The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 No. 712 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Introduction
1.Citation, commencement and extent
2.Application
3.Interpretation
4.Interpretation: “debt”; “liability”
PART 2 Application for an RLNC administration order
5.Form of application
6.Proposed nuclear administrator’s statement and consent to act
7.Witness statement in support of application
8.Filing of application
9.Service of application
10.Notice to officers charged with distress or other legal process
11.The hearing
12.Notice of relevant licensee nuclear company administration order
PART 3 Process of relevant licensee nuclear company administration
13.Notification and advertisement of nuclear administrator’s appointment
14.Notice requiring statement of affairs
15.Statement of affairs: content
16.Statement of concurrence
17.Statement of affairs: filing, etc.
18.Statement of affairs: limited disclosure
19.Release from duty to submit statement of affairs; extension of time
20.Expenses of statement of affairs and statement of concurrence
21.Nuclear administrator’s proposals
22.Statement of pre-relevant-licensee-nuclear-company-administration costs
23.Ancillary provisions about delivery of nuclear administrator’s proposals
24.Limited disclosure: nuclear administrator’s proposals
25.Revision of the nuclear administrator’s proposals
26.Reports
PART 4 Creditors’ decisions and company meetings
CHAPTER 1 Creditors’ decisions
27.Application
28.Creditors’ decisions
29.Creditors’ decisions for the nomination of an alternative liquidator
30.Decision making
CHAPTER 2 Company Meetings
31.Application
32.Venue and conduct of company meeting
33.Proxies and representatives
34.Remote attendance at meetings: request to specify a place
35.Action where person excluded
36.Indication to excluded person
37.Complaint by or in relation to excluded persons, etc.
38.Notice of meetings by advertisement only
39.Non-receipt of notice of meeting
PART 5 Disposal of Charged Property
40.Authority to dispose of property
PART 6 Expenses of the Relevant Licensee Nuclear Company Administration
41.Expenses
42.Priority of expenses of relevant licensee nuclear company administration
43.Pre-relevant-licensee-nuclear-company-administration costs
PART 7 Claims by and Distributions to Creditors
CHAPTER 1 Machinery of Proving a Debt
44.Proving a debt
45.Provable debts
46.Costs of proving
47.Nuclear administrator to allow inspection of proofs
48.Appointment of new nuclear administrator: proofs
49.Admission and rejection of proofs for dividend
50.Appeal against decision on proof
51.Withdrawal or variation of proof
52.Exclusion of proof by the court
CHAPTER 2 Quantification of Claims
53.Estimate of value of debt
54.Discounts
55.Mutual credits and set off
56.Debt in foreign currency
57.Payments of a periodical nature
58.Interest
59.Debt payable at future time
60.Voluntary surrender of security
61.Value of security
62.Surrender for non-disclosure
63.Redemption by nuclear administrator
64.Test of security’s value
65.Realisation of security by creditor
CHAPTER 3 Distributions
66.Distribution to creditors generally
67.Debts of insolvent relevant licensee nuclear company to rank equally
68.Supplementary provisions as to dividend
69.Notice of proposed distribution
70.Further contents of notice to creditors owed small debts, etc.
71.Sole or final dividend
72.Admission or rejection of proofs following last date for proving
73.Postponement or cancellation of dividend
74.Declaration of dividend
75.Notice of declaration of a dividend
76.Payments of dividends and related matters
77.Notice of no dividend, or no further dividend
78.Proof altered after payment of dividend
79.Secured creditors
80.Disqualification from dividend
81.Assignment of right to dividend
82.Adjustment where dividend paid before time
83.Division of unsold assets
PART 8 The Nuclear Administrator
84.Fixing of remuneration
85.Remuneration of new nuclear administrator
PART 9 Ending Relevant Licensee Nuclear Company Administration
86.Interpretation: final progress reports, etc.
