Article 33 Revision of the postal administrator’s proposals

(1)

The postal administrator shall, forthwith, under paragraph 55, make a statement setting out the proposed revisions to their proposals which they shall send to all those to whom they are required to send a copy of their revised proposals and to the registrar.

(2)

The statement of revised proposals shall include—

(a)

notice that the proceedings are being dealt with in the High Court, and the relevant court reference number;

(b)

the full name, registered address, registered number and any other trading names of the company;

(c)

details relating to their appointment as postal administrator, including the date of appointment and whether the postal administration application was made by the Secretary of State or OFCOM;

(d)

the names of the directors and secretary of the company and details of any shareholdings in the company they may have;

(e)

a summary of the initial proposals and the reason(s) for proposing a revision;

(f)

details of the proposed revision including details of the postal administrator’s assessment of the likely impact of the proposed revision upon creditors generally or upon each class of creditors (as the case may be);

(g)

where a proposed revision relates to the ending of the postal administration by a creditors’ voluntary liquidation and the nomination of a person to be the proposed liquidator of the company—

(i)

details of the proposed liquidator,

(ii)

where applicable, the declaration required by Article 195 of the 1989 Order, and

(iii)

a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 84(6)(a) and Rule 81(3); and

(h)

any other information that the postal administrator thinks necessary to enable creditors to decide whether or not to vote for the proposed revisions.

(3)

Subject to paragraph 55(4), within 5 business days of sending out the statement in paragraph (1) of this Rule, the postal administrator shall send a copy of the statement to every member of the company.

(4)

Any notice to be published by the postal administrator acting under paragraph 55(4) shall be advertised in such manner as the postal administrator thinks fit.

(5)

The notice shall be published forthwith after the postal administrator sends the statement to the creditors and in addition to the standard contents shall state—

(a)

that members can write for a copy of the statement of revised proposals for the postal administration; and

(b)

the address to which to write.