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Rule 84 Fixing of remuneration

Original text. Later amendments are not shown.

(1)

The T&S administrator is entitled to receive remuneration for services as T&S administrator.

(2)

The remuneration must be fixed by reference to the time properly given by the T&S administrator and the T&S administrator’s staff in attending to matters arising in the T&S administration.

(3)

The T&S administrator must make an application to court for the remuneration to be fixed by the court.

(4)

The T&S administrator must deliver at least 14 days’ notice of the T&S administrator’s application to the following, who may appear or be represented—

(a)

the Secretary of State;

(b)

the Gas and Electricity Markets Authority;

(c)

the creditors of the T&S company.

(5)

In fixing the remuneration, the court must have regard to the following matters—

(a)

the complexity (or otherwise) of the case;

(b)

any respects in which, in connection with the T&S company’s affairs, there falls on the T&S administrator any responsibility of an exceptional kind or degree;

(c)

the effectiveness with which the T&S administrator appears to be carrying out, or to have carried out, the T&S administrator’s duties as such;

(d)

the value and nature of the property with which the T&S administrator has to deal.

(6)

Where there are joint T&S administrators, it is for them to agree between themselves how the remuneration payable should be apportioned.

(7)

Any dispute arising between joint T&S administrators in connection with paragraph (6) may be referred to the court for settlement by order.

(8)

If the T&S administrator is a solicitor and employs the T&S administrator’s own firm, or any partner in it, to act on behalf of the T&S company, profit costs must not be paid unless this is authorised by the court.