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The Education Administration Rules 2018

S.I. 2018/1135 · Made 1 November 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education, England And Wales

Insolvency, England And Wales

Made 1st November 2018

Laid before Parliament 7th November 2018

Coming into force 31st January 2019

The Lord Chancellor makes the following Rules in exercise of the powers conferred by section 32(1) of the Technical and Further Education Act 2017f1 and section 411 of the Insolvency Act 1986f2, with the concurrence of the Secretary of State and, in the case of those rules that affect court procedure, of the Lord Chief Justice.

Annotations to the whole text

Footnotes

f1

2017 c. 19.

f2

1986 c. 45. Section 411 confers on the Lord Chancellor the power to make rules in relation to insolvency in England and Wales with the concurrence of the Secretary of State and the Lord Chief Justice (in the case of rules that affect court procedure). Relevant amendments to sections 411 are made by regulations 2 and 3(1), 3(3) and 3(4) of S.I. 2002/1037, paragraphs 185, 188(1) and (3) and 189 (1) and (3) of Schedule 4 to the Constitutional Reform Act 2005 (c. 4), paragraph 44 of Schedule 4 to SI.I. 2007/2194, section 160(1) and (5)(a) of the Banking Act 2009 (c. 1), paragraph 79 of Schedule 1 to S.I. 2009/1941 and paragraphs 1 to 11 of Schedule 10 to the Small Business, Enterprise and Employment Act 2015 (c. 26).