87.Application to court
88.Notification by nuclear administrator of court order
89.Moving from relevant licensee nuclear company administration to creditors’ voluntary liquidation
90.Moving from relevant licensee nuclear company administration to dissolution
91.Provision of information to the Secretary of State
PART 10 Replacing the Nuclear Administrator
92.Grounds for resignation
93.Notice of intention to resign
94.Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2)
95.Application to court to remove nuclear administrator from office
96.Notice of vacation of office when nuclear administrator ceases to be qualified to act
97.Nuclear administrator deceased
98.Application to replace
99.Appointment of replacement or additional nuclear administrator
100.Nuclear administrator’s duties on vacating office
PART 11 Court Procedure and Practice
CHAPTER 1 Applications
101.Preliminary
102.Contents of application
103.Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
104.Notice of order under section 176A(5) of the 1986 Act
105.Filing and service of application
106.Hearings without notice
107.Hearing of application
108.Witness statements
109.Use of reports
110.Directions and adjournment
CHAPTER 2 Enforcement Procedures
111.Enforcement of court orders
112.Orders enforcing compliance
113.Warrant under section 236 of the 1986 Act
CHAPTER 3 The Court File
114.Court file
115.Office copies of documents
CHAPTER 4 Costs and Detailed Assessment
116.Application and interpretation
117.Requirement to assess costs by the detailed procedure
118.Procedure where detailed assessment required
119.Costs paid otherwise than out of the assets of the relevant licensee nuclear company
120.Award of costs against nuclear administrator
121.Application for costs
122.Costs and expenses of witnesses
123.Final costs certificate
CHAPTER 5 Persons who Lack Capacity to Manage their Affairs
124.Introduction
125.Appointment of another person to act
126.Witness statement in support of application
127.Service of notices following appointment
CHAPTER 6 Appeals in Relevant Licensee Nuclear Company Administration Proceedings
128.Appeals and reviews
129.Procedure on appeal
CHAPTER 7 General
130.Principal court rules and practice to apply
131.Performance of functions by the court
132.Rights of audience
133.Formal defects
134.Shorthand writers
135.Payment into court
136.Further information and disclosure
137.Court orders
PART 12 Examination of Persons in Relevant Licensee Nuclear Company Administration Proceedings
138.Application and interpretation
139.Contents of application
140.Order for examination, etc.
141.Procedure for examination
142.Record of examination
143.Cost of proceedings under section 236
PART 13 Provisions of General Effect
CHAPTER 1 Delivery of Documents
144.Application
145.Personal delivery of documents
146.Delivery of documents by post (or document exchange)
147.Delivery of documents to authorised recipients
148.Delivery of documents to joint nuclear administrators
149.Electronic delivery of documents
150.Electronic delivery of documents to the court
151.Electronic delivery of notices to enforcement officers, etc.
152.Electronic delivery by nuclear administrators
153.Use of website by nuclear administrator to deliver a particular document
154.General use of website to deliver documents
155.Proof of delivery of documents
CHAPTER 2 Form and Content of Documents
156.Requirement for writing and form of documents
157.Authentication
CHAPTER 3 Service of Documents
158.Application
159.Service of relevant licensee nuclear company administration application
160.Service on joint nuclear administrators
161.Service of orders staying proceedings
162.Certificate of service
CHAPTER 4 Gazette Notices
163.Contents of notices to be gazetted under the 1986 Act or these Rules
164.Omission of unobtainable information
165.The Gazette: general
CHAPTER 5 Notices Advertised Otherwise than in the Gazette
166.Notices otherwise advertised under the 1986 Act or these Rules
167.Non-Gazette notices: other provisions
CHAPTER 6 Documents Delivered to the Registrar of Companies
168.Application
169.Information to be contained in all documents delivered to the registrar
170.Documents relating to the office of nuclear administrators
171.Documents relating to other documents
172.Documents relating to court orders
173.Reports of meetings
174.Documents relating to other events
175.Documents of more than one type
176.Documents delivered to other persons at the same time
CHAPTER 7 Inspection of Documents and the Provision of Information
177.Confidentiality of documents: grounds for refusing inspection
178.Right to copies of documents
179.Charges for copies of documents
180.Right to list of creditors
CHAPTER 8 Time
181.Calculation of time periods
PART 14 Miscellaneous
182.False claim of status as creditor, etc.
183.Punishment of offences
184.Review
Signature
SCHEDULE
Punishment of Offences under these Rules
Explanatory Note