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The PPP Administration Order Rules 2007

S.I. 2007/3141 · Made 31 October 2007 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 26 February 2018.

INSOLVENCY, ENGLAND AND WALES

COMPANIES, ENGLAND AND WALES

Made 31st October 2007

Laid before Parliament 5th November 2007

Coming into force 30th November 2007

The Lord Chancellor, in the exercise of his powers under section 411 of the Insolvency Act 1986f1 and section 220(5) of the Greater London Authority Act 1999f2, makes the following Rules.

As required by section 411 of the Insolvency Act 1986, the Lord Chancellor makes these Rules with the concurrence of the Secretary of State, and of the Chancellor of the High Court (by the authority of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986) in relation to those rules that affect court procedure.

As required by section 413 of the Insolvency Act 1986f3, the Lord Chancellor has consulted the committee existing for that purpose before making these Rules.

Annotations to the whole text

Footnotes

f1

1986 c. 45. Section 411 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4.

f2

1999 c. 29.

f3

Section 413 was amended by the Constitutional Reform Act 2005, section 15(1) and Schedule 4 and by other enactments which are not relevant to these Rules.

Contents

  1. Part 1: INTRODUCTORY PROVISIONS
  2. 1Citation and commencement
  3. 2Construction and interpretation
  4. 3Extent
  5. Part 2: PPP ADMINISTRATION PROCEDURE
  6. 4Affidavit to support petition
  7. 5Contents of affidavit
  8. 6Form of petition
  9. 7Filing of petition
  10. 8Service of petition
  11. 9Notice to enforcement officer, etc
  12. 10Manner in which service of petition is to be effected
  13. 11Proof of service
  14. 12The hearing
  15. 13Notice and advertisement of PPP administration order
  16. 14Discharge of PPP administration order
  17. Part 3: STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS
  18. 15Notice requiring statement of affairs
  19. 16Verification and filing
  20. 17Limited disclosure
  21. 18Release from duty to submit statement of affairs; extension of time
  22. 19Expenses of statement of affairs
  23. 20Statement to be annexed to proposals
  24. 21Notice to members of proposals to creditors
  25. Part 4: MEETINGS
  26. 22Creditors’ meetings generally
  27. 23The chairman at meetings
  28. 24Entitlement to vote
  29. 25Admission and rejection of claims
  30. 26Secured creditors
  31. 27Holders of negotiable instruments
  32. 28Retention of title creditors
  33. 29Hire-purchase, conditional sale and chattel leasing agreements
  34. 30Resolutions and minutes
  35. 31Report to creditors
  36. 32Venue and conduct of members’ meeting
  37. Part 5: THE SPECIAL PPP ADMINISTRATOR
  38. 33Fixing of remuneration
  39. 34Disposal of charged property, etc
  40. 35Abstract of receipts and payments
  41. 36Resignation
  42. 37Special PPP Administrator deceased
  43. 38Order filling vacancy
  44. Part 6: COURT PROCEDURE AND PRACTICE
  45. Chapter 1: APPLICATIONS
  46. 39Preliminary
  47. 40Form and contents of application
  48. 41Filing and service of application
  49. 42Other hearings without notice
  50. 43Hearing of application
  51. 44Use of affidavit evidence
  52. 45Filing and service of affidavits
  53. 46Use of reports
  54. 47Adjournment of hearing: directions
  55. Chapter 2: SHORTHAND WRITERS
  56. 48Appointment and remuneration of shorthand writers
  57. Chapter 3: ENFORCEMENT PROCEDURES
  58. 49Enforcement of court orders
  59. 50Orders enforcing compliance with these Rules
  60. 51Warrants under section 236 of the 1986 Act
  61. Chapter 4: COURT RECORDS AND RETURNS
  62. 52Title of proceedings
  63. 53Court records
  64. 54Inspection of records
  65. 55File of court proceedings
  66. 56Right to inspect the file
  67. 57Filing of Gazette notices and advertisements
  68. Chapter 5: COSTS AND DETAILED ASSESSMENT
  69. 58Application of the Civil Procedure Rules
  70. 59Requirement to assess costs by the detailed procedure
  71. 60Procedure where detailed assessment required
  72. 61Costs paid otherwise than out of the assets of the PPP company
  73. 62Award of costs against special PPP administrator
  74. 63Applications for costs
  75. 64Costs and expenses of witnesses
  76. 65Final costs certificate
  77. Chapter 6: PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS
  78. 66Introductory
  79. 67Appointment of another person to act
  80. 68Affidavit in support of application
  81. 69Service of notices following appointment
  82. Chapter 7: APPEALS IN PPP ADMINISTRATION PROCEEDINGS
  83. 70Appeals and reviews of PPP administration orders
  84. 71Procedure on appeal
  85. Chapter 8: GENERAL
  86. 72Principal court rules and practice to apply
  87. 73Right of audience
  88. 74Right of attendance
  89. 75Special PPP administrator’s solicitor
  90. 76Formal defects
  91. 77Affidavits
  92. 78Security in court
  93. 79Payment into court
  94. 80Further information and disclosure
  95. 81Office copies of documents
  96. Part 7: PROXIES AND COMPANY REPRESENTATION
  97. 82Definition of proxy
  98. 83Issue and use of forms of proxy
  99. 84Use of proxies at meetings
  100. 85Retention of proxies
  101. 86Right of inspection
  102. 87Proxy-holder with financial interest
  103. 88Company representation
  104. Part 8: EXAMINATION OF PERSONS IN PPP ADMINISTRATION PROCEEDINGS
  105. 89Application
  106. 90Form and contents of application
  107. 91Order for examination, etc
  108. 92Procedure for examination
  109. 93Record of examination
  110. 94Costs of proceedings under section 236
  111. Part 9: MISCELLANEOUS AND GENERAL
  112. 95Power of Secretary of State to regulate certain matters
  113. 96Notices
  114. 97Quorum at creditors’ meetings
  115. 98Evidence of proceedings at meeting
  116. 99Documents issuing from Secretary of State
  117. 100Forms for use in PPP administration proceedings
  118. 101Special PPP administrator’s security
  119. 102Time-limits
  120. 103Service by post
  121. 104General provisions as to service and notice
  122. 105Service outside the jurisdiction
  123. 106Confidentiality of documents
  124. 107Notices sent simultaneously to the same person
  125. 108Right to copy documents
  126. 109Charge for copy documents
  127. 110Non-receipt of notice of meeting
  128. 111Right to have list of creditors
  129. 112False claim of status as creditor or member
  130. 113The Gazette
  131. 114Punishment of offences
  132. Part 10: INTERPRETATION AND APPLICATION
  133. 115Introductory
  134. 116“The court”; “the registrar”
  135. 117“Give notice” etc.
  136. 118Notice, etc. to solicitors
  137. 119Notice to joint special PPP administrators
  138. 120“Petition”
  139. 121“Venue”
  140. 122“PPP administration proceedings”
  141. 123“The appropriate fee”
  142. 124Expressions used generally
  143. 125Application and transitional provision
  144. Signature
  145. Schedule FORMS
  146. Explanatory note