The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

PART 12 E+W Provisions of general effect

CHAPTER 1 E+W Miscellaneous and general

Costs, expenses etc E+W

245.—(1) All fees, costs, charges and other expenses incurred in the course of the special administration are, unless otherwise stated, to be regarded as expenses of the special administration.

(2) The costs associated with the prescribed part must be paid out of the prescribed part.

Commencement Information

I1 Rule 245 in force at 12.11.2021, see rule 2

Provable debts E+W

246.—(1) Except as provided in this rule, all claims by creditors are provable as debts against the institution whether they are present or future, certain or contingent, ascertained or sounding only in damages.

(2) Obligations arising under Part 2, 3 or 4 of the Proceeds of Crime Act 2002(1) are not provable.

(3) The following claims are not provable until all other claims of creditors have been paid in full with interest under rule 135:

(a) any claim arising by virtue of section 382(1)(a) of the FSMA 2000(2), unless it is also a claim arising by virtue of section 382(1)(b) of that Act;

(b) any claim which by virtue of the IA 1986 or any other enactment is a claim the payment of which in a special administration is to be postponed.

(4) Nothing in this rule prejudices any enactment or rule of law under which a particular kind of debt is not provable.

Commencement Information

I2 Rule 246 in force at 12.11.2021, see rule 2

False representation of status for purpose of inspecting documents E+W

247.—(1) It is an offence for a person who does not have a right under these Rules to inspect a relevant document falsely to claim to be a creditor, customer, member of the institution or contributory of the institution with the intention of gaining sight of the relevant document.

(2) A relevant document is one which is on the court file or in the hands of the administrator or any other person and which a creditor, customer, member of the institution or contributory of the institution has a right to inspect under these Rules.

(3) A person guilty of an offence under this rule is liable to imprisonment or a fine, or both, as set out in the Schedule.

Commencement Information

I3 Rule 247 in force at 12.11.2021, see rule 2

Punishment of offences E+W

248.  The Schedule has effect with respect to the ways in which certain contraventions of the Rules are punishable.

Commencement Information

I4 Rule 248 in force at 12.11.2021, see rule 2

CHAPTER 2 E+W The giving of notice and the supply of documents

Application E+W

249.—(1) Subject to paragraphs (2) and (3), this Chapter applies where a notice or other document is required to be given, delivered or sent under the Regulations or these Rules by any person, including the administrator.

(2) This Chapter does not apply to the service of—

(a) any application to the court,

(b) any evidence in support of that application, or

(c) any order of the court.

(3) This Chapter does not apply to the submission of documents to the registrar of companies.

Commencement Information

I5 Rule 249 in force at 12.11.2021, see rule 2

Personal delivery E+W

250.—(1) Personal delivery of a notice or other document is permissible in any case.

(2) A document is personally delivered if it is delivered in accordance with the rules for personal service in CPR Part 6.

Commencement Information

I6 Rule 250 in force at 12.11.2021, see rule 2

Postal delivery of documents E+W

251.—(1) A notice or other document may be sent by post in accordance with the provisions of this rule unless in any particular case some other form of delivery is required by the Regulations or these Rules or an order of the court.

(2) First class or second class post may be used to deliver a notice or other document except where these Rules require first class post to be used.

(3) Unless the contrary is shown—

(a) a notice or other document sent by first class post is treated as delivered on the second business day after the day on which it is posted;

(b) a notice or other document sent by second class post is treated as delivered on the fourth business day after the day on which it is posted;

(c) where a post-mark appears on the envelope in which a notice or other document was posted, the date of that post-mark is to be treated as the date on which the notice or other document was posted.

(4) In this rule “post-mark” means a mark applied by a postal operator which records the date on which a letter entered the postal system of the postal operator.

Commencement Information

I7 Rule 251 in force at 12.11.2021, see rule 2

Notice etc to authorised recipients E+W

252.  Where a notice or other document is to be given, delivered or sent to a person under the Regulations or these Rules, it may be given, delivered or sent instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.

Commencement Information

I8 Rule 252 in force at 12.11.2021, see rule 2

CHAPTER 3 E+W The giving of notice and the supply of documents to or by the administrator

Application E+W

253.—(1) Subject to paragraphs (2) and (3), this Chapter applies where a notice or other document is required to be given, delivered or sent under the Regulations or these Rules.

(2) This Chapter does not apply to the submission of notices or other documents to the registrar of companies.

(3) Rules 257 to 260 do not apply to the filing of any notice or other document with the court.

