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

Notification and advertisement of nuclear administrator’s appointment

13.—(1) The nuclear administrator must, as soon as reasonably practicable after the date of the RLNC administration order, deliver a notice of the appointment—

(a) if the application for the RLNC administration order was made by the Secretary of State, to the Gas and Electricity Markets Authority;

(b) if the application for the RLNC administration order was made by the Gas and Electricity Markets Authority, to the Secretary of State;

(c) to any holder of a qualifying floating charge who, to the nuclear administrator’s knowledge, has served notice in accordance with section 163 of the 2004 Act that the person is seeking to appoint an administrator;

(d) if a receiver or an administrative receiver has been appointed, to that person;

(e) to 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, in relation to the relevant licensee nuclear company;

(f) if there is pending a petition for the winding up of the relevant licensee nuclear company, to the petitioner and also to the provisional liquidator, if any;

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

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

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

(j) to any enforcement agent, enforcement officer or other officer who, to the nuclear administrator’s knowledge, is charged with distress or other legal process against the relevant licensee nuclear company or its property;

(k) to any person who, to the nuclear administrator’s knowledge, has distrained against the relevant licensee nuclear company or its property.

(2) The notice of appointment must state the following—

(a) that a nuclear administrator has been appointed;

(b) the date of the appointment.

(3) The nuclear administrator—

(a) must, as soon as reasonably practicable after the date of the RLNC administration order, have gazetted the notice of appointment;

(b) may advertise the notice of appointment in such other manner as the nuclear administrator thinks fit.

(4) Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the nuclear administrator is required to deliver a notice of the appointment to any person, the notice must—

(a) be headed “Notice of nuclear administrator’s appointment”,

(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,

(c) contain the nuclear administrator’s name, address and IP number;

(d) state that the person mentioned in sub-paragraph (c) has been appointed as nuclear administrator of the relevant licensee nuclear company.

(5) The notice must be authenticated and dated by the nuclear administrator.