Article 3.29 Decision making

(1)

Where the education administrator seeks a decision from the creditors on any issue and subject to paragraph (3), Chapters 2, 3, 6, 7, 8, 9 and 11 of Part 15 and Part 16 of the Insolvency (England and Wales) Rules 2016 apply to that decision, as they apply to administration, but with the modifications set out in paragraph (2).

(2)

The provisions applied by paragraph (1) are subject to the following modifications—

(a)

for “administration”, in each place, substitute “education administration”;

(b)

for “administrator”, in each place, substitute “education administrator”;

(c)

for “company”, in each place, substitute “further education body”;

(d)

for “convener”, in each place, substitute “education administrator”;

(e)

the following is substituted for rule 15.21—

“15.21.

The chair of the meeting must be either the education administrator or a person nominated by the education administrator to act as chair.”;

(f)

in rule 15.8, the reference to rule 14.31(1) is a reference to rule 5.28(1) of these Rules;

(g)

in rule 15.31, the reference to rule 14.24 is a reference to rule 5.24 of these Rules; and

(h)

in rule 16.6 the reference to rule 1.58 is a reference to rule 7.37 of these Rules.

(3)

In the application of Part 15 of the Insolvency (England and Wales) Rules 2016 to a decision sought by the education administrator in an education administration, rules 15.16, 15.24, 15.28(6), 15.29 and 15.30 do not apply.