Commencement Information

I9 Rule 253 in force at 12.11.2021, see rule 2

The form E+W

254.  Subject to any order of the court, any notice or other document required to be given, delivered or sent must be in writing and where electronic delivery is permitted a notice or other document in electronic form is treated as being in writing if it is capable of being—

(a) read by the recipient in electronic form, and

(b) reproduced by the recipient in hard-copy form.

Commencement Information

I10 Rule 254 in force at 12.11.2021, see rule 2

Proof of sending E+W

255.—(1) Where a notice or other document is required to be given, delivered or sent by the administrator, the giving, delivering or sending of it may be proved by means of a certificate that the notice or other document was duly given, delivered or sent.

(2) A certificate under paragraph (1) may be given by—

(a) the administrator,

(b) the administrator’s solicitor, or

(c) a partner or an employee of either of them.

(3) Where a notice or other document is required to be given, delivered or sent by a person other than the administrator, the giving, delivering or sending of it may be proved by means of a certificate by that person—

(a) that the notice or document was given, delivered or sent by that person, or

(b) that another person (named in the certificate) was instructed to give, deliver or send it.

(4) A certificate under this rule may be endorsed on a copy or specimen of the notice or document to which it relates.

Commencement Information

I11 Rule 255 in force at 12.11.2021, see rule 2

Authentication E+W

256.—(1) A notice, other document or information given, delivered, sent or supplied in hard copy form is sufficiently authenticated if it is signed by the person giving, delivering, sending or supplying it.

(2) A notice, other document or information given, delivered or sent in electronic form is sufficiently authenticated—

(a) if the identity of the sender is confirmed in a manner specified by the recipient, or

(b) where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement.

(3) If a notice, other document or information is authenticated by the signature of an individual on behalf of—

(a) a body of persons, the document must also state the position of that individual in relation to the body;

(b) a body corporate of which the individual is the sole member, the document must also state that fact.

Commencement Information

I12 Rule 256 in force at 12.11.2021, see rule 2

Electronic delivery — general E+W

257.—(1) A notice or other document may be given, delivered or sent by electronic means unless in any particular case some other form of delivery is required by the Regulations or these Rules or an order of the court, provided that the intended recipient of the notice or other document has—

(a) given actual consent (whether in the specific case or generally) to electronic delivery and has—

(i) not revoked that consent, and

(ii) provided an electronic address for delivery;

(b) given deemed consent in accordance with paragraph (2) (in which case the electronic address for delivery shall be the address used by the institution for communications with the intended recipient before the special administration commenced) and has not revoked that consent.

(2) For the purposes of paragraph (1) an intended recipient is deemed to have consented to the electronic delivery of a notice or other document by the administrator where the intended recipient and the institution had customarily communicated with each other by electronic means before the special administration commenced.

(3) In the absence of evidence to the contrary, a notice or other document is presumed to have been delivered by electronic means where the sender can produce a copy of the electronic communication which—

(a) contains the notice or other document, or to which the notice or other document was attached, and

(b) shows the time and date the electronic communication was sent and the electronic address to which it was sent.

(4) A document sent electronically is deemed to have been delivered to the recipient at 9.00am on the next business day after it was sent.

(5) Paragraph (4) does not apply in respect of notices or other documents sent electronically under Part 2.

Commencement Information

I13 Rule 257 in force at 12.11.2021, see rule 2

Electronic delivery by administrator E+W

258.—(1) Where the administrator gives, sends or delivers a notice or other document to any person by electronic means, the notice or document must contain or be accompanied by a statement—

(a) that the recipient may request a hard copy of the notice or document, and

(b) specifying a telephone number, e-mail address and postal address which may be used to make that request.

(2) Where a hard copy of the notice or other document is requested, it must be sent free of charge within five business days of receipt of the request by the administrator.

Commencement Information

I14 Rule 258 in force at 12.11.2021, see rule 2

Use of websites by administrator E+W

259.—(1) This rule applies for the purposes of section 246B.

(2) Where the administrator is required to give, deliver or send a notice or other document to any person (other than in a case where personal service is required), the administrator may satisfy that requirement by sending that person a notice which contains—

(a) a statement that the notice or other document is available for viewing and downloading on a website,

(b) the address of that website together with any password necessary to view and download the notice or other document from that site, and

(c) a statement that the person to whom the notice is given, delivered or sent may request a hard copy of the notice or other document and specifying a telephone number, e-mail address and postal address which may be used to make that request.