Contents

  1. Part 1: Introductory provisions
  2. 1.1Citation and commencement
  3. 1.2Application
  4. 1.3Interpretation
  5. 1.4Punishment of Offences
  6. 1.5Review
  7. Part 2: APPLICATION FOR AN EDUCATION ADMINISTRATION ORDER
  8. 2.1Commencement of education administration proceedings
  9. 2.2Form of application
  10. 2.3Contents of application and witness statement
  11. 2.4Filing of application
  12. 2.5Service of application
  13. 2.6Notice to enforcement agents charged with distress or other legal process, etc.
  14. 2.7Manner in which service to be effected
  15. 2.8Proof of service
  16. 2.9The hearing
  17. 2.10The order
  18. 2.11Notice of education administration order
  19. Part 3: PROCESS OF EDUCATION ADMINISTRATION
  20. Chapter 1: Notice of education administrator’s appointment
  21. 3.1Notification and advertisement of education administrator’s appointment
  22. Chapter 2: Statement of affairs
  23. 3.2Notice requiring statement of affairs and delivery to the education administrator
  24. 3.3Content of statement of affairs
  25. 3.4Statement of concurrence
  26. 3.5Filing of statement of affairs
  27. 3.6Release from requirement to provide statement of affairs and extension of time
  28. 3.7Expenses of statement of affairs
  29. Chapter 3: Education administrator’s proposals
  30. 3.8Education administrator’s proposals - additional content
  31. 3.9Statement of pre-administration costs
  32. 3.10Ancillary provisions about delivery of education administrator’s proposals
  33. 3.11Revision of education administrator’s proposals
  34. Chapter 4: Education Administrator’s reports
  35. 3.12Reporting by the education administrator
  36. 3.13Progress reports
  37. 3.14Contents of progress reports
  38. 3.15Final progress report
  39. 3.16Information about pre-administration costs
  40. Chapter 5: Further education body: meetings of members
  41. 3.17Application of this Chapter
  42. 3.18Meetings of the further education body
  43. 3.19Nature of meetings
  44. 3.20Remote attendance: notification requirements
  45. 3.21Location of meetings
  46. 3.22Chair of the meeting
  47. 3.23Action where person is excluded
  48. 3.24Indication to excluded person
  49. 3.25Complaint
  50. Chapter 6: Creditors’ decisions
  51. 3.26Application of this Chapter 6
  52. 3.27Creditors’ decisions
  53. 3.28Creditors’ decisions for the nomination of alternative liquidator
  54. 3.29Decision making
  55. Chapter 7: Limited disclosure of statements of affairs and proposals
  56. 3.30Application of Chapter 7
  57. 3.31Orders limiting disclosure of statement of affairs etc
  58. 3.32Order for disclosure
  59. 3.33Rescission or amendment of order for limited disclosure
  60. 3.34Publication etc. of statement of affairs and statement of proposals
  61. Chapter 8: Disposal of Charged Property
  62. 3.35Disposal of charged property
  63. Chapter 9: Expenses of the Education Administration
  64. 3.36Expenses
  65. 3.37Order of priority
  66. Chapter 10: Ending of education administration
  67. 3.38Application for an order ending education administration
  68. 3.39Notification of application for an order ending education administration
  69. 3.40Notice of court order ending education administration
  70. 3.41Moving from education administration to creditors’ voluntary winding up
  71. 3.42Moving from education administration to dissolution
  72. Part 4: COURT PROCEDURE AND PRACTICE
  73. Chapter 1: General
  74. 4.1Court rules and practice to apply
  75. 4.2Performance of functions by the Court
  76. Chapter 2: Making applications to court
  77. 4.3Preliminary
  78. 4.4Form and content of applications
  79. 4.5Filing of applications
  80. 4.6Fixing the venue
  81. 4.7Service or delivery of an application
  82. 4.8Hearing in urgent case
  83. 4.9Directions
  84. 4.10Hearings and determination without notice
  85. 4.11Adjournment of the hearing of an application
  86. 4.12Application under section 176A(5) to disapply section 176A
  87. 4.13Notice of an application under section 176A(5)
  88. 4.14Notice of an order under section 176A(5)
  89. 4.15Contents of application to the court under section 236 of the Act
  90. 4.16Order for examination etc
  91. 4.17Procedure for examination
  92. 4.18Record of examination
  93. 4.19Costs of proceedings under section 236 of the Act
  94. 4.20Further information and disclosure
  95. 4.21Witness statements and reports
  96. 4.22Evidence provided by the education administrator
  97. Chapter 3: Transfer of Proceedings
  98. 4.23Applications for transfer
  99. 4.24Procedure following order for transfer
  100. Chapter 4: Court file
  101. 4.25Court file
  102. 4.26Office copies of documents
  103. Chapter 5: Costs
  104. 4.27Application of Chapter and interpretation
  105. 4.28Requirement to assess costs by the detailed procedure
  106. 4.29Procedure where detailed assessment is required
  107. 4.30Costs paid otherwise than out of the assets of the further education body
  108. 4.31Award of costs against the education administrator
  109. 4.32Applications for costs
  110. 4.33Costs and expenses of witnesses
  111. 4.34Final costs certificate
  112. Chapter 6: Enforcement procedures
  113. 4.35Orders enforcing compliance
  114. 4.36Warrants under section 236
  115. Chapter 7: Appeals in education administration
  116. 4.37Application of CPR
  117. 4.38Appeals and reviews of in education administration proceedings
  118. 4.39Procedure on appeal
  119. Chapter 8: Court orders, formal defects and shorthand writers
  120. 4.40Court orders
  121. 4.41Formal defects
  122. 4.42Shorthand writers
  123. Part 5: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS
  124. Chapter 1: Interpretation
  125. 5.1Interpretation
  126. Chapter 2: Creditors’ claims in education administration
  127. 5.2Provable debts
  128. 5.3Proving a debt
  129. 5.4Requirements for proof
  130. 5.5Costs of proving
  131. 5.6Allowing inspection of proofs
  132. 5.7Admission and rejection of proofs for dividend
  133. 5.8Appeal against decision on proof
  134. 5.9Education administrator not liable for costs under rule 5.8
  135. 5.10Withdrawal or variation of proof
  136. 5.11Exclusion of proof by the court
  137. 5.12Debts of further education bodies to rank equally
  138. 5.13Division of unsold assets
  139. 5.14Estimate of value of debt
