Article 10 Notification and advertisement of postal administrator’s appointmentI1

Scotland

(1)

The notice of appointment, which the postal administrator must publish as soon as is reasonably practicable after appointment by virtue of paragraph 46(2)(b) of Schedule B1 to the 1986 Act, shall be advertised in the Edinburgh Gazette in Form PA4(S) and may be advertised in such other manner as the postal administrator thinks fit.

(2)

In addition to the standard content, the notice under paragraph (1) must state—

(a)

that a postal administrator has been appointed;

(b)

the date of the appointment; and

(c)

the nature of the business of the company.

(3)

The postal administrator shall at the same time give notice of the postal administrator’s appointment to the following persons—

(a)

an administrative receiver, if appointed;

(b)

a petitioner in a petition for the winding up of the company, if that petition is pending;

(c)

any provisional liquidator of the company, if appointed;

(d)

any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 10 to the 2011 Act, in relation to the company;

(e)

any supervisor of a voluntary arrangement under Part 1 of the 1986 Act;

(f)

any holder of a qualifying floating charge who, to the postal administrator’s knowledge, has served notice in accordance with section 70 of the 2011 Act that the person is seeking to appoint an administrator;

(g)

any creditor who, to the postal administrator’s knowledge, has served notice in accordance with section 78 of the 2011 Act (enforcement of security) of the creditor’s intention to enforce the creditor’s security over property of the company;

(h)

the Keeper of the Register of Inhibitions and Adjudications for recording in that register;

(i)

if the application for the postal administration order was made by the Secretary of State, F1... OFCOM; and

(j)

if the application for the postal administration order was made by OFCOM, F2... the Secretary of State.

(4)

Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the postal administrator is required to send a notice of the postal administrator’s appointment to any person, the postal administrator shall do so in Form PA5(S).

Annotations

Textual amendments

F1: Word in rule 10(3)(i) omitted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(4)(a)
F2: Word in rule 10(3)(j) omitted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(4)(b)

Commencement

I1: Rule 10 in force at 1.10.2016, see rule 1