Made | 8th August 2003 | ||
Laid before Parliament | 13th August 2003 | ||
Coming into force | 15th September 2003 |
(2) These Rules shall be construed as one with the principal Rules.
Substitution of Part 2 of the principal Rules
3.
Subject to Rule 7 below, for Part 2 of the principal Rules substitute the provisions set out in Part 1 of Schedule 1 to these Rules.
Amendment to Schedule 4 of the principal Rules (Offences)
4.
Subject to Rule 7 below, in the table in Schedule 4 to the principal Rules, after the penultimate entry, insert:
In Part 2, Rule 2.43(3) | Administrator failing to lodge notice of automatic end of administration | Summary | One-fifth of the statutory maximum | One-fiftieth of the statutory maximum |
NIGEL GRIFFITHS
Parliamentary Under-Secretary of State For Small Business and Enterprise
Department of Trade and Industry
8th August 2003
- Chapter 5: Process of administration;
- Chapter 6: Meetings;
- Chapter 7: The creditors' committee;
- Chapter 8: Functions and remuneration of administrator;
- Chapter 9: Distributions to creditors;
- Chapter 10: Ending administration;
- Chapter 11: Replacing administrator;
- Chapter 12: EC Regulation - conversion of administration to winding up;
- Chapter 13: EC Regulation - member State liquidator.
(2) In this Part of these Rules a reference to a numbered paragraph shall, unless the context otherwise requires, be to the paragraph so numbered in Schedule B1 to the Act.
(3) The petition shall state whether, in the opinion of the petitioner, (i) the EC Regulation will apply and (ii) if so, whether the proceedings will be main proceedings or territorial proceedings.
Service of petition
2.3
- (1) Notice of a petition under paragraph 12 shall be given by the petitioner to any holder of a qualifying floating charge, and to the following persons
(2) Notice of the petition shall also be given to the persons upon whom the court orders that the petition be served.
Application to appoint specified person as administrator by holder of qualifying floating charge
2.4
- (1) This Rule applies where the holder of a qualifying floating charge, who has been given notice of an administration application, applies under paragraph 36(1)(b) to have a specified person appointed as administrator in place of the person proposed in the application.
(2) An application under paragraph 36(1)(b) shall include averments as to the basis upon which the applicant is entitled to make an appointment under paragraph 14, and shall be accompanied by-
(3) If an administration order is made appointing the specified person, the expenses of the original petitioner and of the applicant under this Rule shall, unless the court orders otherwise, be paid as an expense of the administration.
Application where company in liquidation
2.5
- (1) Where an administration application is made under paragraph 37 or 38, the petition shall contain, in addition to those averments required in an application under paragraph 12, averments in relation to--
and shall be accompanied by a copy of the order or certificate by which the liquidator was appointed and by such other documents as the petitioner considers might assist the court in determining the application.
(2) Where an administration application is made under paragraph 37, the petition shall contain, in addition to the averments required by paragraph (1) above, averments as to the basis upon which the petitioner is qualified to make an appointment under paragraph 14, and shall be accompanied by a copy of the instrument or instruments by which the relevant floating charge was created, including any relevant instrument of alteration, and by such other documents as the petitioner considers might assist the court in determining the application.
Expenses
2.6
If the court makes an administration order, the expenses of the petitioner, and of any other party whose expenses are allowed by the court, shall be regarded as expenses of the administration.
Administration orders where company in liquidation
2.7
Where the court makes an administration order in relation to a company which is in liquidation, the administration order shall contain consequential provisions, including-
Notice of dismissal of application for an administration order
2.8
If the court dismisses the petition under paragraph 13(1)(b), the petitioner shall as soon as reasonably practicable send notice of the court's order dismissing the petition to all those to whom the petition was notified under Rule 2.3
(3) The statutory declaration required by paragraph 18(2) shall be made no earlier than 5 days before the notice of appointment is lodged.
