The Rules in this Part apply to applications to the court, made by the SMCL administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings).

The application may be made without notice to the respondent or any other party.

The court may, whatever the order sought in the application, make any order which it has power to make under section 236.

The court, if it orders the respondent to appear before it, must specify a venue for the respondent’s appearance, which must be not less than 14 days from the date of the order.

If the order is to produce books, papers or other records, the time and manner of compliance must be specified.

The order must be served by the SMCL administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders.

At any examination of the respondent, the SMCL administrator may attend in person, or be represented by an appropriately qualified legal representative, and may put such questions to the respondent as the court may allow.

Any creditor who has provided information on which the application was made under section 236 may attend the examination with the permission of the court and may put questions to the respondent (but only through the SMCL administrator).

If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and as to whether the respondent’s answers (if any) are to be made in a witness statement.

There must be made in writing such record of the examination as the court thinks proper and such record must be read either to or by the respondent and authenticated by the respondent at a venue fixed by the court.

The written record may, in any proceedings (whether under the 1986 Act or otherwise) be used as evidence against the respondent of any statement made by the respondent in the course of the respondent’s examination.

Unless the court otherwise directs, the record of questions put to the respondent, the respondent’s answers, and any witness statement delivered to the court by the respondent in compliance with an order of the court under section 236 are not to be filed with the court.

The documents listed in paragraph (3) are not open to inspection without the permission of the court, except by the SMCL administrator.

The court may from time to time give directions as to the custody and inspection of any documents to which this Rule applies, and as to the provision of copies of, or extracts from, such documents.

Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent.

Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent.

Subject to paragraphs (1) and (2), the SMCL administrator’s costs must, unless the court otherwise orders, be paid out of the assets of the SMCL.

A person summoned to attend for examination under this Part must be tendered a reasonable sum for travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion.