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
I1Rule 253 in force at 12.11.2021, see rule 2
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
I2Rule 254 in force at 12.11.2021, see rule 2
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
I3Rule 255 in force at 12.11.2021, see rule 2
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
I4Rule 256 in force at 12.11.2021, see rule 2
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
I5Rule 257 in force at 12.11.2021, see rule 2
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
I6Rule 258 in force at 12.11.2021, see rule 2
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
I7Rule 259 in force at 12.11.2021, see rule 2
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
I8Rule 260 in force at 12.11.2021, see rule 2
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
I9Rule 261 in force at 12.11.2021, see rule 2
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
I10Rule 262 in force at 12.11.2021, see rule 2
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
I11Rule 263 in force at 12.11.2021, see rule 2
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
I12Rule 264 in force at 12.11.2021, see rule 2
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
I13Rule 265 in force at 12.11.2021, see rule 2
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
I14Rule 266 in force at 12.11.2021, see rule 2
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
I15Rule 267 in force at 12.11.2021, see rule 2
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
I16Rule 268 in force at 12.11.2021, see rule 2
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
I17Rule 269 in force at 12.11.2021, see rule 2
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
I18Rule 270 in force at 12.11.2021, see rule 2
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
I19Rule 271 in force at 12.11.2021, see rule 2
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
I20Rule 272 in force at 12.11.2021, see rule 2