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Rule 3.12 The hearingC1

C2(1)

At the hearing of the administration application, any of the following may appear or be represented—

(a)

the applicant;

(b)

the company;

(c)

one or more of the directors;

F1(ca)

if there is a moratorium in force for the company under Part A1 of the Act, the monitor;

(d)

any administrative receiver;

(e)

any person who has presented a petition for the winding up of the company;

(f)

the proposed administrator;

F2(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

the holder of any qualifying floating charge;

(i)

any supervisor of a CVA;

(j)

with the permission of the court, any other person who appears to have an interest which justifies appearance.

(2)

If the court makes an administration order, the costs of the applicant, and of any other person whose costs are allowed by the court, are payable as an expense of the administration.

Annotations

Textual amendments

F1

Rule 3.12(1)(ca) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 19 (with rules 4, 5)

F2

Rule 3.12(1)(g) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 58 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Rules 3.12, 3.13 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 38, Sch. (with rule 2(2))

C2

Rule 3.12(1) modified (23.4.2019) by S.I. 2010/3023, art. 3 (as amended by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 8(2))