The Education Administration Rules 2018

Moving from education administration to creditors’ voluntary winding up

3.41.—(1) This rule applies where the education administrator delivers to the registrar of companies a notice under paragraph 83(3) of Schedule B1 of moving from education administration to creditors’ voluntary winding up.

(2) The notice must contain—

(a) identification details for the proceedings;

(b) the name of the person who made the education administration application; and

(c) the name and IP number of the proposed liquidator.

(3) The notice to the registrar of companies must be accompanied by a copy of the education administrator’s final progress report.

(4) A copy of the notice and the final progress report must be sent, as soon as reasonably practicable after delivery of the notice, to all those persons to whom notice of the education administrator’s appointment was delivered in addition to the creditors (as required by paragraph 83(5)(b) of Schedule B1).

(5) The person who ceases to be education administrator on the registration of the notice must inform the person who becomes liquidator of anything which happens after the date of the final progress report and before the registration of the notice which the education administrator would have included in the final report had it happened before the date of the report.

(6) For the purposes of paragraph 83(7)(a) of Schedule B1, a person is nominated as liquidator in accordance with rule 3.8(4) or 3.11(1)(f)(iii) and that person’s appointment takes effect following registration under paragraph (1) of this rule—

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

(b) following a decision sought by the education administrator under rule 3.28(2).

(7) Where the creditors nominate a different person in accordance with rule 3.11(1)(f)(iii), the nomination must, where applicable, include the declaration required by section 231 of the Act.