The Education Administration Rules 2018
S.I. 2018/1135 · Made 1 November 2018
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
- 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
- Part 1: Introductory provisions
- 1.1Citation and commencement
- 1.2Application
- 1.3Interpretation
- 1.4Punishment of Offences
- 1.5Review
- Part 2: APPLICATION FOR AN EDUCATION ADMINISTRATION ORDER
- 2.1Commencement of education administration proceedings
- 2.2Form of application
- 2.3Contents of application and witness statement
- 2.4Filing of application
- 2.5Service of application
- 2.6Notice to enforcement agents charged with distress or other legal process, etc.
- 2.7Manner in which service to be effected
- 2.8Proof of service
- 2.9The hearing
- 2.10The order
- 2.11Notice of education administration order
- Part 3: PROCESS OF EDUCATION ADMINISTRATION
- Chapter 1: Notice of education administrator’s appointment
- 3.1Notification and advertisement of education administrator’s appointment
- Chapter 2: Statement of affairs
- 3.2Notice requiring statement of affairs and delivery to the education administrator
- 3.3Content of statement of affairs
- 3.4Statement of concurrence
- 3.5Filing of statement of affairs
- 3.6Release from requirement to provide statement of affairs and extension of time
- 3.7Expenses of statement of affairs
- Chapter 3: Education administrator’s proposals
- 3.8Education administrator’s proposals - additional content
- 3.9Statement of pre-administration costs
- 3.10Ancillary provisions about delivery of education administrator’s proposals
- 3.11Revision of education administrator’s proposals
- Chapter 4: Education Administrator’s reports
- 3.12Reporting by the education administrator
- 3.13Progress reports
- 3.14Contents of progress reports
- 3.15Final progress report
- 3.16Information about pre-administration costs
- Chapter 5: Further education body: meetings of members
- 3.17Application of this Chapter
- 3.18Meetings of the further education body
- 3.19Nature of meetings
- 3.20Remote attendance: notification requirements
- 3.21Location of meetings
- 3.22Chair of the meeting
- 3.23Action where person is excluded
- 3.24Indication to excluded person
- 3.25Complaint
- Chapter 6: Creditors’ decisions
- 3.26Application of this Chapter 6
- 3.27Creditors’ decisions
- 3.28Creditors’ decisions for the nomination of alternative liquidator
- 3.29Decision making
- Chapter 7: Limited disclosure of statements of affairs and proposals
- 3.30Application of Chapter 7
- 3.31Orders limiting disclosure of statement of affairs etc
- 3.32Order for disclosure
- 3.33Rescission or amendment of order for limited disclosure
- 3.34Publication etc. of statement of affairs and statement of proposals
- Chapter 8: Disposal of Charged Property
- 3.35Disposal of charged property
- Chapter 9: Expenses of the Education Administration
- 3.36Expenses
- 3.37Order of priority
- Chapter 10: Ending of education administration
- 3.38Application for an order ending education administration
- 3.39Notification of application for an order ending education administration
- 3.40Notice of court order ending education administration
- 3.41Moving from education administration to creditors’ voluntary winding up
- 3.42Moving from education administration to dissolution
- Part 4: COURT PROCEDURE AND PRACTICE
- Chapter 1: General
- 4.1Court rules and practice to apply
- 4.2Performance of functions by the Court
- Chapter 2: Making applications to court
- 4.3Preliminary
- 4.4Form and content of applications
- 4.5Filing of applications
- 4.6Fixing the venue
- 4.7Service or delivery of an application
- 4.8Hearing in urgent case
- 4.9Directions
- 4.10Hearings and determination without notice
- 4.11Adjournment of the hearing of an application
- 4.12Application under section 176A(5) to disapply section 176A
- 4.13Notice of an application under section 176A(5)
- 4.14Notice of an order under section 176A(5)
- 4.15Contents of application to the court under section 236 of the Act
- 4.16Order for examination etc
- 4.17Procedure for examination
- 4.18Record of examination
- 4.19Costs of proceedings under section 236 of the Act
- 4.20Further information and disclosure
- 4.21Witness statements and reports
- 4.22Evidence provided by the education administrator
- Chapter 3: Transfer of Proceedings
- 4.23Applications for transfer
- 4.24Procedure following order for transfer
- Chapter 4: Court file
- 4.25Court file
- 4.26Office copies of documents
- Chapter 5: Costs
- 4.27Application of Chapter and interpretation
- 4.28Requirement to assess costs by the detailed procedure
- 4.29Procedure where detailed assessment is required
- 4.30Costs paid otherwise than out of the assets of the further education body
- 4.31Award of costs against the education administrator
- 4.32Applications for costs
- 4.33Costs and expenses of witnesses
- 4.34Final costs certificate
- Chapter 6: Enforcement procedures
- 4.35Orders enforcing compliance
- 4.36Warrants under section 236
- Chapter 7: Appeals in education administration
- 4.37Application of CPR
- 4.38Appeals and reviews of in education administration proceedings
- 4.39Procedure on appeal
- Chapter 8: Court orders, formal defects and shorthand writers
- 4.40Court orders
- 4.41Formal defects
- 4.42Shorthand writers
- Part 5: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS
- Chapter 1: Interpretation
- 5.1Interpretation
- Chapter 2: Creditors’ claims in education administration
- 5.2Provable debts
- 5.3Proving a debt
- 5.4Requirements for proof
- 5.5Costs of proving
- 5.6Allowing inspection of proofs
- 5.7Admission and rejection of proofs for dividend
- 5.8Appeal against decision on proof
- 5.9Education administrator not liable for costs under rule 5.8
- 5.10Withdrawal or variation of proof
- 5.11Exclusion of proof by the court
- 5.12Debts of further education bodies to rank equally
- 5.13Division of unsold assets
- 5.14Estimate of value of debt
- 5.15Secured creditor: value of security
- 5.16Secured creditor: surrender for non-disclosure
- 5.17Secured creditor: redemption by education administrator
- 5.18Secured creditor: test of security’s value
- 5.19Realisation or surrender of security by creditor
- 5.20Discounts
- 5.21Debts in foreign currency
- 5.22Payments of a periodical nature
- 5.23Interest
- 5.24Mutual dealings and set-off
- Chapter 3: Distribution to creditors
- 5.25Application of Chapter to particular class of creditors and to distributions
- 5.26Individual notices to creditors etc of intended dividend or distribution
- 5.27Contents of notice of intention to declare a dividend or make a distribution
- 5.28Further contents of notice to creditors owed small debts etc.
