# The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022, Rule 25: Limited disclosure of the statement of proposals

Extent: S

(1) Where the administrator thinks that it would prejudice the conduct of the special administration (or might reasonably be expected to lead to violence against any person) for any of the matters specified in rule 24(2)(i) to (n) to be disclosed, the administrator may apply to the court for an order of limited disclosure in respect of any specified part of the statement of proposals.
(2) The court may, on such application, order that some or all of the specified part of the statement must not be sent to the registrar of companies or to creditors, customers or members of the institution as otherwise required by paragraph 49(4) or to a payment system operator or to the Payment Systems Regulator or entered in the sederunt book.
(3) The administrator must as soon as is reasonably practicable deliver to the persons specified in paragraph (2) the statement of proposals (to the extent provided by the order) and an indication of the nature of the matter in relation to which the order was made.
(4) The administrator must also deliver a copy of the order to the registrar of companies and must place a copy in the sederunt book.
(5) A creditor who seeks disclosure of a part of the statement of proposals in relation to which an order has been made under this rule may apply to the court for an order that the administrator disclose it, and the application must be supported by written evidence in the form of an affidavit.
(6) The applicant must give the administrator notice of the application at least three business days before the hearing.
(7) The court may make any order for disclosure subject to such conditions as to—
(a) confidentiality,
(b) duration,
(c) the scope of the order in the event of any change of circumstances, or
(d) other matters,
as it thinks just.
(8) If there is a material change in circumstances rendering the limit on disclosure or any part of it unnecessary, the administrator must, as soon as is reasonably practicable after the change, apply to the court for the order or any part of it to be discharged or varied.
(9) The administrator must, as soon as is reasonably practicable after the making of an order under paragraph (7)—
(a) deliver to the persons specified in paragraph (2) a copy of the statement of proposals to the extent allowed by the order,
(b) place a copy of the order in the sederunt book together with a copy of the statement of proposals to the extent no longer subject to the order under paragraph (2).

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Source: https://www.legislation.gov.uk/uksi/2022/1239/rule/25 (the official version)
Page: https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022/rule-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.