(3) Where a notice to which this rule applies is sent, the notice or other document to which it relates must—

(a) be available on the website for a period of not less than two months after the end of the special administration or (if later) the release of the last person to hold office as administrator in the special administration, and

(b) be in a format that enables it to be downloaded from the website within a reasonable time of a request being made for it to be downloaded.

(4) Where a hard copy of the document is requested it must be sent free of charge within five business days of the receipt of the request by the administrator.

(5) Where a document is given, delivered or sent to a person by means of a website in accordance with this rule, it is deemed to have been delivered—

(a) when the document was first made available on the website, or

(b) if later, when the notice under paragraph (2) was delivered to that person.

Commencement Information

I15 Rule 259 in force at 12.11.2021, see rule 2

General use of websites to deliver notices and other documents E+W

260.—(1) The administrator may deliver a notice to each person to whom a notice or other document will be required to be given, delivered or sent in the special administration which contains—

(a) a statement that—

(i) future notices or other documents in the special administration other than those mentioned in paragraph (2) will be made available for viewing and downloading on a website without notice to the recipient, and

(ii) the administrator will not be obliged to deliver, give or send any such notices or other documents to the recipient of the notice unless it is requested by that person,

(b) a statement that the recipient of the notice may at any time request a hard copy of any or all of the following—

(i) all notices and other documents currently available for viewing on the website,

(ii) all future documents which may be made available there,

(c) a telephone number, email address and postal address which may be used to make a request for a hard copy of a notice or other document, and

(d) the address of the website, any password required to view and download a relevant document from that site.

(2) A statement under paragraph (1)(a) does not apply to the following notices or other documents—

(a) a notice or other document for which personal delivery is required,

(b) a notice under rule 116 of intention to declare a dividend, and

(c) a notice or other document which is not delivered, given or sent generally.

(3) A notice or other document is delivered, given or sent generally if it is delivered, given or sent to some or all of the following classes of persons—

(a) members;

(b) contributories;

(c) creditors;

(d) customers;

(e) any class of members, contributories, customers or creditors.

(4) An administrator who has delivered a notice under paragraph (1) is under no obligation—

(a) to notify a person to whom the notice has been delivered when a notice or other document to which the notice applies has been made available on the website, or

(b) to deliver a hard copy of such a notice or other document unless a request is received under paragraph (1)(b).

(5) An administrator who receives a request under paragraph (1)(b)—

(a) in respect of a notice or other document which is already available on the website must deliver a hard copy of the notice or other document to the recipient free of charge within five business days of receipt of the request, and

(b) in respect of all future notices or other documents must deliver each such notice or other document in accordance with the requirements for delivery of such a notice or other document in the Regulations and these Rules.

(6) A document to which a statement under paragraph (1)(a) applies must—

(a) remain available on the website for a period of not less than two months after the end of the special administration or (if later) the release of the last person to hold office as administrator in the special administration, and

(b) must be in a format that enables it to be downloaded within a reasonable time of a request being made for it to be downloaded.

(7) A notice or other document which is delivered to a person by means of a website in accordance with this rule, is deemed to have been delivered—

(a) when that notice or other document was first made available on the website, or

(b) if later, when the notice under paragraph (1) was delivered to that person.

(8) Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(b)(ii) for hard copies of all future documents.

Commencement Information

I16 Rule 260 in force at 12.11.2021, see rule 2

Electronic delivery of special administration documents to court E+W

261.—(1) A notice or other document may not be delivered to a court by electronic means unless expressly permitted by the CPR, a practice direction, or these Rules.

(2) A document delivered to the court by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction or these Rules provide.

Commencement Information

I17 Rule 261 in force at 12.11.2021, see rule 2

Notice etc to joint administrators E+W

262.  Where there are joint office-holders in a special administration, delivery of a document to one of them is to be treated as delivery to all of them.

Commencement Information

I18 Rule 262 in force at 12.11.2021, see rule 2

Execution overtaken by judgment debtor’s insolvency E+W

263.—(1) This rule applies where execution has been taken out against property of a judgment debtor, and notice is given to the enforcement officer or other officer charged with the execution that the judgment debtor has entered special administration.

(2) Subject to rule 264, the notice must be delivered to the office of the enforcement officer or of the officer charged with the execution—

(a) by hand, or

(b) by any other means of delivery which enables proof of receipt of the document at the relevant address.

Commencement Information

I19 Rule 263 in force at 12.11.2021, see rule 2

Notice to enforcement officers E+W

264.—(1) This rule applies in relation to any provision of the Regulations or these Rules which makes provision for the giving of notice to an enforcement officer.