(4) The holder of a prior floating charge may indicate his consent by completing the section provided on the form of notice of intention to appoint and returning to the person making the appointment a copy of that form.
(5) Where the holder of a prior floating charge does not choose to use the form of notice of intention to appoint to indicate his consent or no such form has been sent to him, his written consent shall include-
(6) Where the holder of a qualifying floating charge receives notice of an administration application and makes an appointment under paragraph 14, he shall as soon as reasonably practicable send a copy of the notice of appointment to the petitioner and to the court in which the petition has been lodged.
Notice to administrator
2.11
The person making the appointment shall, as soon as reasonably practicable, send to the administrator a copy of the notice of appointment, certified by the clerk of court and endorsed with the date and time of presentation of the principal notice.
Appointment taking place out of court business hours
2.12
- (1) The holder of a qualifying floating charge may lodge a notice of appointment under paragraph 14 in court in accordance with this Rule when (and only when) the court is not open for public business.
(2) A notice of appointment lodged under this Rule shall be in the form required by Rule 7.30 and Schedule 5
(3) The person making the appointment shall lodge the notice by sending it by fax to the court, and shall ensure that a fax transmission report is produced by the sending machine which records the date and time of the fax transmission.
(4) The person making the appointment shall send to the administrator, as soon as reasonably practicable, a copy of the notice of appointment and of the fax transmission report.
(5) The appointment shall take effect from the date and time of the fax transmission.
(6) The person making the appointment shall lodge in court, on the next day that the court is open for public business, the principal notice of appointment together with the documents required by Rule 2.10(2) and-
(7) The administrator's appointment shall cease to have effect if the requirements of paragraph (6) of this Rule are not met within the time set out in that paragraph.
(8) Where any question arises in respect of the date and time that the notice of appointment was lodged in court it shall be a presumption capable of rebuttal that the date and time shown on the fax transmission report is the date and time at which the notice was so lodged.
Timing of statutory declaration
2.14
The statutory declaration required by paragraph 27(2) shall be made not more than 5 business days before the notice is lodged in court.
Resolution or decision to appoint
2.15
The person making the appointment shall lodge together with the notice of intention to appoint either a copy of the resolution of the company to appoint an administrator (where the company proposes to make the appointment) or a record of the decision of the directors (where the directors propose to make the appointment).
Notice of appointment
2.16
- (1) The notice of appointment referred to in paragraph 29 shall be in the form required by Rule 7.30 and Schedule 5.
(2) The statutory declaration required by paragraph 29(2) shall be made no earlier than 5 days before the notice is lodged.
(3) There shall be lodged together with the notice of appointment the Statement of the Proposed Administrator and, unless the period of notice set out in paragraph 26(1) has expired, the written consent of all those persons to whom notice was given in accordance with that paragraph
Appointment where no notice of intention to appoint has been given
2.17
Where a notice of intention to appoint an administrator has not been given, there shall be lodged together with the notice of appointment either a copy of the resolution of the company to appoint an administrator (where the company proposes to make the appointment) or a record of the decision of the directors (where the directors propose to make the appointment).
Notice to administrator
2.18
The person making the appointment shall, as soon as reasonably practicable, send to the administrator a copy of the notice of appointment, certified by the clerk of court and endorsed with the date and time of presentation of the principal notice.
(3) Where, by virtue of a provision of Schedule B1 to the Act or of these Rules, the administrator is required to send a notice of his appointment to any person, he shall satisfy that requirement by sending to that person a notice in the form required by Rule 7.30 and Schedule 5
Notice requiring statement of affairs
2.20
- (1) In this Chapter "relevant person" has the meaning given to it in paragraph 47(3).
(2) Subject to Rule 2.21, the administrator shall send to each relevant person upon whom he decides to make a requirement under paragraph 47 a notice in the form required by Rule 7.30 and Schedule 5 requiring him to provide a statement of the company's affairs
(3) The notice shall inform each of the relevant persons-
(4) The administrator shall furnish each relevant person upon whom he decides to make a requirement under paragraph 47 with the forms required for the preparation of the statement of affairs.
