The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023

PART 1Introduction

1Citation, commencement and extent

3Interpretation

4Interpretation: “debt”; “liability”

PART 2Application for an RLNC administration order

5Form of application

6Proposed nuclear administrator’s statement and consent to act

7Witness statement in support of application

8Filing of application

9Service of application

10Notice to officers charged with distress or other legal process

12Notice of relevant licensee nuclear company administration order

PART 3Process of relevant licensee nuclear company administration

13Notification and advertisement of nuclear administrator’s appointment

14Notice requiring statement of affairs

15Statement of affairs: content

16Statement of concurrence

17Statement of affairs: filing, etc.

18Statement of affairs: limited disclosure

19Release from duty to submit statement of affairs; extension of time

20Expenses of statement of affairs and statement of concurrence

21Nuclear administrator’s proposals

22Statement of pre-relevant-licensee-nuclear-company-administration costs

23Ancillary provisions about delivery of nuclear administrator’s proposals

24Limited disclosure: nuclear administrator’s proposals

25Revision of the nuclear administrator’s proposals

PART 4Creditors’ decisions and company meetings

CHAPTER 1Creditors’ decisions

28Creditors’ decisions

29Creditors’ decisions for the nomination of an alternative liquidator

30Decision making

CHAPTER 2Company Meetings

32Venue and conduct of company meeting

33Proxies and representatives

34Remote attendance at meetings: request to specify a place

35Action where person excluded

36Indication to excluded person

37Complaint by or in relation to excluded persons, etc.

38Notice of meetings by advertisement only

39Non-receipt of notice of meeting

PART 5Disposal of Charged Property

40Authority to dispose of property

PART 6Expenses of the Relevant Licensee Nuclear Company Administration

42Priority of expenses of relevant licensee nuclear company administration

43Pre-relevant-licensee-nuclear-company-administration costs

PART 7Claims by and Distributions to Creditors

CHAPTER 1Machinery of Proving a Debt

44Proving a debt

45Provable debts

46Costs of proving

47Nuclear administrator to allow inspection of proofs

48Appointment of new nuclear administrator: proofs

49Admission and rejection of proofs for dividend

50Appeal against decision on proof

51Withdrawal or variation of proof

52Exclusion of proof by the court

CHAPTER 2Quantification of Claims

53Estimate of value of debt

55Mutual credits and set off

56Debt in foreign currency

57Payments of a periodical nature

59Debt payable at future time

60Voluntary surrender of security

61Value of security

62Surrender for non-disclosure

63Redemption by nuclear administrator

64Test of security’s value

65Realisation of security by creditor

CHAPTER 3Distributions

66Distribution to creditors generally

67Debts of insolvent relevant licensee nuclear company to rank equally

68Supplementary provisions as to dividend

69Notice of proposed distribution

70Further contents of notice to creditors owed small debts, etc.

71Sole or final dividend

72Admission or rejection of proofs following last date for proving

73Postponement or cancellation of dividend

74Declaration of dividend

75Notice of declaration of a dividend

76Payments of dividends and related matters

77Notice of no dividend, or no further dividend

78Proof altered after payment of dividend

79Secured creditors

80Disqualification from dividend

81Assignment of right to dividend

82Adjustment where dividend paid before time

83Division of unsold assets

PART 8The Nuclear Administrator

84Fixing of remuneration

85Remuneration of new nuclear administrator

PART 9Ending Relevant Licensee Nuclear Company Administration

86Interpretation: final progress reports, etc.

