The Postal Administration Rules 2013
S.I. 2013/3208 · Made 18 December 2013 · Extends to England and Wales
Insolvency, England And Wales
Companies
Made 18th December 2013
Laid before Parliament 19th December 2013
Coming into force 31st January 2014
The Lord Chancellor makes the following Rules—
with the concurrence of the Secretary of State, and
with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice, under section 411(7)f3 of the Insolvency Act 1986) in relation to those rules that affect court procedure.
Annotations to the whole text
Footnotes
- f1
-
1986 c.45, as amended by the Enterprise Act 2002 (c. 40). Section 411 was amended by the Insolvency Act 1986 (Amendment Regulations) (S.I. 2002/1037). Section 411(3) was amended by the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), Schedule 4, Part 3, paragraph 44. There are other amending Acts and instruments but none is relevant.
- f2
-
2011 c.5. Section 73(4) of that Act disapplies section 413(2) of the 1986 Act (duty to consult the Insolvency Rules Committee before making rules under section 411 of the 1986 Act).
- f3
-
Subsection (7) was inserted by the Constitutional Reform Act 2005 c. 4, Schedule 4, paragraphs 185 and 188(1) and (3).
Contents
- Part 1: Introductory Provisions
- 1Citation and Commencement
- 2Construction and Interpretation
- 3Extent
- Part 2: Appointment of Postal Administrator by Court
- 4Witness statement
- 5Form of application
- 6Contents of application and witness statement
- 7Filing of application
- 8Service of application
- 9Notice to officers charged with execution of writs or other process
- 10Manner in which service to be effected
- 11Proof of service
- 12The hearing
- 13Notice of postal administration order
- Part 3: Process of Postal Administration
- 14Notification and advertisement of postal administrator’s appointment
- 15Notice requiring statement of affairs
- 16Verification and filing
- 17Limited disclosure
- 18Release from duty to submit statement of affairs; extension of time
- 19Expenses of statement of affairs
- 20Postal administrator’s proposals
- 21Limited disclosure of paragraph 49 statement
- Part 4: MEETINGS AND REPORTS
- Chapter 1: Creditors Meetings
- 22Creditors’ meetings generally
- 23The chair at meetings
- 24Creditors’ meeting for nomination of alternative liquidator
- 25Notice of meetings by advertisement only
- 26Entitlement to vote
- 27Admission and rejection of claims
- 28Secured creditors
- 29Holders of negotiable instruments
- 30Hire-purchase, conditional sale and chattel leasing agreements
- 31Resolutions
- 32Minutes
- 33Revision of the postal administrator’s proposals
- 34Reports to creditors
- Chapter 2: Company Meetings
- 35Venue and conduct of company meeting
- Part 5: DISPOSAL OF CHARGED PROPERTY
- 36Authority to dispose of property
- Part 6: EXPENSES OF THE POSTAL ADMINISTRATION
- 37Priority of expenses of postal administration
- 38Pre-postal administration costs
- Part 7: DISTRIBUTION TO CREDITORS
- Chapter 1: Application of Part and General
- 39Distribution to creditors generally
- 40Debts of insolvent company to rank equally
- 41Supplementary provisions as to dividend
- 42Division of unsold assets
- Chapter 2: Machinery of Proving a Debt
- 43Proving a debt
- 44Costs of proving
- 45Postal administrator to allow inspection of proofs
- 46New postal administrator appointed
- 47Admission and rejection of proofs for dividend
- 48Appeal against decision on proof
- 49Withdrawal or variation of proof
- 50Expunging of proof by the court
- Chapter 3: Quantification of Claims
- 51Estimate of quantum
- 52Negotiable instruments, etc
- 53Secured creditors
- 54Discounts
- 55Mutual credits and set-off
- 56Debt in foreign currency
- 57Payments of a periodical nature
- 58Interest
- 59Debt payable at future time
- 60Value of security
- 61Surrender for non-disclosure
- 62Redemption by postal administrator
- 63Test of security’s value
- 64Realisation of security by creditor
- 65Notice of proposed distribution
- 66Admission or rejection of proofs
- 67Postponement or cancellation of dividend
- 68Declaration of dividend
- 69Notice of declaration of a dividend
- 70Payments of dividends and related matters
- 71Notice of no dividend, or no further dividend
- 72Proof altered after payment of dividend
- 73Secured creditors
- 74Disqualification from dividend
- 75Assignment of right to dividend
- 76Debt payable at future time
- Part 8: THE POSTAL ADMINISTRATOR
- 77Fixing of remuneration
- Part 9: ENDING POSTAL ADMINISTRATION
- 78Final progress reports
- 79Application to court
- 80Notification by postal administrator of court order
- 81Moving from postal administration to creditors’ voluntary liquidation
- 82Moving from postal administration to dissolution
- 83Provision of information to the Secretary of State
- Part 10: REPLACING POSTAL ADMINISTRATOR
- 84Grounds for resignation
- 85Notice of intention to resign
- 86Notice of resignation
- 87Application to court to remove postal administrator from office
- 88Notice of vacation of office when postal administrator ceases to be qualified to act
- 89Postal administrator deceased
- 90Application to replace
- 91Notification and advertisement of appointment of replacement postal administrator
- 92Notification and advertisement of appointment of joint postal administrator
- 93Notification to Registrar of Companies
- 94Postal administrator’s duties on vacating office
- Part 11: COURT PROCEDURE AND PRACTICE
- Chapter 1: Applications
- 95Preliminary
- 96Form and contents of application
- 97Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
- 98Filing and service of application
- 99Notice of application under section 176A(5) of the 1986 Act
- 100Hearings without notice
