The Water Industry (Special Administration) Rules 2009

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation

   2. 2. Commencement

   3. 3. Definitions and interpretation

   4. 4. Application: general

   5. 5. Application of Insolvency Rules 1986

   6. 6. Forms for use in special administration proceedings

3. PART 2 The petition and the special administration order

   1. 7. Form of petition

   2. 8. Contents of affidavit

   3. 9. Filing of petition

   4. 10. Notice to enforcement officer, etc.

   5. 11. Service of petition

   6. 12. Proof of service

   7. 13. Insolvency proceedings brought after petition presented

   8. 14. The hearing: right of appearance

   9. 15. Form of special administration order

   10. 16. Costs of petitioner etc.

   11. 17. Notice and advertisement of special administration order

   12. 18. Notice of discharge of special administration order

4. PART 3 The special administrator

   1. 19. Special administrator's remuneration

   2. 20. Fixing of remuneration by court

   3. 21. Remuneration: joint special administrators

   4. 22. Remuneration: special administrator a solicitor

   5. 23. Resignation of special administrator

   6. 24. Special administrator's death in office

   7. 25. Order filling vacancy

5. PART 4 Conduct of the special administration

   1. CHAPTER 1 Statement of affairs and proposals to creditors

      1. 26. Meaning of “responsible person”

      2. 27. Notice requiring statement of affairs

      3. 28. Verification of statement of affairs

      4. 29. Filing the statement of affairs

      5. 30. Limiting disclosure of statement of affairs

      6. 31. Release from obligation or extension of time

      7. 32. Expenses of statement of affairs

      8. 33. Statement to be annexed to proposals

      9. 34. Form of statement of revised proposals

      10. 35. Statement if special administration order to be discharged before statement of proposals

      11. 36. Notice to members of proposals to creditors

   2. CHAPTER 2 Disposal of property

      1. 37. Disposal of charged property, etc.

   3. CHAPTER 3 Accounts

      1. 38. Abstract of receipts and payments

   4. CHAPTER 4 Access to documents

      1. 39. Confidentiality of documents

      2. 40. Right to copy documents

      3. 41. Right to have list of creditors

      4. 42. False claim of status as creditor or member etc.

6. PART 5 Meetings

   1. CHAPTER 1 Creditors' meetings

      1. 43. Application of Chapter

      2. 44. Venue and notice of creditors' meetings

      3. 45. Non-receipt of notice of meeting

      4. 46. Who presides at meetings

      5. 47. Adjournment

      6. 48. Entitlement to vote: meetings of creditors

      7. 49. Admission and rejection of claims

      8. 50. Voting by secured creditors

      9. 51. Voting by holders of negotiable instruments

      10. 52. Voting by retention of title creditors

      11. 53. Voting by creditors under hire-purchase, conditional sale and chattel leasing agreements

      12. 54. Quorum at meetings

      13. 55. Resolutions

      14. 56. Minutes

      15. 57. Report to creditors

   2. CHAPTER 2 Members' meetings

      1. 58. Venue and conduct of members' meeting

   3. CHAPTER 3 Meetings generally

      1. 59. Evidence of proceedings at meeting

7. PART 6 Proxies and company representation

   1. 60. Application of this Part

   2. 61. Definition and grant of proxy

   3. 62. Issue and use of forms of proxy

   4. 63. Use of proxies at meetings

   5. 64. Retention of proxies

   6. 65. Right of inspection of proxies

   7. 66. Proxy-holder with financial interest

   8. 67. Company representation

8. PART 7 Court procedure and practice

   1. CHAPTER 1 Applications

      1. 68. Preliminary

      2. 69. Interpretation

      3. 70. Form and contents of applications

      4. 71. Filing and service of applications

      5. 72. Hearings without notice

      6. 73. Hearing of applications in private

      7. 74. Exercise of court's jurisdiction by registrar

      8. 75. Use of witness statements

      9. 76. Filing and service of witness statements

      10. 77. Use of reports

      11. 78. Adjournment of hearing: directions

   2. CHAPTER 2 Enforcement

      1. 79. Enforcement of court orders

      2. 80. Orders enforcing compliance with these Rules

   3. CHAPTER 3 Access to court records

      1. 81. CPR rules not to apply

      2. 82. Certain persons' right to inspect the court file

      3. 83. Right to copy documents

      4. 84. Official copies of documents on court file

      5. 85. False claim of status as creditor or member

      6. 86. Filing of copies of London Gazette notices and advertisements

   4. CHAPTER 4 Costs and detailed assessment

      1. 87. Application of the Civil Procedure Rules

      2. 88. Costs to be assessed by detailed assessment

      3. 89. Procedures for detailed assessment: employees of the special administrator

      4. 90. Procedures for detailed assessment: time limit to bring proceedings

      5. 91. Costs paid otherwise than out of the assets of the water company

      6. 92. Award of costs against special administrator

      7. 93. Applications for costs

      8. 94. Costs and expenses of witnesses

      9. 95. Final costs certificate

      10. 96. Replacement of lost or destroyed costs certificate

   5. CHAPTER 5 Persons who lack capacity

      1. 97. Children and patients

   6. CHAPTER 6 Appeals

      1. 98. Appeal and review of orders

      2. 99. Procedure on appeal

   7. CHAPTER 7 General

      1. 100. Principal court rules and practice to apply

      2. 101. Title of proceedings

      3. 102. Right of audience

      4. 103. Special administrator's solicitor

      5. 104. Formal defects

      6. 105. Affidavits

      7. 106. Giving of security to the court

      8. 107. Payment into court

      9. 108. Further information and disclosure

9. PART 8 Examination of persons in special administration proceedings

   1. 109. Application

   2. 110. Interpretation

   3. 111. Form and contents of application

   4. 112. Order for examination, etc.

   5. 113. Procedure for examination

   6. 114. Recording of proceedings

   7. 115. Warrants under section 236 of the Insolvency Act

   8. 116. Filing of record of examination

   9. 117. Costs of proceedings under section 236 of the Insolvency Act

10. PART 9 Miscellaneous and general

    1. 118. Special administrator's security

    2. 119. Power of Secretary of State to regulate certain matters

    3. 120. Evidence of orders, directions or certificates issued by Secretary of State or Welsh Ministers

    4. 121. Time limits

    5. 122. General provisions as to service and notice

    6. 123. Service outside the jurisdiction

    7. 124. Notice, etc. to solicitors

    8. 125. Notice to joint special administrators

    9. 126. Notices sent simultaneously to the same person

    10. 127. The London Gazette as evidence

    11. 128. Punishment of offences

    12. 129. Powers of the court and the registrar

11. Signature

12. 1. SCHEDULE

       Forms

13. Explanatory Note