(2) Any notice under paragraph (1) may be given by electronic means to any person who has been authorised to receive such notice on behalf of a specified enforcement officer or on behalf of enforcement officers generally.

Commencement Information

I20 Rule 264 in force at 12.11.2021, see rule 2

Electronic submission of information E+W

265.—(1) A requirement under these Rules for prescribed information to be sent by any person to the Secretary of State, the Chief Land Registrar or the administrator shall be treated as having been satisfied where—

(a) the information is submitted electronically with the agreement of the person to whom the information is sent,

(b) the form in which the electronic submission is made satisfies the requirements of the person to whom the information is sent,

(c) all the prescribed information is provided in the electronic submission, and

(d) the person to whom the information is sent can provide in legible form the information so submitted.

(2) Where prescribed information is permitted to be sent electronically under paragraph (1), any requirement that the information be accompanied by a signature is taken to be satisfied—

(a) if the identity of the person who is supplying the information and whose signature is required is confirmed in a manner specified by the recipient, or

(b) where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the person who is providing the information, and the recipient has no reason to doubt the truth of that statement.

(3) Where prescribed information has been supplied to a person, whether or not it has been supplied electronically in accordance with paragraph (2), and a copy of that information is required to be supplied to another person falling within paragraph (1), the requirements contained in paragraph (2) apply in respect of the supply of the copy to that other person, as they apply in respect of the original.

Commencement Information

I21 Rule 265 in force at 12.11.2021, see rule 2

Contents of notices to be gazetted E+W

266.—(1) Subject to rule 268, where under the Regulations or these Rules a notice is gazetted, in addition to any content specifically required by the Regulations or any other provision of these Rules, the content of such a notice must be as set out in paragraph (2) and rule 267.

(2) All gazetted notices must specify insofar as it is applicable in relation to the particular notice—

(a) a statement that the proceedings are being held in the court and the court reference number,

(b) the name, business address and date of appointment of the administrator,

(c) either an e-mail address, or a telephone number, through which the administrator may be contacted,

(d) the name of any person other than the administrator (if any) who may be contacted regarding the proceedings, and

(e) the IP number of the administrator.

Commencement Information

I22 Rule 266 in force at 12.11.2021, see rule 2

Gazette notices relating to an institution that is a company E+W

267.  In addition to the information required by rule 266 a notice relating to an institution that is a company must specify—

(a) the registered name of the institution,

(b) its registered number,

(c) its registered office,

(d) any principal trading address if this is different from its registered office,

(e) any name under which it was registered in the twelve months prior to the date on which the institution entered special administration, and

(f) any name or style (other than its registered name) under which—

(i) the institution carried on business,

(ii) the institution received relevant funds from a customer, or

(iii) any debt owed to a creditor was incurred.

Commencement Information

I23 Rule 267 in force at 12.11.2021, see rule 2

Omission of unobtainable information E+W

268.  Information required under rule 266 or 267 to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it.

Commencement Information

I24 Rule 268 in force at 12.11.2021, see rule 2

The Gazette — general E+W

269.—(1) A copy of the Gazette containing any notice required by the Regulations or these Rules to be gazetted is evidence of any facts stated in the notice.

(2) In the case of an order of the court notice of which is required by the Regulations or these Rules to be gazetted, a copy of the Gazette containing the notice may in any proceedings be produced as conclusive evidence that the order was made on the date specified in the notice.

(3) Where—

(a) an order of the court which is gazetted has been varied, or

(b) any matter has been erroneously or inaccurately gazetted,

the person whose responsibility it was to procure the requisite entry in the Gazette must as soon as is reasonably practicable cause the variation of the order to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

Commencement Information

I25 Rule 269 in force at 12.11.2021, see rule 2

Content of notices advertised other than in the Gazette E+W

270.—(1) Subject to rule 272, where under the Regulations or these Rules a notice may be advertised otherwise than in the Gazette, in addition to any content specifically required by the Regulations or any other provision of these Rules, the content of such a notice must be as set out in paragraph and rule 271.

(2) All notices published must specify insofar as it is applicable in relation to the particular notice—

(a) the name and business address of the administrator acting in the special administration to which the notice relates, and

(b) either an e-mail address, or a telephone number, through which the administrator may be contacted.

