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

Defined terms (rule 1.2)

6.  Rule 1.2 has effect as if—

(a) in paragraph (2)—

(i) the following definitions were omitted—

(aa) “Article 1.2 undertaking”;

(bb) “bankruptcy application”;

(cc) “bankruptcy file”;

(dd) “bankruptcy restrictions register”;

(ee) “centre of main interests”;

(ff) “COMI proceedings”;

(gg) “debt relief restrictions register”;

(hh) “establishment”;

(ii) “establishment proceedings”;

(jj) “individual insolvency register”;

(kk) “individual register”;

(ll) “IVA”;

(mm) “nominated person”;

(nn) “office-holder”;

(oo) “trustee”;

(ii) for the following definitions there were substituted as follows—

(aa) for the definitions of “debt” and “small debt” there were substituted ““debt” and “small debt” are defined in rule 14.1(3) for the purposes of special administration;”;

(bb) for the definition of “the Gazette” there were substituted ““the Gazette” means the London Gazette;”;

(cc) for the definition of “insolvent estate” there were substituted ““insolvent estate” means, in relation to a special administration, the company’s assets;”;

(dd) for the definition of “prescribed order of priority” there were substituted ““prescribed order of priority” means the order of priority of payment of expenses set out in Chapter 10 of Part 3 for special administration proceedings;”;

(ee) for the definition of “prove” and “proof” there were substituted—

““prove” and “proof” have the following meaning—

(a)

a creditor who claims for a debt in writing is referred to as proving that debt;

(b)

the document by which the creditor makes the claim is referred to as that creditor’s proof; and

(c)

for the purpose of voting, or objecting to a deemed consent in a special administration, the requirements for a proof are satisfied by the convener or chair having been notified by the creditor in writing of a debt;”;

(iii) at the appropriate places, the following definitions were inserted—

““the 1991 Act” means the Water Industry Act 1991;”;

““purposes of special administration” is to be construed in accordance with section 23(2) to (2B) of the 1991 Act;”;

““qualifying water supply licensee” is to be construed in accordance with section 23(6) of the 1991 Act(1);”;

““relevant authority” means—

(a)

in the case of a special administration order that relates to a company appointed under section 6(1) of the 1991 Act to be the relevant undertaker for an area that is wholly or mainly in Wales, the Welsh Ministers(2), and

(b)

in any other case, the Secretary of State;”;

““relevant undertaker” means a company holding an appointment under Chapter I of Part 2 of the 1991 Act;”;

““Schedule B1” means Schedule B1(3) to the Act;”;

““special administration order” means an order of the kind described in section 23(1) of the 1991 Act;”;

““special administrator” means a person appointed by the court to manage the affairs, business and property of a water industry company under—

(a)

section 23(1) of the 1991 Act; or

(b)

paragraph 91 or 103 of Schedule B1;”;

““water industry company” means a company of a kind mentioned in section 23(1) of the 1991 Act;”;

(b) in paragraph (3) in the opening words and in sub-paragraph (a), there were omitted “, debtor or bankrupt”.

(1)

Section 23 was amended by section 101(1) of, and paragraphs 2 and 8 of Schedule 8 to, the Water Act 2003 (c. 37), sections 34 of, and paragraphs 3, 5, and 6 of Schedule 5 to, the Flood and Water Management Act 2010 (c. 29), sections 5 and 56 of, paragraphs 1 and 23 of Schedule 5 to, and paragraphs 2, 5 and 35 of Schedule 7 to, the Water Act 2014 (c. 21), section 7 of, and paragraph 11 of Schedule 9 to, the Corporate Insolvency and Governance Act 2020 (c. 12).

(2)

The original Instruments of Appointment of water undertakers and sewerage undertakers, including maps of the areas of appointment and any amendments to them, are available to view online at: https://www.ofwat.gov.uk/regulated-companies/ofwat-industry-overview/licences/#ioa. They may also be inspected in person at: Ofwat, 7 Hill Street, Birmingham, B5 4UA, between the hours of 9.30am and 1pm, and 2pm and 4.30pm, Monday to Friday (except public and other holidays), at a cost (at the date on which these Rules are made) of £20 per inspection except where an appointment to inspect is made at least 24 hours in advance (by calling 0121 644 7600) in which case the inspection is free of charge.

(3)

Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c. 40), section 248(2) and Schedule 16.