Rule 147 Procedure for examinationI1

At any examination of the respondent, the postal administrator may attend in person, or be represented by a solicitor with or without counsel, and may put such questions to the respondent as the court may allow.

Where application has been made under section 236 on information provided by a creditor of the company, that creditor may, with the permission of the court and if the postal administrator does not object, attend the examination and put questions to the respondent (but only through the postal administrator).

If the respondent is ordered to clarify any matter or to give additional information, the court shall direct them as to the questions which they are required to answer, and as to whether their answers (if any) are to be made in a witness statement.

The respondent may at their own expense employ a solicitor with or without counsel, who may put to them such questions as the court may allow for the purpose of enabling them to explain or qualify any answers given by them, and may make representations on their behalf.

There shall be made in writing such record of the examination as the court thinks proper. The record shall be read over either to or by the respondent and authenticated by them at a venue fixed by the court.

The written record may, in any proceedings (whether under the 1986 Act or otherwise), be used as evidence against the respondent of any statement made by them in the course of their examination.