Statements of affairs and statements of concurrence
2.21
- (1) The statement of the company's affairs shall be in the form required by Rule 7.30 and Schedule 5
(2) Where more than one relevant person is required to submit a statement of affairs the administrator may require one or more such persons to submit, in place of a statement of affairs, a statement of concurrence in the form required by Rule 7.30 and Schedule 5; and where the administrator does so, he shall inform the person making the statement of affairs of that fact
(3) The person making the statutory declaration in support of a statement of affairs shall send the statement, together with one copy thereof, to the administrator, and a copy of the statement to each of those persons whom the administrator has required to submit a statement of concurrence.
(4) A person required to submit a statement of concurrence shall deliver to the administrator the statement of concurrence, together with one copy thereof, before the end of the period of 5 business days (or such other period as the administrator may agree) beginning with the day on which the statement of affairs being concurred with is received by him.
(5) A statement of concurrence may be qualified in respect of matters dealt with in the statement of affairs, where the maker of the statement of concurrence is not in agreement with the statement of affairs, he considers that statement to be erroneous or misleading, or he is without the direct knowledge necessary for concurring with it.
(6) Subject to Rule 2.22, the administrator shall, as soon as is reasonably practicable, file a copy of the statement of affairs and any statement of concurrence with the registrar of companies
(7) Subject to Rule 2.22, the administrator shall insert any statement of affairs submitted to him, together with any statement of concurrence, in the sederunt book.
Limited disclosure
2.22
- (1) Where the administrator thinks that it would prejudice the conduct of the administration for the whole or part of the statement of the company's affairs to be disclosed, he may apply to the court for an order of limited disclosure in respect of the statement, or any specified part of it.
(2) The court may order that the statement or, as the case may be, the specified part of it, shall not be filed with the registrar of companies or entered in the sederunt book.
(3) The administrator shall as soon as reasonably practicable file a copy of that order with the registrar of companies, and shall place a copy of the order in the sederunt book.
(4) If a creditor seeks disclosure of the statement of affairs or a specified part of it in relation to which an order has been made under this Rule, he may apply to the court for an order that the administrator disclose it or a specified part of it.
(5) The court may attach to an order for disclosure any conditions as to confidentiality, duration and scope of the order in any material change of circumstances, and other matters as it sees fit.
(6) If there is a material change in circumstances rendering the limit on disclosure unnecessary, the administrator shall, as soon as reasonably practicable after the change, apply to the court for the order to be discharged or varied; and upon the discharge or variation of the order the administrator shall, as soon as reasonably practicable-
Release from duty to submit statement of affairs; extension of time
2.23
- (1) The power of the administrator under paragraph 48(2) to revoke a requirement under paragraph 47(1), or to grant an extension of time, may be exercised at the administrator's own instance, or at the request of any relevant person.
(2) A relevant person whose request under this Rule has been refused by the administrator may apply to the court for a release or extension of time.
(3) An applicant under this Rule shall bear his own expenses in the application and, unless the court otherwise orders, no allowance towards such expenses shall be made out of the assets of the company.
Expenses of statement of affairs
2.24
- (1) A relevant person who provides to the administrator a statement of the company's affairs or statement of concurrence shall be allowed, and paid by the administrator out of his receipts, any expenses incurred by the relevant person in so doing which the administrator considers reasonable.
(2) Any decision by the administrator under this Rule is subject to appeal to the court.
(3) Nothing in this Rule relieves a relevant person from any obligation to provide a statement of affairs or statement of concurrence, or to provide information to the administrator.
