The Postal Administration (Scotland) Rules 2016

Moving from postal administration to creditors’ voluntary liquidation

58.—(1) A notice pursuant to paragraph 83(3) of Schedule B1 to the 1986 Act shall be in Form PA17(S).

(2) As soon as reasonably practicable after the day on which the registrar of companies registers that notice, the person who has ceased to be the postal administrator (whether or not that person becomes the liquidator) must send a final progress report (which must include details of the assets to be dealt with in the liquidation) to the registrar of companies and to—

(a) all other persons who received notice of the administrator’s appointment;

(b) where the Secretary of State did not receive notice of the postal administrator’s appointment, the Secretary of State; and

(c) where OFCOM did not receive notice of the postal administrator’s appointment, OFCOM.

(3) For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 15(1)(l) or Rule 33(1)(h)—

(a) by virtue of the postal administrator’s proposals or revised proposals; or

(b) where a creditors’ meeting is held in accordance with Rule 28, as a consequence of such a meeting.

(4) OFCOM must notify the Secretary of State before consenting to the postal administrator sending a notice of moving from postal administration to creditors’ voluntary liquidation to the registrar of companies.

(5) Where the creditors nominate a different person, the nomination must, where applicable, include the declaration required by section 231 of the 1986 Act (appointment to office of two or more persons).