# The Financial Market Infrastructure Administration (England and Wales) Rules 2018, Article 7: Service of FMI administration application


(1) The Bank must serve a sealed and endorsed copy of the FMI administration application and accompanying documents—
(a) on the infrastructure company;
(b) where the infrastructure company is a designated service provider, on the operator of the recognised payment system or securities settlement system (or, if there is more than one system or operator, on each such system or operator) in relation to which the infrastructure company provides services;
(c) on each person nominated for appointment as FMI administrator;
(d) on any person who, to the knowledge of the Bank, is entitled to appoint an administrative receiver or an administrator under paragraph 14 of Schedule B1; and
(e) on any person who has given the Bank notice under section 122(1)(a) or (2)(b), 123(3)(a) or 124(a) of the 2013 Act.
(2) The service of documents under paragraph (1) must be effected as soon as is reasonably practicable, having regard, in particular, to the need to give representatives of the infrastructure company a reasonable opportunity to attend the hearing.
(3) The service of documents on a person under paragraph (1) must be effected—
(a) by personal service at an address that the person has notified to the Bank as an address for service;
(b) where the person has not notified an address for service, by personal service at the person’s registered office;
(c) where the person has not notified an address for service and has no registered office, by personal service at the person’s usual or last known principal place of business in England and Wales; or
(d) in such other manner and at such other place as the court may direct.
(4) If the Bank knows of an email address that is habitually used for business purposes by a person on whom documents are required by this rule to be served, the Bank must as soon as is reasonably practicable (in addition to personal service) send by email an electronic copy of a sealed and endorsed copy of the FMI administration application issued for service under rule 6 and of the accompanying documents.
(5) The service of the FMI administration application and accompanying documents must be verified by a certificate of service which—
(a) identifies the application and the infrastructure company;
(b) identifies the accompanying documents by reference to the date on which each statement was made and the person who made it;
(c) specifies—
(i) the date of the application;
(ii) the court in which the application was made and the court reference number;
(iii) whether the copy of the application served was a sealed copy;
(iv) the person served;
(v) the manner of service and the date of service; and
(d) is verified by a statement of truth made in accordance with Part 22 of the Civil Procedure Rules 1998.
(6) The certificate of service, together with a copy of the documents served, must be filed with the court as soon as is reasonably practicable before the hearing of the FMI administration application.

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Source: https://www.legislation.gov.uk/uksi/2018/833/article/7 (the official version)
Page: https://openlegislation.uk/financial-market-infrastructure-administration-england-and-wales-rules-2018/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.