Commencement Information

I26 Rule 270 in force at 12.11.2021, see rule 2

Non-Gazette notice relating to an institution that is a company E+W

271.  In addition to the information required by rule 270, a notice relating to an institution that is a company must state—

(a) the registered name of the institution,

(b) its registered number,

(c) any name under which it was registered in the twelve months prior to the date on which the institution entered special administration, and

(d) any name or style (other than its registered name) under which—

(i) the institution carried on business,

(ii) the institution received relevant funds from a customer, or

(iii) any debt owed to a creditor was incurred.

Commencement Information

I27 Rule 271 in force at 12.11.2021, see rule 2

Non-Gazette notices — other provisions E+W

272.—(1) The information required to be contained in a notice to which rules 270 and 271 apply must be included in the advertisement of that notice in a manner that is reasonably likely to ensure, in relation to the form of the advertising used, that a person reading, hearing or seeing the advertisement will be able to read, hear or see that information.

(2) Information required under rule 270 or 271 to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

Commencement Information

I28 Rule 272 in force at 12.11.2021, see rule 2

CHAPTER 4 E+W Notifications to the registrar of companies

Application of Chapter 4 E+W

273.  This Chapter applies where a return, notice, document or other information is to be sent or delivered to the registrar of companies under the Regulations or these Rules. For the purposes of this Chapter, “notification” means any return, notice, document or other information which is to be sent or delivered to the registrar of companies,

Commencement Information

I29 Rule 273 in force at 12.11.2021, see rule 2

Information to be contained in all notifications to the registrar of companies E+W

274.—(1) A notification to be sent to the registrar of companies under the Regulations or these Rules must specify—

(a) the registered name of the institution;

(b) its registered number;

(c) the nature of the notification;

(d) the regulation or the rule under which the notification is made;

(e) the date of the notification;

(f) the name and postal address of the person sending or delivering the notification;

(g) the capacity in which that person is acting in respect of the institution.

(2) The notification must be authenticated by the person sending or delivering the notification.

Commencement Information

I30 Rule 274 in force at 12.11.2021, see rule 2

Notification relating to the administrator E+W

275.  In addition to the information required by rule 274, a notification relating to the office of the administrator must also specify—

(a) the name and business address of the administrator,

(b) the date of the event notified,

(c) where the notification relates to an appointment, the person, body or court making the appointment, and

(d) where the notification relates to the termination of an appointment, the reason for that termination (for example, resignation).

Commencement Information

I31 Rule 275 in force at 12.11.2021, see rule 2

Notifications relating to documents E+W

276.  In addition to the information required by rule 274, a notification relating to a document other than a court order must also specify—

(a) the nature of the document, and

(b) either—

(i) the date of the document, or

(ii) where the document relates to a period of time, the period of time to which the document relates.

Commencement Information

I32 Rule 276 in force at 12.11.2021, see rule 2

Notifications relating to court orders E+W

277.  In addition to the information required by rule 274, a notification relating to a court order must also specify—

(a) the nature of the court order, and

(b) the date of the order.

Commencement Information

I33 Rule 277 in force at 12.11.2021, see rule 2

Notifications relating to other events E+W

278.  In addition to the information required by rule 274, a notification relating to any other event (for example the coming into force of a moratorium) must specify—

(a) the nature of the event including the regulation or rule under which it took place, and

(b) the date the event occurred.

Commencement Information

I34 Rule 278 in force at 12.11.2021, see rule 2

Notifications of more than one nature E+W

279.  A notification which includes two or more of the types of notification set out in rules 274 to 278 must satisfy the requirements applying in respect of each of those notifications.

Commencement Information

I35 Rule 279 in force at 12.11.2021, see rule 2

Notifications made to other persons at the same time E+W

280.—(1) Where under the Regulations or these Rules a notification is to be sent to another person at the same time that it is to be sent to the registrar of companies, that requirement may be satisfied by sending to that other person a copy of the notification sent to the registrar of companies.

(2) Paragraph (1) does not apply—

(a) where additional information is prescribed for the notification to the other person, or

(b) where the notification to the registrar of companies is incomplete.

Commencement Information

I36 Rule 280 in force at 12.11.2021, see rule 2

CHAPTER 5 E+W Further provisions concerning documents

Confidentiality of documents — grounds for refusing inspection E+W

281.—(1) The administrator may refuse inspection of a document which forms part of the records of the special administration by a person who would otherwise be entitled to inspect it where the administrator considers that the document—

(a) should be treated as confidential, or

(b) is of such a nature that its disclosure would be prejudicial to the conduct of the special administration or might reasonably be expected to lead to violence against any person.

(2) The persons to whom the administrator may refuse inspection under this rule include members of the creditors’ committee.