Administrator's proposals
2.25
- (1) The statement required to be made by the administrator under paragraph 49 shall include, in addition to the matters set out in that paragraph-
(h) if a full statement of affairs is not provided, the names and addresses of the creditors, and details of the debts owed to, and security held by, each of them;
(i) if no statement of affairs has been submitted-
(j) the basis upon which it is proposed that the administrator's remuneration should be fixed;
(k) except where the administrator proposes a voluntary arrangement in relation to the company -
provided that such estimates shall not be required to include any information the disclosure of which could serious prejudice the commercial interests of the company, but if such information is excluded the estimates shall be accompanied by a statement to that effect; and
(ii) whether and, if so, why the administrator proposes to make an application to the court under section 176A(5);
(l) how it is envisaged the purpose of the administration will be achieved and how it is proposed that the administration shall end;
(m) where a creditors' voluntary liquidation is proposed-
(n) where it is proposed to make distributions to creditors in accordance with Chapter 9, the classes of creditors to whom it is proposed that distributions be made and whether or not the administrator intends to make an application to the court under paragraph 65(3);
(o) where the administrator has decided not to call a meeting of creditors, his reasons;
(p) the manner in which the affairs and business of the company-
(q) whether-
(r) such other information (if any) as the administrator thinks necessary to enable creditors to decide whether or not to vote for the adoption of the proposals.
(2) A copy of the administrator's statement of his proposals shall be sent to the registrar of companies together with a notice in the form required by Rule 7.30 and Schedule 5
(3) Where the statement of proposals states that the administrator thinks-
and no meeting has been requisitioned under paragraph 52(2), the administrator's proposals shall be deemed to have been approved by the creditors upon the expiry of the period set out in Rule 2.31.
(4) The administrator shall give notice to the creditors of any order varying the period referred to in paragraph 49(5) (which sets out the period during which the administrator shall send out a copy of his statement of proposals).
(5) Where the administrator intends to apply to the court (or to lodge a notice under paragraph 80(2)) for the administration to cease at a time before he has sent a statement of his proposals to creditors in accordance with paragraph 49, he shall, at least 10 days before he makes such an application or lodges such a notice, send to all creditors of the company (so far as he is aware of their addresses) a report containing the information required by paragraph (1)(a) to (q) of this Rule.
(6) Where the administrator wishes to publish a notice under paragraph 49(6) he shall publish the notice once in the Edinburgh Gazette and once in the newspaper in which the administrator's appointment was advertised. The notice shall-
(7) A notice under paragraph 49(6) must be published as soon as reasonably practicable after the administrator sends his statement of proposals to the company's creditors and in any case no later than 8 weeks (or such other period as may be agreed by the creditors or ordered by the court) from the date upon which the company entered administration.
only the creditor's vote shall be counted.
(2) Where-
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
(3) For the purposes of this Rule, "other proceedings" means main proceedings or territorial proceedings in another member State.
Meeting requisitioned by creditors
2.31
The request for an initial creditors' meeting under paragraph 52(2) must be made within 12 days of the date upon which the administrator sends out his statement of proposals.
2.32
- (1) Rule 7.6(2)(a) does not apply if the requisitioning creditor's debt alone is sufficient to meet the requirement of paragraph 52(2)(a) or, as the case may be, paragraph 56(1)(a), without the concurrence of other creditors.
(2) In its application to initial creditors' meetings in administration, for the period of 35 days referred to in Rule 7.6(3) there is substituted a period of 28 days.
Hire-purchase, conditional sale and hiring agreements
2.33
- (1) Subject as follows, an owner of goods under a hire-purchase agreement or under an agreement for the hire of goods for more than 3 months, or a seller of goods under a conditional sale agreement, is entitled to vote in respect of the amount of the debt due and payable to him by the company on the date that the company entered administration.
(2) In calculating the amount of any debt for this purpose, no account shall be taken of any amount attributable to the exercise of any right under the relevant agreement, so far as the right has become exercisable solely by virtue of the making of an administration application, a notice of intention to appoint an administrator or any matter arising as a consequence, or of the company entering administration.
Revision of the administrator's proposals
2.34
- (1) A statement of revised proposals under paragraph 54 shall include
(2) Subject to paragraph 54(3), within 5 days of sending out the statement mentioned in paragraph (1) above, the administrator shall send a copy of the statement to every member of the company.
