pending in any court, the person inserting the advertisement shall file a copy of it in that court.

(3) The copy of the advertisement shall be accompanied by, or have endorsed on it, such particulars as are necessary to identify the proceedings and the date of the advertisement’s appearance.

(4) An officer of any court in which PPP administration proceedings are pending shall from time to time file a memorandum giving the dates of, and other particulars relating to, any notice published in the Gazette, and any newspaper advertisements, which relate to proceedings so pending.

(5) The officer’s memorandum shall be prime facie evidence that any notice or advertisement mentioned in it was duly inserted in the issue of the newspaper or the Gazette which is specified in the memorandum.

Commencement Information

I6 Rule 57 in force at 30.11.2007, see rule 1