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The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023
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Limited disclosure: nuclear administrator’s proposals
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24.—(1) If the nuclear administrator thinks that it would prejudice the conduct of the relevant licensee nuclear company administration or might reasonably be expected to lead to violence against any person for any of the matters specified in rule 21(2)(h) and (i) to be disclosed, the nuclear administrator may apply to the court for an order in relation to any specified part of the statement of proposals.
(2) The court may, on an application under paragraph (1), order that some or all of the specified part of the statement must not be delivered to—
(a)the registrar of companies, or
(b)creditors or members of the relevant licensee nuclear company.
(3) On the making of an order under paragraph (2), the nuclear administrator must as soon as reasonably practicable deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act—
(a)the statement of proposals (to the extent provided by the order);
(b)an indication of the nature of the matter in relation to which the order was made.
(4) The nuclear administrator must also deliver a copy of the order to the registrar of companies.
(5) A creditor may apply to the court for an order that the nuclear administrator disclose any part of a statement of proposals in relation to which an order has been made under paragraph (2).
(6) The application under paragraph (5) must be supported by a witness statement.
(7) The applicant must deliver to the nuclear administrator notice of the application under paragraph (5) at least three business days before the hearing.
(8) The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just.
(9) If there is a material change in circumstances rendering an order under paragraph (2) wholly or partially unnecessary, the nuclear administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended.
(10) The nuclear administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act—
(a)a copy of the statement of proposals to the extent provided by the order;
(b)an indication of the nature of the matter in relation to which the order was made.
(11) The provisions of CPR Part 31 and practice direction 57AD do not apply to any application under this rule.
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