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Article 35 Progress reportsF1I1

Scotland

(1)

The postal administrator shall—

(a)

within six weeks after the end of each accounting period; and

(b)

within six weeks after the postal administrator ceases to act as postal administrator,

send to the court, the registrar of companies, each creditor, the Secretary of State and OFCOM, a progress report attached to Form PA13(S).

(2)

For the purposes of this Rule, “progress report” means a report which includes—

(a)

the name of the court which granted the postal administration order or in which the notice of appointment was lodged, and the court reference number (if any);

(b)

details of the company’s name, address and registration number;

(c)

details of the postal administrator’s name and address, date of appointment and name and address of the applicant for the postal administration order, including any changes in office-holder, and, in the case of joint postal administrators, their functions as set out in the statement made for the purposes of section 72(5) of the 2011 Act (postal administrators);

(d)

details of progress to date, including a receipts and payments account which states what assets of the company have been realised, for what value, and what payments have been made to creditors, in the form of an abstract showing—

(i)

receipts and payments during the relevant accounting period;

(ii)

where the postal administrator has ceased to act, receipts and payments during the period from the end of the last accounting period to the time when the postal administrator so ceased (or, where the postal administrator has made no previous progress report, receipts and payments in the period since appointment);

(e)

details of any assets that remain to be realised;

(f)

where a distribution is to be made in accordance with Part 6 in respect of an accounting period, the scheme of division; and

(g)

any other relevant information for the creditors.

(3)

In a receipts and payments account falling within paragraph (2)(d)(ii), the postal administrator shall include a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A of the 1986 Act (share of assets for unsecured creditors)f1.

(4)

The court may, on the application of the postal administrator, extend the period of six weeks referred to in paragraph (1) of this Rule.

(5)

If the postal administrator makes default in complying with this Rule without reasonable excuse, the postal administrator shall be guilty of an offence.

(6)

A postal administrator convicted of an offence under paragraph (5) shall be liable—

(a)

on summary conviction to a fine not exceeding one-fifth of the statutory maximum; or

(b)

in relation to a second or subsequent conviction of the offence, to a daily default fine of one-fiftieth of the statutory maximum in respect of each day on which the contravention is continued.

(7)

This Rule is without prejudice to the requirements of Part 6 (distribution to creditors).

Annotations

Textual amendments

F1

Word in rule 35 heading substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(7)

Commencement

I1

Rule 35 in force at 1.10.2016, see rule 1

Footnotes

f1

Section 176A was inserted by the Enterprise Act 2002 (c.40), section 252.