  140. 5.15Secured creditor: value of security
  141. 5.16Secured creditor: surrender for non-disclosure
  142. 5.17Secured creditor: redemption by education administrator
  143. 5.18Secured creditor: test of security’s value
  144. 5.19Realisation or surrender of security by creditor
  145. 5.20Discounts
  146. 5.21Debts in foreign currency
  147. 5.22Payments of a periodical nature
  148. 5.23Interest
  149. 5.24Mutual dealings and set-off
  150. Chapter 3: Distribution to creditors
  151. 5.25Application of Chapter to particular class of creditors and to distributions
  152. 5.26Individual notices to creditors etc of intended dividend or distribution
  153. 5.27Contents of notice of intention to declare a dividend or make a distribution
  154. 5.28Further contents of notice to creditors owed small debts etc.
  155. 5.29Gazette notice of intended first dividend or distribution
  156. 5.30Admission or rejection of proofs following last date for proving
  157. 5.31Postponement or cancellation of dividend
  158. 5.32Declaration of dividend
  159. 5.33Notice of declaration of a dividend
  160. 5.34Notice of no dividend or no further dividend
  161. 5.35Sole or final dividend
  162. 5.36Provisions as to dividends
  163. 5.37Supplementary provisions as to dividends
  164. 5.38Secured creditors
  165. 5.39Disqualification from dividend
  166. 5.40Assignment of right to dividend
  167. 5.41Debt payable at future time
  168. 5.42Non payment of dividend
  169. 5.43Reporting distribution of property to creditors under rule 5.13
  170. Part 6: THE EDUCATION ADMINISTRATOR
  171. Chapter 1: Replacing the Education Administrator
  172. 6.1Grounds for resignation
  173. 6.2Notice of intention to resign
  174. 6.3Notice of resignation
  175. 6.4Application to court to remove education administrator from office
  176. 6.5Notice of vacation of office when education administrator ceases to be qualified to act
  177. 6.6Deceased education administrator
  178. 6.7Application to replace
  179. 6.8Appointment of a replacement or additional education administrator
  180. 6.9Education administrator’s duties on vacating office
  181. Chapter 2: Remuneration and expenses
  182. 6.10Basis of remuneration
  183. 6.11Pre-administration costs
  184. 6.12Remuneration of former education administrator
  185. 6.13Remuneration of new education administrator
  186. Part 7: TIME, RULES ABOUT DOCUMENTS AND INTERPRETATION
  187. Chapter 1: Time
  188. 7.1Calculation of time periods
  189. Chapter 2: Form and content of documents
  190. 7.2Notices or statements in writing
  191. 7.3Authentication
  192. 7.4Information required to identify persons and proceedings etc.
  193. 7.5Prescribed format of documents
  194. 7.6Variations from prescribed contents
  195. Chapter 3: Standard contents of documents to be delivered to the registrar of companies
  196. 7.7Standard contents for documents delivered to the registrar of companies
  197. 7.8Registrar of companies: cover sheets
  198. 7.9Standard contents of all documents to be delivered to the registrar of companies
  199. 7.10Standard contents of documents relating to the office of education administrator
  200. 7.11Standard contents of documents relating to other documents
  201. 7.12Standard contents of documents relating to court orders
  202. Chapter 4: Standard contents of notices for delivery to other persons etc.
  203. 7.13Standard contents of notices to be delivered to persons other than the registrar of companies
  204. 7.14Standard contents of all notices
  205. 7.15Standard contents of notice relating to the office of education administrator
  206. 7.16Standard contents of notices relating to documents
  207. 7.17Standard contents of notices relating to court proceedings or orders
  208. 7.18Standard contents of returns or reports of decisions
  209. 7.19Standard contents of notices of the results of decisions
  210. 7.20Standard contents of documents relating to other events
  211. Chapter 5: Delivery of documents
  212. 7.21Application of Chapter
  213. 7.22Delivery of documents to authorised recipients
  214. 7.23Delivery of documents to joint education administrators
  215. 7.24Postal delivery of documents
  216. 7.25Delivery by document exchange
  217. 7.26Personal delivery of documents
  218. 7.27Electronic delivery of documents
  219. 7.28Electronic delivery of notices to enforcement officers
  220. 7.29Electronic delivery of documents to the court
  221. 7.30Electronic delivery by education administrator
  222. 7.31Proof of delivery of documents
  223. 7.32Delivery of proofs and details of claims
  224. Chapter 6: Inspection of documents, copies and provision of information
  225. 7.33Right to copy documents
  226. 7.34Charges for copies of documents provided by the education administrator
  227. 7.35Offence in relation to inspection of documents
  228. 7.36Right to list of creditors
  229. 7.37Confidentiality of documents – grounds for refusing inspection
  230. 7.38Proposed education administrator’s statement and consent to act
  231. Chapter 7: Use of websites
  232. 7.39Use of website by education administrator to deliver a particular document
  233. 7.40General use of website to deliver documents
  234. 7.41Retention period for documents made available on websites
  235. Chapter 8: Standard contents of Gazette notices
  236. 7.42Contents of notices to be gazetted under the Act or Rules
  237. 7.43Standard contents of all notices
  238. 7.44Gazette – as evidence, variations and errors
  239. Chapter 9: Standard contents of notices advertised otherwise than in the Gazette
  240. 7.45Standard contents of notices advertised otherwise than in the Gazette
  241. 7.46Non-Gazette notices relating to a further education body
  242. 7.47Non-Gazette notices – other provisions
  243. Chapter 10: Delivery of documents and opting out
  244. 7.48Delivery to the creditors and opting out
  245. 7.49Creditor’s election to opt out
  246. 7.50Education administrator to provide information to creditors on opting-out
  247. Signature
  248. Schedule 1Punishment of offences under these Rules
  249. Schedule 2: Service of documents
  250. 1Paragraph 1
  251. 2Service of application for education administration
  252. 3Service on joint education administrators
  253. 4Certificate of service
  254. Explanatory note