The Water Industry (Special Administration) (England and Wales) Rules 2024

PART 1 INTRODUCTORY

Citation and commencement

1.  These Rules may be cited as the Water Industry (Special Administration) (England and Wales) Rules 2024 and come into force 21 days after the day on which they are laid.

Extent and application

2.—(1) These Rules extend to England and Wales.

(2) These Rules apply to water industry companies in respect of which a court has made, or may make, a special administration order having effect at any time after these Rules come into force (including where such an order took effect before then).

Revocation

3.  The Water Industry (Special Administration) Rules 2009(1) (“the 2009 Rules”) are revoked.

Interpretation

4.—(1) In these Rules—

“the 1986 Act” means the Insolvency Act 1986(2);

“the 1991 Act” means the Water Industry Act 1991(3);

“the 2016 Rules” mean the Insolvency (England and Wales) Rules 2016(4);

“Schedule B1” means Schedule B1(5) to the 1986 Act;

“special administration order” means an order of the kind described in section 23(1) of the 1991 Act;

“special administrator” means a person appointed by the court to manage the affairs, business and property of a water industry company under—

(a)

section 23(1) of the 1991 Act; or

(b)

paragraph 91 or 103 of Schedule B1; and

“water industry company” means a company of a kind mentioned in section 23(1) of the 1991 Act.

(2) In these Rules, a reference to the 1986 Act, or to a provision of the 1986 Act, is to that Act or provision as it is applied by, and has effect subject to, any modifications made by the Water Industry (Special Administration) Regulations 2024(6).

(3) In these Rules, unless the context demands otherwise, references to a rule, Chapter, Part, sub-division or Schedule, are to a rule, Chapter, Part or sub-division of, or Schedule to, the 2016 Rules, as modified or applied by these Rules.

Application of certain rules of the 2016 Rules with modifications

5.—(1) These Rules apply certain provisions of the 2016 Rules, with modifications in certain cases, as follows—

(a) rules listed in the Schedule to these Rules apply for the purposes of these Rules subject to the modifications set out in paragraph (2) and in Parts 2 to 9;

(b) in Part 3 of the 2016 Rules—

(i) Chapter 5 applies with the insertion of rule 3.27A (see rule 41 of these Rules);

(ii) Chapter 7 (so far as it applies for the purposes of these Rules) applies with the insertion of rule 3.42A (see rule 47 of these Rules);

(c) in Part 12 of the 2016 Rules, Chapter 3 applies with the insertion of rule 12.13A (see rule 64 of these Rules);

(d) Schedules 3, 4, 5, 6 and 10 apply for the purposes of these Rules.

(2) Subject to the following provisions of these Rules and except where the context demands otherwise, where a rule of the 2016 Rules applies by virtue of these Rules, that rule has effect as if—

(i) for “administration” in each place where it occurs, there were substituted “special administration”;

(ii) for “administrator” in each place where it occurs, there were substituted “special administrator”;

(iii) for “office-holder” in each place where it occurs, there were substituted “special administrator”;

(iv) for “an”, in each place where it precedes “administration”, “administrator” or “office-holder”, there were substituted “a”.

(1)

S.I. 2009/2477.

(2)

1986 c. 45.

(3)

1991 c. 56.

(4)

S.I. 2016/1024.

(5)

Schedule B1 to the Insolvency Act 1986 was inserted by the Enterprise Act 2002 (c. 40), section 248(2) and Schedule 16.

(6)

S.I. 2024/205.