The Water Industry (Special Administration) Rules 2009

Contents of affidavit

8.—(1) The affidavit must state—

(a) whether the water company that is the subject of the petition is a relevant undertaker or a qualifying licensed water supplier (within the meaning of the Water Industry Act 1991);

(b) which of the grounds set out in section 24(2) of the Water Industry Act 1991 the petitioner believes are satisfied in relation to the water company; and

(c) the reasons for that belief.

(2) The affidavit must contain a statement of the water company’s financial position, setting out (so far as the deponent knows) the assets and liabilities of the company, including contingent and prospective liabilities.

(3) The affidavit must set out details (to the best of the deponent’s knowledge and belief) of—

(a) any security held by creditors of the water company; and

(b) whether any such security gives its holder power to appoint an administrative receiver.

(4) If the deponent knows or believes that an administrative receiver has been appointed, the affidavit must state that fact.

(5) The affidavit must contain details (to the best of the deponent’s knowledge and belief) of—

(a) any petition that has been presented for the winding up of the water company;

(b) any notice served in accordance with section 26(1)(c) of the Water Industry Act 1991 by any person intending to enforce a security over the water company’s property; and

(c) any step taken to enforce such a security.

(6) If there are other matters that, in the opinion of the person intending to present the petition for a special administration order, will assist the court in deciding whether to make such an order, those matters must also be stated in the affidavit.