Interpretation
This section has no associated Explanatory Memorandum
3.—(1) In these Rules—
“the 1986 Act” means the Insolvency Act 1986;
“the 2004 Act” means the Energy Act 2004;
“the 2022 Act” means the Nuclear Energy (Financing) Act 2022;
“authenticated” is to be interpreted in accordance with rule 157;
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under or by virtue of the Banking and Financial Dealings Act 1971();
“contributory” has the same meaning as in section 79 of the 1986 Act();
“CPR” means the Civil Procedure Rules 1998();
“deliver” is to be interpreted in accordance with Chapter 1 of Part 13;
“delivery” is to be interpreted in accordance with Chapter 1 of Part 13;
“district judge of the High Court” means a district judge sitting in an assigned district registry as a district judge of the High Court under section 100 of the Senior Courts Act 1981();
“enforcement agent” means a person who is able to act in accordance with section 63(2) of the Tribunals, Courts and Enforcement Act 2007() as an enforcement agent;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003();
“file with the court” means deliver to the court for filing;
“the Gazette” means the London Gazette;
“gazetted” means advertised once in the London Gazette;
“High Court Judge” means a judge referred to in section 4(1) of the Senior Courts Act 1981();
“Insolvency and Companies Court Judge” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981();
“insolvency proceedings” means any proceedings under the 1986 Act or the Insolvency Rules;
“the Insolvency Rules” means the Insolvency (England and Wales) Rules 2016();
“IP number” means the number assigned to a person as an insolvency practitioner by the Secretary of State;
“joint nuclear administrator” means a person appointed to act jointly or concurrently as nuclear administrator of the relevant licensee nuclear company;
“practice direction” means a direction as to the practice and procedure of any court within the scope of the CPR;
“prescribed part” has the same meaning as in section 176A(2) of the 1986 Act();
“pre-relevant-licensee-nuclear-company-administration costs” are the fees charged and expenses incurred by—
(a)
the nuclear administrator, or
(b)
another person qualified to act as an insolvency practitioner,
before the relevant licensee nuclear company entered relevant licensee nuclear administration but with a view to its doing so;
“proof”, in relation to a debt, has the meaning given in rule 44(2);
“proving”, in relation to a debt, has the meaning given in rule 44(2);
“qualified to act as an insolvency practitioner” has the meaning given by Part 13 of the 1986 Act;
“qualifying floating charge” is to be interpreted in accordance with paragraph 14(2) of Schedule B1 to the 1986 Act();
“registrar of companies” means the registrar of companies for England and Wales;
“relevant licensee nuclear company administration” means administration entered into pursuant to the making of an RLNC administration order();
“relevant licensee nuclear company administration proceedings” means any proceedings under—
(a)
sections 156 to 167 of, and Schedules 20 and 21 to, the 2004 Act();
(b)
Part 3 of the 2022 Act;
“serve” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13;
“service” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13;
“solicitor” means a solicitor of the Senior Courts and includes any other person who, for the purposes of the Legal Services Act 2007() (“the 2007 Act”) is—
(a)
an authorised person in relation to an activity which constitutes the conduct of litigation within the meaning of the 2007 Act, or
(b)
exempt from such authorisation by virtue of section 19 of, and Schedule 3 to, the 2007 Act();
“the standard fee” means—
(a)
15 pence per A4 or A5 page;
“statement of proposals” has the meaning given in rule 21;
“statement of truth” means a statement of truth made in accordance with CPR Part 22();
“unpaid pre-relevant-licensee-nuclear-company-administration costs” are pre-relevant-licensee-nuclear-company-administration costs which had not been paid when the relevant licensee nuclear company entered relevant licensee nuclear company administration;
“venue” means, in relation to any proceedings, attendance before court or meeting, the—
(a)
time, date, and place for the proceedings, attendance or meeting;
(b)
where a meeting is held in accordance with section 246A of the 1986 Act() without any place being specified for it, the time and date of the meeting;
“witness statement” means a witness statement made in accordance with CPR Part 32() and verified by a statement of truth.
(2) If a provision of the 1986 Act referred to in these Rules has been modified by Schedule 20 to the 2004 Act (as applied and modified by the 2022 Act), that reference is to the provision of the 1986 Act as so modified.
(3) References to provisions of the 2004 Act are, where those provisions have been applied and modified by the 2022 Act, references to those provisions as so modified.