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

The hearing

11.—(1) At the hearing of the relevant licensee nuclear company administration application, any of the following may appear or be represented—

(a) the person proposed for appointment as nuclear administrator;

(b) the relevant licensee nuclear company;

(c) the Secretary of State;

(d) the Gas and Electricity Markets Authority;

(e) one or more of the directors of the relevant licensee nuclear company;

(f) any person that is the holder of a qualifying floating charge;

(g) if an administrative receiver has been appointed, that person;

(h) any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act;

(i) any person who has presented a petition for the winding up of the relevant licensee nuclear company;

(j) if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person;

(k) any supervisor of a voluntary arrangement under Part 1 of the 1986 Act;

(l) any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over the property of the relevant licensee nuclear company;

(m) with the permission of the court, any other person who appears to have an interest justifying the person’s appearance.

(2) Where the court makes an RLNC administration order, the order must—

(a) be headed “Relevant licensee nuclear company administration order”;

(b) include immediately below the heading—

(i) the full name, registered address, registered number and any other trading names of the relevant licensee nuclear company;

(ii) details of the court where the proceedings are and the relevant court reference number, and

(c) set out each matter specified in paragraph (3) and, where applicable, paragraph (4).

(3) The matters are—

(a) the name and title of the judge making the order;

(b) the address for service of the applicant;

(c) details of any other parties, including the relevant licensee nuclear company, appearing and, where applicable, by whom each such party is represented;

(d) an order that during the period the order is in force the affairs, business and property of the relevant licensee nuclear company are to be managed by the nuclear administrator;

(e) the name of the person appointed as nuclear administrator;

(f) an order that the person is appointed as nuclear administrator of the relevant licensee nuclear company;

(g) the date of the order, and, if the court so directs, the time;

(h) such other provisions, if any, as the court thinks just.

(4) Where two or more nuclear administrators are appointed the order must also specify—

(a) which functions, if any, are to be exercised by those persons acting jointly, and

(b) which functions, if any, are to be exercised by any or all of those persons.

(5) If the court makes an RLNC administration order, the costs of the applicant, and of any other persons whose costs are allowed by the court, are payable as an expense of the relevant licensee nuclear company administration.