Prospective

PART 2E+WPPP ADMINISTRATION PROCEDURE

Manner in which service of petition is to be effectedE+W

10.—(1) Service of the petition in accordance with rule 8 shall be effected by the petitioner, or his solicitor, or by a person instructed by him or his solicitor, not less than two days before the date fixed for the hearing.

(2) Service shall be effected as follows—

(a)on the PPP company (subject to paragraph (3)), by delivering the documents to its registered office; and

(b)on any other person (subject to paragraph (4)), by delivering the documents to his proper address,

or, in either case, in such manner as the court may direct.

(3) If delivery to the PPP company’s registered office is not practicable or if the PPP company is an unregistered company, service may be effected by delivery to the company’s last known principal place of business in England and Wales.

(4) Subject to paragraph (5), for the purposes of paragraph (2)(b), a person’s proper address is any which he has previously notified as his address for service; but if he has not notified any such address, service may be effected by delivery to his usual or last known address.

(5) In the case of a person who—

(a)is an authorised deposit taker or a former authorised institution;

(b)has appointed, or is or may be entitled to appoint, an administrative receiver of the PPP company; and

(c)has not notified an address for service,

the proper address is the address of an office of that person where, to the knowledge of the petitioner, the PPP company maintains a bank account or, where no such office is known to the petitioner, the registered office of that person, or, if there is no such office, his usual or last known address.

(6) For the purposes of paragraph (5)—

“authorised deposit taker” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000(1) to accept deposits; and

“former authorised institution” means an institution which continues to have a liability in respect of a deposit which was held in accordance with the Banking Act 1979(2) or the Banking Act 1987(3), but is not an authorised deposit taker.

(7) References in paragraph (6) to deposits and their acceptance must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.

Commencement Information

I1Rule 10 in force at 30.11.2007, see rule 1