(3) A notice under paragraph 54(3) shall be published once in the Edinburgh Gazette and once in the newspaper in which the administrator's appointment was advertised, and shall-
Notices to creditors
2.35
- (1) As soon as reasonably practicable after the conclusion of a meeting of creditors to consider the administrator's proposals or revised proposals, or of the conclusion of the business of such a meeting by correspondence in accordance with these Rules, the administrator shall-
(2) Where the business of a creditors' meeting has been carried out by correspondence in accordance with Rule 2.28, for the references in the foregoing paragraph of this Rule to the result of the meeting and notice of the meeting there shall be substituted references to the result of the correspondence and to the correspondence.
send to the court and to the registrar of companies, and to each creditor, a progress report.
(2) For the purposes of this Part, "accounting period", in relation to an administration, shall be construed in accordance with section 52(1) and (6) of the Bankruptcy Act as applied by virtue of Rule 2.41.
(3) For the purposes of this Part, "progress report" means a report which includes-
(f) details of what assets remain to be realised;
(g) where a distribution is to be made in accordance with Chapter 9 in respect of an accounting period, the scheme of division; and
(h) any other relevant information for the creditors.
(4) In a receipts and payments account falling within paragraph (3)(e)(ii) above, the administrator shall include a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A (prescribed part).
(5) The court may, on the application of the administrator, extend the period of six weeks referred to in paragraph (1) of this Rule.
(6) If the administrator makes default in complying with this Rule, he is liable to a fine and, for continued contravention, to a daily default fine.
(7) This Rule is without prejudice to the requirements of Chapter 9 (distributions to creditors).
Determination of outlays and remuneration
2.39
- (1) Rules 4.32 to 4.35 and Rule 4.76 shall apply to an administration as they apply to a liquidation, subject to the modifications specified in the following paragraph of this Rule and to any other necessary modifications.
(2) For any references in the said Rules 4.32 to 4.35 and 4.76 or in the provisions of the Bankruptcy Act as applied by Rule 4.32 to the liquidator, the liquidation and the liquidation committee, there shall be substituted a reference to the administrator, the administration and the creditors' committee in the administration.
(3) Where the administrator has made a statement under paragraph 52(1)(b), a resolution under Rule 4.33, as applied by this Rule, or a resolution under paragraph (4)(b) of this Rule, shall be taken to be passed if (and only if) passed with the approval of-
(4) (a) Where there are joint administrators, it is for them to agree between themselves as to how the remuneration payable should be apportioned.
(3) Section 53(3) of the Bankruptcy Act, as applied by Rule 4.68, shall apply subject to paragraph (4) of this Rule.
(4) The administrator may make a distribution to secured or preferential creditors or, where he has the permission of the court, to unsecured creditors only if-
Notice of automatic end of administration
2.43
- (1) Where the appointment of an administrator has ceased to have effect, and the administrator is not required by any other Rule to give notice of that fact, he shall, as soon as reasonably practicable, and in any event within 5 business days of the date when the appointment has ceased, lodge in court a notice of automatic end of administration in the form required by Rule 7.30 and Schedule 5, together with a final progress report
(2) The administrator shall, as soon as reasonably practicable, send a copy of the notice and accompanying report to the registrar of companies, and to all persons who received a copy of the administrator's proposals.
(3) If the administrator makes default in complying with this Rule, he is liable to a fine and, for continued contravention, to a daily default fine.
Applications for extension of administration
2.44
- (1) An application to court for an extension of administration shall be accompanied by a progress report for the period since the last progress report (if any).
(2) A request for an extension of administration by consent of creditors shall be accompanied by a progress report for the period since the administrator's last progress report (if any).
(3) The administrator shall use the notice of extension of period of administration in the form required by Rule 7.30 and Schedule 5 in all circumstances where he is required to give such notice
Notice of end of administration
2.45
- (1) A notice by the administrator
shall be in the form required by Rule 7.30 and Schedule 5, and shall be accompanied by a final progress report.