- 5.29Gazette notice of intended first dividend or distribution
- 5.30Admission or rejection of proofs following last date for proving
- 5.31Postponement or cancellation of dividend
- 5.32Declaration of dividend
- 5.33Notice of declaration of a dividend
- 5.34Notice of no dividend or no further dividend
- 5.35Sole or final dividend
- 5.36Provisions as to dividends
- 5.37Supplementary provisions as to dividends
- 5.38Secured creditors
- 5.39Disqualification from dividend
- 5.40Assignment of right to dividend
- 5.41Debt payable at future time
- 5.42Non payment of dividend
- 5.43Reporting distribution of property to creditors under rule 5.13
- Part 6: THE EDUCATION ADMINISTRATOR
- Chapter 1: Replacing the Education Administrator
- 6.1Grounds for resignation
- 6.2Notice of intention to resign
- 6.3Notice of resignation
- 6.4Application to court to remove education administrator from office
- 6.5Notice of vacation of office when education administrator ceases to be qualified to act
- 6.6Deceased education administrator
- 6.7Application to replace
- 6.8Appointment of a replacement or additional education administrator
- 6.9Education administrator’s duties on vacating office
- Chapter 2: Remuneration and expenses
- 6.10Basis of remuneration
- 6.11Pre-administration costs
- 6.12Remuneration of former education administrator
- 6.13Remuneration of new education administrator
- Part 7: TIME, RULES ABOUT DOCUMENTS AND INTERPRETATION
- Chapter 1: Time
- 7.1Calculation of time periods
- Chapter 2: Form and content of documents
- 7.2Notices or statements in writing
- 7.3Authentication
- 7.4Information required to identify persons and proceedings etc.
- 7.5Prescribed format of documents
- 7.6Variations from prescribed contents
- Chapter 3: Standard contents of documents to be delivered to the registrar of companies
- 7.7Standard contents for documents delivered to the registrar of companies
- 7.8Registrar of companies: cover sheets
- 7.9Standard contents of all documents to be delivered to the registrar of companies
- 7.10Standard contents of documents relating to the office of education administrator
- 7.11Standard contents of documents relating to other documents
- 7.12Standard contents of documents relating to court orders
- Chapter 4: Standard contents of notices for delivery to other persons etc.
- 7.13Standard contents of notices to be delivered to persons other than the registrar of companies
- 7.14Standard contents of all notices
- 7.15Standard contents of notice relating to the office of education administrator
- 7.16Standard contents of notices relating to documents
- 7.17Standard contents of notices relating to court proceedings or orders
- 7.18Standard contents of returns or reports of decisions
- 7.19Standard contents of notices of the results of decisions
- 7.20Standard contents of documents relating to other events
- Chapter 5: Delivery of documents
- 7.21Application of Chapter
- 7.22Delivery of documents to authorised recipients
- 7.23Delivery of documents to joint education administrators
- 7.24Postal delivery of documents
- 7.25Delivery by document exchange
- 7.26Personal delivery of documents
- 7.27Electronic delivery of documents
- 7.28Electronic delivery of notices to enforcement officers
- 7.29Electronic delivery of documents to the court
- 7.30Electronic delivery by education administrator
- 7.31Proof of delivery of documents
- 7.32Delivery of proofs and details of claims
- Chapter 6: Inspection of documents, copies and provision of information
- 7.33Right to copy documents
- 7.34Charges for copies of documents provided by the education administrator
- 7.35Offence in relation to inspection of documents
- 7.36Right to list of creditors
- 7.37Confidentiality of documents – grounds for refusing inspection
- 7.38Proposed education administrator’s statement and consent to act
- Chapter 7: Use of websites
- 7.39Use of website by education administrator to deliver a particular document
- 7.40General use of website to deliver documents
- 7.41Retention period for documents made available on websites
- Chapter 8: Standard contents of Gazette notices
- 7.42Contents of notices to be gazetted under the Act or Rules
- 7.43Standard contents of all notices
- 7.44Gazette – as evidence, variations and errors
- Chapter 9: Standard contents of notices advertised otherwise than in the Gazette
- 7.45Standard contents of notices advertised otherwise than in the Gazette
- 7.46Non-Gazette notices relating to a further education body
- 7.47Non-Gazette notices – other provisions
- Chapter 10: Delivery of documents and opting out
- 7.48Delivery to the creditors and opting out
- 7.49Creditor’s election to opt out
- 7.50Education administrator to provide information to creditors on opting-out
- Signature
- Schedule 1Punishment of offences under these Rules
- Schedule 2: Service of documents
- 1Paragraph 1
- 2Service of application for education administration
- 3Service on joint education administrators
- 4Certificate of service
- Explanatory note