The Water Industry (Special Administration) Rules 2009

PART 9 E+W+S Miscellaneous and general

Special administrator's security E+W+S

118.—(1) Wherever under these Rules any person has to appoint, or proposes the appointment of, a person to the office of special administrator, that person must be satisfied that the person appointed or to be appointed has security for the proper performance of his functions.

(2) In any administration proceedings the cost of the special administrator's security must be defrayed as an expense ot the proceedings.

Power of Secretary of State to regulate certain matters E+W+S

119.—(1) Pursuant to paragraph 27 of Schedule 8 to the Insolvency Act the Secretary of State may make regulations, not inconsistent with the Insolvency Act, the Water Industry Act 1991 or these Rules, with respect to any matter provided for in these Rules that relates to the carrying out of the functions of a special administrator of a water company.

(2) Those Regulations may—

(a) confer discretion on the court;

(b) make non-compliance with any of the regulations a criminal offence;

(c) make different provision for different cases, including different provision for different areas; and

(d) contain such incidental, supplemental and transitional provisions as may appear to the Secretary of State necessary or expedient.

Evidence of orders, directions or certificates issued by Secretary of State or Welsh Ministers E+W+S

120.—(1) A document purporting to be, or to contain, an order, direction or certificate issued by the Secretary of State or the Welsh Ministers must be received in evidence and taken to be or to contain (as the case may be) that order, direction or certificate without further proof, unless the contrary is shown.

(2) Paragraph (1) applies whether the document is signed by—

(a) the Secretary of State personally or on behalf of the Secretary of State; or

(b) a Welsh Minister personally or on behalf of a Welsh Minister.

(3) Without prejudice to paragraph (1), a certificate signed by or on behalf of the Secretary of State or the Welsh Ministers confirming—

(a) the making of an order,

(b) the issuing of a document, or

(c) the exercise of a discretion, power or obligation arising or imposed under the Insolvency Act, the Water Industry Act 1991 or these Rules,

is conclusive evidence of the matters dealt with in the certificate.

Time limits E+W+S

121.—(1) CPR rule 2.8 (time) applies as regards computation of the period of time within which anything is required or authorised to be done by these Rules.

(2) CPR rule 3.1(2)(a) applies so as to enable the court to extend or shorten the period within which compliance with anything is required or authorised to be done by these Rules (even if the period has ended).

General provisions as to service and notice E+W+S

122.  CPR Part 6 (service of documents) applies in relation to the service of documents and the giving of notice in special administration proceedings except for service outside the jurisdiction.

Service outside the jurisdiction E+W+S

123.—(1) If for the purposes of special administration proceedings a document is required to be served on a person who is not in England and Wales, the court—

(a) may order service to be effected within the time, on the person, at the place and in the manner it thinks fit; and

(b) may require proof of service as it thinks fit.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An application for an order under paragraph (1) must be supported by an affidavit stating—

(a) the grounds on which the application is made; and

(b) in what place or country the person to be served is, or probably may be found.

Textual Amendments

F1 Rule 123(2) omitted (31.12.2020) by virtue of The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 12; 2020 c. 1, Sch. 5 para. 1(1)

Notice, etc. to solicitors E+W+S

124.  If in special administration proceedings a notice or other document is required or authorised to be given to a person who has indicated that the person's solicitor is authorised to accept service on the person's behalf, the notice or document is sufficiently served if given to the solicitor.

Notice to joint special administrators E+W+S

125.  If two or more persons are acting jointly as the special administrator in any proceedings, delivery of a document to one of them is to be treated as delivery to them all.

Notices sent simultaneously to the same person E+W+S

126.  If under the Insolvency Act, the Water Industry Act 1991 or these Rules a document is to be sent to a person (whether or not as a member of a class of persons to whom the document is to be sent), it may be sent with any other document or information that the person is to receive, with or without modification or adaptation of the form applicable to it.

The London Gazette as evidence E+W+S

127.—(1) A copy of the London Gazette containing a notice required by the Insolvency Act or these Rules to be published in the London Gazette is evidence of any fact stated in the notice.

(2) In the case of an order of the court notice of which is required, by the Insolvency Act or these Rules, to be gazetted, a copy of the London Gazette containing the notice is conclusive evidence that the order was made on the date specified in the notice.

(3) If—

(a) an order of the court that has been gazetted has been varied, or

(b) a matter has been erroneously or inaccurately gazetted,

the person whose responsibility it was to procure the requisite entry in the London Gazette must, as soon as reasonably practicable, cause the variation of the order to be gazetted or, as the case may be, a further entry to be made in the London Gazette for the purpose of correcting the error or inaccuracy.

Punishment of offences E+W+S

128.  Section 431 (summary proceedings) of the Insolvency Act, as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under that Act.

Powers of the court and the registrar E+W+S

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

(2) The registrar may authorise any formal or administrative act that is not by statute the registrar's responsibility to be carried out by an officer of the court on the registrar's behalf, in accordance with directions given by the Lord Chancellor.