The Education Administration Rules 2018

Basis of remuneration

This section has no associated Explanatory Memorandum

6.10.—(1) An education administrator is entitled to receive remuneration for services provided as education administrator.

(2) The basis of such remuneration is to be fixed by reference to the time properly spent by the education administrator and the education administrator’s staff in attending to matters arising in the education administration.

(3) The education administrator’s remuneration must, on the education administrator’s application, be fixed by the court.

(4) The education administrator must give at least 14 days’ notice of the application made under paragraph (3) to the following who may appear or be represented—

(a)the appropriate national authority; and

(b)the creditors of the further education body.

(5) In fixing the remuneration, the court must have regard to the following matters—

(a)the complexity (or otherwise) of the case;

(b)any respects in which, in connection with a further education body’s affairs, there falls on the education administrator any responsibility of an exceptional kind or degree;

(c)the effectiveness with which the education administrator appears to be carrying out, or to have carried out, the education administrator’s duties as such; and

(d)the value and nature of the property with which the education administrator has had to deal.

(6) Where there are joint education administrators, it is for them to agree between themselves as to how the remuneration payable should be apportioned and any dispute arising between them may be referred to the court, for settlement by order.

(7) If the education administrator is a solicitor and employs the education administrator’s own firm, or any partner in it, to act on behalf of the further education body, profit costs must not be paid unless this is authorised by the court.