87Application to court

88Notification by nuclear administrator of court order

89Moving from relevant licensee nuclear company administration to creditors’ voluntary liquidation

90Moving from relevant licensee nuclear company administration to dissolution

91Provision of information to the Secretary of State

PART 10Replacing the Nuclear Administrator

92Grounds for resignation

93Notice of intention to resign

94Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2)

95Application to court to remove nuclear administrator from office

96Notice of vacation of office when nuclear administrator ceases to be qualified to act

97Nuclear administrator deceased

98Application to replace

99Appointment of replacement or additional nuclear administrator

100Nuclear administrator’s duties on vacating office

PART 11Court Procedure and Practice

CHAPTER 1Applications

102Contents of application

103Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act

104Notice of order under section 176A(5) of the 1986 Act

105Filing and service of application

106Hearings without notice

107Hearing of application

108Witness statements

109Use of reports

110Directions and adjournment

CHAPTER 2Enforcement Procedures

111Enforcement of court orders

112Orders enforcing compliance

113Warrant under section 236 of the 1986 Act

CHAPTER 3The Court File

115Office copies of documents

CHAPTER 4Costs and Detailed Assessment

116Application and interpretation

117Requirement to assess costs by the detailed procedure

118Procedure where detailed assessment required

119Costs paid otherwise than out of the assets of the relevant licensee nuclear company

120Award of costs against nuclear administrator

121Application for costs

122Costs and expenses of witnesses

123Final costs certificate

CHAPTER 5Persons who Lack Capacity to Manage their Affairs

124Introduction

125Appointment of another person to act

126Witness statement in support of application

127Service of notices following appointment

CHAPTER 6Appeals in Relevant Licensee Nuclear Company Administration Proceedings

128Appeals and reviews

129Procedure on appeal

CHAPTER 7General

130Principal court rules and practice to apply

131Performance of functions by the court

132Rights of audience

133Formal defects

134Shorthand writers

135Payment into court

136Further information and disclosure

137Court orders

PART 12Examination of Persons in Relevant Licensee Nuclear Company Administration Proceedings

138Application and interpretation

139Contents of application

140Order for examination, etc.

141Procedure for examination

142Record of examination

143Cost of proceedings under section 236

PART 13Provisions of General Effect

CHAPTER 1Delivery of Documents

145Personal delivery of documents

146Delivery of documents by post (or document exchange)

147Delivery of documents to authorised recipients

148Delivery of documents to joint nuclear administrators

149Electronic delivery of documents

150Electronic delivery of documents to the court

151Electronic delivery of notices to enforcement officers, etc.

152Electronic delivery by nuclear administrators

153Use of website by nuclear administrator to deliver a particular document

154General use of website to deliver documents

155Proof of delivery of documents

CHAPTER 2Form and Content of Documents

156Requirement for writing and form of documents

157Authentication

CHAPTER 3Service of Documents

159Service of relevant licensee nuclear company administration application

160Service on joint nuclear administrators

161Service of orders staying proceedings

162Certificate of service

CHAPTER 4Gazette Notices

163Contents of notices to be gazetted under the 1986 Act or these Rules

164Omission of unobtainable information

165The Gazette: general

CHAPTER 5Notices Advertised Otherwise than in the Gazette

166Notices otherwise advertised under the 1986 Act or these Rules

167Non-Gazette notices: other provisions

CHAPTER 6Documents Delivered to the Registrar of Companies

169Information to be contained in all documents delivered to the registrar

170Documents relating to the office of nuclear administrators

171Documents relating to other documents

172Documents relating to court orders

173Reports of meetings

174Documents relating to other events

175Documents of more than one type

176Documents delivered to other persons at the same time

CHAPTER 7Inspection of Documents and the Provision of Information

177Confidentiality of documents: grounds for refusing inspection

178Right to copies of documents

179Charges for copies of documents

180Right to list of creditors

181Calculation of time periods

PART 14Miscellaneous

182False claim of status as creditor, etc.

183Punishment of offences

SCHEDULEPunishment of Offences under these Rules

2023 No. 712

Insolvency, England And Wales

The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023

Made22nd June 2023

Laid before Parliament27th June 2023

Coming into force18th July 2023

The Lord Chancellor makes the following Rules, in exercise of powers conferred by section 411 of the Insolvency Act 19861 and section 159(3) of the Energy Act 20042, as applied by section 33 of the Nuclear Energy (Financing) Act 20223.

The Rules are made with the concurrence of the Secretary of State and, in the case of those rules which affect court procedure, of the Chancellor of the High Court (as nominee of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986). The Lord Chancellor has consulted the Insolvency Rules Committee in accordance with section 413(2) of the Insolvency Act 19864.