Service of applicationE+W
3.8.—(1) In this rule, references to the application are to a copy of the application and witness statement delivered by the court under rule 3.7(4)(c).
(2) Notification for the purposes of paragraph 12(2) of Schedule B1 must be by service of the application.
(3) The applicant must serve the application on the following (in addition to serving it on the persons referred to in paragraph 12(2)(a) to (c) of Schedule B1)—
[F1(za)if there is a moratorium in force for the company under Part A1 of the Act, the monitor;]
(a)any administrative receiver of the company;
(b)if there is a petition pending for the winding up of the company on—
(i)the petitioner, and
(ii)any provisional liquidator;
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the company, if the application is made by anyone other than the company or its directors;
(e)any supervisor of a CVA in relation to the company; and
(f)the proposed administrator.
(4) The certificate of service must be filed with the court as soon as reasonably practicable after service and in any event not later than the business day before the hearing of the application.
Textual Amendments
F1Rule 3.8(3)(za) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 18 (with rules 4, 5)
F2Rule 3.8(3)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 56 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Rules 3.6-3.9 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 36, 37, Sch. (with rule 2(2))