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

PART 8 The Nuclear Administrator

Fixing of remuneration

84.—(1) The nuclear administrator is entitled to receive remuneration for services as nuclear administrator.

(2) The remuneration must be fixed by reference to the time properly given by the nuclear administrator and the nuclear administrator’s staff in attending to matters arising in the relevant licensee nuclear company administration.

(3) The nuclear administrator must make an application to court for the remuneration to be fixed by the court.

(4) The nuclear administrator must deliver at least 14 days’ notice of the nuclear administrator’s application to the following, who may appear or be represented—

(a) the Secretary of State;

(b) the Gas and Electricity Markets Authority;

(c) the creditors of the relevant licensee nuclear company.

(5) In fixing the remuneration, the court must have regard to the following matters—

(a) the complexity (or otherwise) of the case;

(b) any respects in which, in connection with the relevant licensee nuclear company’s affairs, there falls on the nuclear administrator any responsibility of an exceptional kind or degree;

(c) the effectiveness with which the nuclear administrator appears to be carrying out, or to have carried out, the nuclear administrator’s duties as such;

(d) the value and nature of the property with which the nuclear administrator has to deal.

(6) Where there are joint nuclear administrators, it is for them to agree between themselves how the remuneration payable should be apportioned.

(7) Any dispute arising between joint nuclear administrators in connection with paragraph (6) may be referred to the court for settlement by order.

(8) If the nuclear administrator is a solicitor and employs the nuclear administrator’s own firm, or any partner in it, to act on behalf of the relevant licensee nuclear company, profit costs must not be paid unless this is authorised by the court.

Remuneration of new nuclear administrator

85.  If a new nuclear administrator is appointed in place of another, any court order in effect under rule 84 immediately before the former nuclear administrator ceased to hold office continues to apply in respect of the remuneration of the new nuclear administrator until a further court order is made in accordance with those provisions.