Article 7.48 Delivery to the creditors and opting outI1

England and Wales

(1)

Where the Act or a rule requires a housing administrator to deliver a document to the creditors, or the creditors in a class, the requirement is satisfied by the delivery of the document to all such creditors of whose address the housing administrator is aware other than opted-out creditors (where the opt out applies).

(2)

Where a creditor has opted out from receiving documents, the opt out does not apply to—

(a)

a notice which the Act requires to be delivered to all creditors without expressly excluding opted-out creditors;

(b)

a notice of a change in the housing administrator or the contact details for the housing administrator;

(c)

a notice as provided for by section 246C(2) of the Act; or

(d)

a document which these Rules require to accompany a notice within sub-paragraphs (a) to (c).

(3)

The housing administrator must begin to treat a creditor as an opted-out creditor as soon as reasonably practicable after delivery of the creditor’s election to opt out.

Annotations

Commencement

I1: Rule 7.48 in force at 5.7.2018, see rule 1.1