The Water Industry (Special Administration) (England and Wales) Rules 2024

Witness statement in support of administration application (rule 3.6)

36.  Rule 3.6 has effect as if—

(a) for paragraphs (1) to (3) there were substituted—

“(1) A special administration application must be supported by a witness statement.

(2) The witness statement must state the nature of the authority of the person making it and the means of that person’s knowledge of the matters to which the witness statement relates.

(3) The witness statement must, to the best of the applicant’s knowledge or belief—

(a) state whether the company that is the subject of the application is a relevant undertaker, or a qualifying water supply licensee;

(b) state which of the grounds set out in section 24(2) of the 1991 Act the applicant believes are satisfied in relation to the company and the reasons for that belief;

(c) contain a statement of the company’s financial position, setting out the assets and liabilities of the company, including contingent and prospective liabilities;

(d) contain details of any security known or believed to be held by creditors of the company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver;

(e) contain details of any notice served in accordance with section 26(1)(c) of the 1991 Act by any person intending to enforce a security over the company’s property;

(f) contain details of any step taken to enforce such a security;

(g) contain details of any insolvency proceedings in relation to the company, including any petition that has been presented for the winding up of the company;

(h) contain, where it is intended to appoint a number of persons as special administrators, a statement of the matters relating to the exercise of their functions set out in paragraph 100(2) of Schedule B1;

(i) state any other matters which, in the applicant’s opinion, will assist the court in deciding whether to make an order for special administration.”;

(b) paragraphs (4) and (5) were omitted.