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

Revision of the nuclear administrator’s proposals

25.—(1) Where paragraph 54(2) of Schedule B1 to the 1986 Act(1) applies, the nuclear administrator must, as soon as reasonably practicable—

(a) make a statement setting out the revisions to the nuclear administrator’s proposals;

(b) send the statement to all those to whom the nuclear administrator is required to send a copy of the revised proposals (see paragraph 54(2)(b) and (c)).

(2) The statement of revised proposals must—

(a) be headed “Statement of nuclear administrator’s revised proposals”;

(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.

(3) The statement of revised proposals must include the following—

(a) details relating to the nuclear administrator’s appointment, including the date of appointment and whether the relevant licensee nuclear company administration application was made by the Secretary of State or the Gas and Electricity Markets Authority;

(b) the names of the directors and secretary of the relevant licensee nuclear company and details of any shareholdings in the relevant licensee nuclear company they may have;

(c) a summary of the original proposals and the reasons for the revision;

(d) details of the revision including details of the nuclear administrator’s assessment of the likely impact of the revision upon creditors generally or upon each class of creditors;

(e) where the revision relates to the ending of the relevant licensee nuclear company administration by a creditors’ voluntary liquidation and the nomination of a person to be the proposed liquidator of the relevant licensee nuclear company—

(i) details of the proposed liquidator;

(ii) where applicable, the declaration required by section 231 of the 1986 Act;

(iii) a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 to the 1986 Act and rule 89(4);

(f) any other information that the nuclear administrator thinks necessary.

(4) The period within which, subject to paragraph 54(3) of Schedule B1 to the 1986 Act, the administrator must send a copy of the statement to every member of the company of whose address the administrator is aware is five business days after sending the statement of the proposed revision to the creditors.

(5) A notice under paragraph 54(4) of Schedule B1 to the 1986 Act must—

(a) be advertised in such manner as the nuclear administrator thinks fit as soon as reasonably practicable after the nuclear administrator has sent the statement to the creditors;

(b) state—

(i) that members may request in writing a copy of the statement of revised proposals;

(ii) the address to which to write.

(1)

Schedule B1 was inserted by the Enterprise Act 2002 (c. 40), Schedule 16 and paragraph 54 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10.