Article 17 Limited disclosure of paragraph 49 of Schedule B1 to the 1986 Act statementI1
Scotland
Where the postal administrator thinks that it would prejudice the conduct of the postal administration or might reasonably be expected to lead to violence against any person for any of the matters specified in F1Rule 16(1)(h) and (i) to be disclosed, the postal administrator may apply to the court for an order of limited disclosure in respect of any specified part of the statement under paragraph 49 of Schedule B1 to the 1986 Act containing such matter.
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 or members of the company as otherwise required by paragraph 49(4) of Schedule B1 to the 1986 Act.
The postal administrator must as soon as reasonably practicable after the making of an order under paragraph (2), send to the persons specified in paragraph 49(4) to Schedule B1 to the 1986 Act the statement under paragraph 49 of that Schedule (to the extent provided by the order) and an indication of the nature of the matter in relation to which the order was made.
The postal administrator must also send a copy of the order to the registrar of companies.
A creditor who seeks disclosure of a part of a statement under paragraph 49 of Schedule B1 to the 1986 Act in relation to which an order has been made under this Rule may apply to the court for an order that the postal administrator disclose it. The application must be supported by written evidence in the form of an affidavit.
The court may make any order for disclosure subject to any conditions as to confidentiality, duration and scope of the order in the event of any change of circumstances, or other matters, as it sees just.
If there is a material change in circumstances rendering the limit on disclosure or any part of it unnecessary, the postal administrator must, as soon as reasonable practicable after the change, apply to the court for the order to be discharged or varied.
The postal administrator must, as soon as reasonably practicable after the making of an order under paragraph (7), send to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act a copy of the statement under paragraph 49 of that Schedule to the extent provided by the order.
Annotations
Textual amendments
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Words in rule 17(1) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)
Commencement
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Rule 17 in force at 1.10.2016, see rule 1