(2) The administrator shall, as soon as reasonably practicable, and (in the case of a notice under paragraph 80(2)) within 5 business days of satisfying the requirements of paragraph 80(2)(a), send a copy of the notice to every creditor of the company of whose claim and address he is aware, to all those persons who were notified of his appointment, and to the company.
(3) The administrator shall be taken to have complied with the requirements of paragraph 80(5) if, within 5 business days of satisfying the requirements of paragraph 80(2)(a), he publishes, once in the Edinburgh Gazette and once in the newspaper in which his appointment was advertised, a notice undertaking to provide a copy of the notice of end of administration to any creditor of the company.
(4) The notice referred to in paragraph (3) above must-
Application to court
2.46
- (1) An application under paragraph 79 for an order providing for the appointment of an administrator of the company to cease to have effect shall be accompanied by a progress report for the period since the last such report (if any) and a statement indicating what the administrator thinks should be the next steps for the company.
(2) Where the administrator applies to the court because the creditors' meeting has required him to, his application shall be accompanied by a statement in which he shall indicate (giving reasons) whether or not he agrees with the creditors' requirement that he make the application.
(3) Where the administrator applies to the court other than at the request of a creditors' meeting, he shall give to-
at least 7 days' written notice of his intention so to apply.
(4) Where the administrator applies to court under paragraph 79 in conjunction with a petition under section 124 for an order to wind up the company, he shall, in addition to the requirements of paragraph (3), notify the creditors of whether he intends to seek appointment as liquidator.
Moving from administration to creditors' voluntary liquidation
2.47
- (1) A notice pursuant to paragraph 83(3) shall be in the form required by Rule 7.30 and Schedule 5, and shall be accompanied by a final progress report which includes details of the assets to be dealt with in the liquidation
(2) As soon as reasonably practicable, the administrator shall send a copy of the notice and accompanying documents to all those who received notice of the administrator's appointment.
(3) For the purposes of paragraph 83(7), a person shall be nominated by the creditors either-
Moving from administration to dissolution
2.48
- (1) The notice required by paragraph 84(1) shall be in the form required by Rule 7.30 and Schedule 5, and shall be accompanied by a final progress report
(2) As soon as reasonably practicable a copy of the notice and accompanying documents shall be sent to all those who received notice of the administrator's appointment.
(3) Where the court makes an order under paragraph 84(7) it shall, where the applicant is not the administrator, give a copy of the order to the administrator.
(4) The notice required by paragraph 84(8) shall be in the form required by Rule 7.30 and Schedule 5
(2) The administrator may, with the leave of the court, give notice of his resignation on grounds other than those specified in paragraph (1).
Notice of intention to resign
2.50
- (1) The administrator must give to the persons specified below at least 7 days' notice of his intention to resign, or to apply for the court's leave to do so
(2) Where the administrator gives notice under paragraph (1), he shall also give notice to a member State liquidator, if such a person has been appointed in relation to the company.
(3) Where the administrator was appointed by the holder of a qualifying floating charge under paragraph 14, the notice of intention to resign shall also be sent to all holders of a qualifying floating charge.
(4) Where the administrator was appointed by the company or the directors of the company under paragraph 22, a copy of the notice of intention to resign shall also be sent to the company and to all holders of a qualifying floating charge.
Notice of resignation
2.51
- (1) Where the administrator was appointed under an administration order, the notice of resignation shall be lodged in court, and a copy sent to the registrar of companies
(2) A copy of the notice of resignation shall be sent, not more than 5 business days after it has been lodged in court, to all those to whom notice of intention to resign was sent.
(3) Where the administrator was appointed by the holder of a qualifying floating charge, a copy of the notice of resignation shall be lodged in court and sent to the registrar of companies, and to anyone else who received notice of intention to resign, within 5 business days of the notice of resignation being sent to the holder of the floating charge by virtue of which the appointment was made.