(3) Where under this rule the administrator determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.

Commencement Information

I37 Rule 281 in force at 12.11.2021, see rule 2

Right to copy documents E+W

282.  Where the Regulations or these Rules confer a right for any person to inspect documents, the right includes that of obtaining copies of those documents, on payment—

(a) in the case of documents on the court’s file of proceedings, of the fee chargeable under any order made under section 92 of the Courts Act 2003(3), and

(b) in any other case, of the appropriate fee.

Commencement Information

I38 Rule 282 in force at 12.11.2021, see rule 2

Charges for copy documents E+W

283.  Except where prohibited by these Rules, the administrator is entitled to require the payment of the appropriate fee for the supply of documents requested by a creditor, customer, member, contributory or member of the creditors’ committee.

Commencement Information

I39 Rule 283 in force at 12.11.2021, see rule 2

Right to have list of creditors E+W

284.—(1) A creditor has the right to require the administrator to provide a list of the creditors and the amounts of their respective debts unless paragraph (5) applies.

(2) The administrator on being required to furnish the list under paragraph (1)—

(a) must send it to the person requiring the list to be furnished as soon as is reasonably practicable, and

(b) may charge the appropriate fee for doing so.

(3) Where any of the creditors of the institution are either—

(a) employees or former employees of the institution, or

(b) consumers claiming amounts paid in advance for the supply of goods or services,

the list furnished under paragraph (2) shall state the number of employees or former employees of the institution and the total of the debts owed to them, and the number of consumers claiming amounts paid in advance for the supply of goods or services and the total of the debts owed to them, but shall not include the names and addresses of such creditors.

(4) The name and address of any creditor may be omitted from the list furnished under paragraph (2) where the administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person provided that—

(a) the amount of the debt in question is shown in the list, and

(b) a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt.

(5) Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies.

Commencement Information

I40 Rule 284 in force at 12.11.2021, see rule 2

CHAPTER 6 E+W Time limits and security

Time limits E+W

285.—(1) The provisions of CPR rule 2.8(4) apply, as regards computation of time, to anything required or authorised to be done by these Rules.

(2) The provisions of CPR rule 3.1(2)(a) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.

Commencement Information

I41 Rule 285 in force at 12.11.2021, see rule 2

Administrator’s security E+W

286.—(1) Wherever under these Rules any person has to appoint or certify the appointment of an administrator, that person must, before making or certifying the appointment, be satisfied that the person appointed or to be appointed has security for the proper performance of that office.

(2) It is the duty of the creditors’ committee to review from time to time the adequacy of the administrator’s security.

(3) The cost of the administrator’s security must be paid as an expense of the proceedings.

Commencement Information

I42 Rule 286 in force at 12.11.2021, see rule 2

CHAPTER 7 E+W Transfer of proceedings

Proceedings commenced in the wrong court E+W

287.  Where a special administration is commenced in a court other than the High Court, that court may order the transfer of the proceedings to the High Court.

Commencement Information

I43 Rule 287 in force at 12.11.2021, see rule 2

Proceedings other than special administration commenced E+W

288.—(1) The FCA may apply to the court to order that the proceedings be converted to a special administration where—

(a) a winding up order or an administration order has been made in respect of an institution, or

(b) a resolution has been made for the winding up of or for the appointment of an administrator of an institution.

(2) In making an order under paragraph (1) the court may give such directions as it sees fit, including directions as to the former officer-holder’s remuneration and expenses.

(3) An application under paragraph (1) may be made without notice.

(4) Without prejudice to the generality of the court’s power in paragraph (2), where the person appointed as office-holder under the original proceedings (“P”) is not the same person as the administrator in the special administration, the court may direct that—

(a) P be sent a copy of the order under paragraph (1) by the administrator,

(b) P hand over—

(i) the records of the original proceedings, including correspondence, proofs and other related papers appertaining to those proceedings while they were within P’s responsibility,

(ii) the institution’s books, papers and other records, and

(iii) all the assets of the institution and the relevant funds held by the institution in P’s possession.

(5) In this rule –

(a) “office-holder” means provisional liquidator, liquidator or administrator as the case may be, and

(b) “original proceedings” means the proceedings following the making of the winding up order, the administration order or the resolution referred to in paragraph (1).

Commencement Information

I44 Rule 288 in force at 12.11.2021, see rule 2

(1)

2002 c. 9.

(2)

2000 c. 8.

(3)

2003 c. 39.

(4)

CPR rule 2.8 was amended by S.I. 2009/3390.