The Railway Administration Order Rules 2001

CHAPTER 4 COURT RECORDS AND RETURNS

Title of proceedings

6.15  Every railway administration proceeding shall, with any necessary additions, be intituled “IN THE MATTER OF …(naming the protected railway company to which the proceedings relate) AND IN THE MATTER OF THE INSOLVENCY ACT 1986 AND THE RAILWAYS ACT 1993”.

Court records

6.16  The court shall keep records of all railway administration proceedings, and shall cause to be entered in the records the taking of any step in the proceedings, and such decisions of the court in relation thereto, as the court thinks fit.

Inspection of records

6.17—(1) Subject to paragraphs (2) and (3), the court’s records of railway administration proceedings shall be open to inspection by any person.

(2) If in the case of a person applying to inspect the records the registrar is not satisfied as to the propriety of the purpose for which inspection is required, he may refuse to allow it. That person may then apply forthwith and ex parte to the judge, who may refuse the inspection or allow it on such terms as he thinks fit.

(3) The decision of the judge under paragraph (2) is final.

File of court proceedings

6.18—(1) In respect of all railway administration proceedings, the court shall open and maintain a file for each case; and (subject to directions of the registrar) all documents relating to such proceedings shall be placed on the relevant file.

(2) No railway administration proceedings shall be filed in the Central Office of the High Court.

Right to inspect the file

6.19—(1) In the case of any railway administration proceedings, the following persons have the right, at all reasonable times, to inspect the court’s file of the proceedings—

(a) the Secretary of State;

(b) the Authority;

(c) the special railway administrator;

(d) any person stating himself in writing to be a creditor of the protected railway company to which the railway administration proceedings relate; and

(e) every person who is, or at any time has been, a director or officer of the protected railway company to which the railway administration proceedings relate and every person who is a member of that company.

(2) The right of inspection conferred on any person by paragraph (1) may be exercised on his behalf by a person properly authorised by him.

(3) Any person may, by special leave of the court, inspect the file.

(4) The right of inspection conferred by this Rule is not exercisable in the case of documents, or parts of documents, as to which the court directs, either generally or specially, that they are not to be made open to inspection without the court’s leave.

(5) An application under paragraph (4) for a direction of the court may be made by the special railway administrator or by any party appearing to the court to have an interest.

(6) If, for the purpose of powers conferred by the 1986 Act or the Rules or the Insolvency Rules the Secretary of State, the Department or the official receiver wishes to inspect the file of any railway administration proceedings, and requests the transmission of the file, the court shall comply with such request (unless the file is for the time being in use for the court’s purposes).

(7) Paragraphs (2) and (3) of Rule 6.17 apply in respect of the court’s file of any proceedings as they apply in respect of court records.

Filing of Gazette notices and advertisements

6.20—(1) In any court in which railway administration proceedings are pending, an officer of the court shall file a copy of every issue of the Gazette which contains an advertisement relating to those proceedings.

(2) Where there appears in a newspaper an advertisement relating to railway administration proceedings pending in any court, the person inserting the advertisement shall file a copy of it in that court.

The copy of the advertisement shall be accompanied by, or have endorsed on it, such particulars as are necessary to identify the proceedings and the date of the advertisement’s appearance.

(3) An officer of any court in which railway administration proceedings are pending shall from time to time file a memorandum giving the dates of, and other particulars relating to, any notice published in the Gazette, and any newspaper advertisements, which relate to proceedings so pending.

The officer’s memorandum shall be prime facie evidence that any notice or advertisement mentioned in it was duly inserted in the issue of the newspaper or the Gazette which is specified in the memorandum.