- 101Hearing of application
- 102Witness statements—general
- 103Filing and service of witness statements
- 104Use of reports
- 105Adjournment of hearing; directions
- 106General power of transfer
- 107Proceedings commenced in wrong court
- 108Applications for transfer
- 109Procedure following order for transfer
- Chapter 2: Shorthand Writers
- 110Nomination and appointment of shorthand writers
- 111Remuneration
- Chapter 3: Enforcement Procedures
- 112Enforcement of court orders
- 113Orders enforcing compliance with the Rules
- 114Warrants under section 236 of the 1986 Act
- Chapter 4: Court Records and Returns
- 115Court file
- Chapter 5: Costs and Detailed Assessment
- 116Application of Chapter 5
- 117Requirement to assess costs by the detailed procedure
- 118Procedure where detailed assessment required
- 119Costs paid otherwise than out of the assets of the company
- 120Award of costs against postal administrator
- 121Applications for costs
- 122Costs and expenses of witnesses
- 123Final costs certificate
- Chapter 6: Persons who Lack Capacity to Manage their Affairs
- 124Introductory
- 125Appointment of another person to act
- 126Witness statement in support of application
- 127Service of notices following appointment
- Chapter 7: Appeals in Postal Administration Proceedings
- 128Appeals and reviews of postal administration orders
- 129Procedure on appeal
- Chapter 8: General
- 130Principal court rules and practice to apply
- 131Right of audience
- 132Formal defects
- 133Service of orders staying proceedings
- 134Payment into court
- 135Further Information and Disclosure
- 136Office copies of documents
- Part 12: PROXIES AND COMPANY REPRESENTATION
- 137Definition of “proxy”
- 138Issue and use of forms
- 139Use of proxies at meetings
- 140Retention of proxies
- 141Right of inspection
- 142Proxy-holder with financial interest
- 143Company representation
- Part 13: EXAMINATION OF PERSONS IN POSTAL ADMINISTRATION PROCEEDINGS
- 144Preliminary
- 145Form and contents of application
- 146Order for examination, etc
- 147Procedure for examination
- 148Record of examination
- 149Costs of proceedings under section 236
- Part 14: MISCELLANEOUS AND GENERAL
- 150Power of Secretary of State to regulate certain matters
- 151Costs, expenses, etc
- 152Provable debts
- 153False claim of status as creditor, etc
- 154Punishment of offences
- Part 15: PROVISIONS OF GENERAL EFFECT
- Chapter 1: The Giving of Notice and the Supply of Documents—general
- 155Application
- 156Personal delivery of documents
- 157Postal delivery of documents
- 158Non-receipt of notice of meeting
- 159Notice etc to solicitors
- Chapter 2: The Giving of Notice and the Supply of Documents by or to a Postal administrator etc
- 160Application
- 161The form of notices and other documents
- 162Proof of sending etc
- 163Authentication
- 164Electronic delivery in postal administration proceedings—general
- 165Electronic delivery by postal administrator
- 166Use of websites by postal administrator
- 167Special provision on account of expense as to website use
- 168Electronic delivery of postal administration proceedings to courts
- 169Notice etc to joint postal administrators
- Chapter 3: Service of Court Documents
- 170Application of CPR Part 6 to service of court documents within the jurisdiction
- 171Service on joint postal administrators
- 172Application of CPR Part 6 to service of court documents outside the jurisdiction
- Chapter 4: Meetings
- 173Quorum at meeting of creditors
- 174Remote attendance at meetings of creditors
- 175Action where person excluded
- 176Indication to excluded person
- 177Complaint
- Chapter 5: Forms
- 178Forms for use in postal administration proceedings
- 179Electronic submission of information instead of submission of forms to the Secretary of State, postal administrators, and of copies to the registrar of companies
- 180Electronic submission of information instead of submission of forms in all other cases
- Chapter 6: Gazette Notices
- 181Contents of notices to be gazetted under the 1986 Act or the Rules
- 182Omission of unobtainable information
- 183The Gazette—general
- Chapter 7: Notices Advertised Otherwise than in the Gazette
- 184Notices otherwise advertised under the 1986 Act or the Rules
- 185Non-Gazette notices—other provisions
- Chapter 8: Notifications to the Registrar of Companies
- 186Application of this Chapter
- 187Information to be contained in all notifications to the registrar
- 188Notifications relating to the office of postal administrator
- 189Notifications relating to documents
- 190Notifications relating to court orders
- 191Returns or reports of meetings
- 192Notifications relating to other events
- 193Notifications of more than one nature
- 194Notifications made to other persons at the same time
- Chapter 9: Inspection of Documents and the Provision of Information
- 195Confidentiality of documents—grounds for refusing inspection
- 196Right to copy documents
- 197Charges for copy documents
- 198Right to have list of creditors
- Chapter 10: Computation of Time and Time Limits
- 199Time limits
- Chapter 11: Security
- 200Postal administrator’s security
- Chapter 12: Notice of Order Under Section 176A(5) of the 1986 Act
- 201Notice of order under section 176A(5) of the 1986 Act
- Part 16: Interpretation and application
- 202Introductory
- 203“The appropriate fee”
- 204“Authorised deposit-taker and former authorised deposit-taker”
- 205“The court”; “the registrar”
- 206“Debt”, “liability”
- 207“Petitioner”
- 208“Venue”
- 209Expressions used generally
- 210Application
- 211Application of the 1986 Act
- Signature
- Schedule 1Forms
- Schedule 2Punishment of offences under these rules
- Explanatory note