(4) Where the administrator was appointed by the company or the directors, a copy of the notice of resignation shall be lodged in court and sent to the registrar of companies, and to anyone else who received the notice of intention to resign, within 5 business days of the notice of resignation being sent to either the company or the directors that made the appointment.
Incapacity to Act, through death or otherwise
2.52
- (1) Subject to the following paragraph of this Rule, where the administrator has died, it is the duty of his executors or, where the deceased administrator was a partner in a firm, of a partner of that firm to give notice of that fact to the court and to the registrar of companies, specifying the date of death
(2) Notice of the death may also be given by any person.
(3) Where an administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the company gives notice in accordance with paragraph 89(2), he shall also give notice to the registrar of companies.
Application to replace
2.53
- (1) Where an application is made to the court under paragraph 91 or 95 to appoint a replacement administrator, the application shall be accompanied by a Statement of the Proposed Administrator.
(2) Where the original administrator was appointed under an administration order, a copy of the application shall be served on the person who made the application for the administration order.
(3) Where the court makes an order filling a vacancy in the office of administrator, the same provisions shall apply, subject to such modification as may be necessary, in respect of giving notice of, and advertising, the appointment as in the case of the original appointment of an administrator.
2.54
- (1) This Rule applies where any person has appointed an administrator by notice in accordance with these Rules and a replacement administrator is appointed
(2) The same provisions apply in respect of giving notice of, and advertising, the replacement appointment as in the case of an initial appointment, and all statements, consents and other documents as required shall also be required in this case.
(3) All forms and notices shall clearly identify that the appointment is of a replacement administrator.
Joint or concurrent appointments
2.55
- (1) Where a person is appointed in accordance with paragraph 103 to act as administrator jointly or concurrently with the person or persons then acting, the same provisions shall apply, subject to this Rule and to such other modification as may be necessary, in respect of the making of this appointment as in the case of the original appointment of an administrator.
(2) An appointment made under paragraph 103 shall be notified to the registrar of companies in the form required by Rule 7.30 and Schedule 5
Application to court to remove administrator from office
2.56
- (1) An application to the court to remove an administrator from office shall be served upon-
(2) An applicant under this Rule shall, within 5 business days of the order being made, send a copy of the order to all those to whom notice of the application was sent, and a notice to the registrar of companies in the form required by Rule 7.30 and Schedule 5.
Contents of affidavit
2.58
- (1) The affidavit shall state-
(2) An affidavit under this rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
2.59
- (1) On hearing the application for conversion into winding up the court may make such order as it thinks fit.
(2) If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.
(3) Without prejudice to the generality of paragraph (1) of this Rule, an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under section 84 were passed on the day on which the order is made.
4.
In Rule 4.10(4), for "Rule 2.7" substitute "Rule 2.25".
5.
In Rule 4.60(1)(a), for "discharge of an administration order", substitute "ending of administration".
6.
In Rules 4.61 to 4.63, for the words "section 26", in each place where they occur, substitute "Schedule B1 to the Act".
7.
In Rule 7.3-
8.
In Rule 7.6(1)(a)(i), for the words "section 17(3)" substitute "paragraph 52(2) or 56(1)".
9.
In Rule 7.9-
(b) in paragraph (4)(c)(ii) for the words "the date of the administration order" substitute "the date upon which the company entered administration".
10.
In Rule 7.33(7)-
11.
In the table contained in Schedule 4 to the principal Rules, for the words "Rule 2.17(4)" where they appear in the first column of the table, substitute "Rule 2.38(6)".
12.
For the Form 4.7(Scot) set out in Schedule 5 to the principal Rules[5], substitute Form 4.7(Scot) as set out in Part 2 of this Schedule.
[2] S.I. 1986/1915: amended by S.I. 1987/1921, 1999/1820, 2002/2709 and 2003/2109.back
[3] Schedule B1 was inserted by section 248(1) of the Enterprise Act 2002 (c.40).back
[5] Form 4.7(Scot) was substituted by S.I. 2003/ .back