The Railway Administration Order Rules 2001
S.I. 2001/3352 · Made 6 October 2001
INSOLVENCY, ENGLAND AND WALES
COMPANIES, ENGLAND AND WALES
Made 6th October 2001
Laid before Parliament 8th October 2001
Coming into force 7th October 2001
The Lord Chancellor, in exercise of his powers under section 411 of the Insolvency Act 1986 and section 59(5) of the Railways Act 1993, with the concurrence of the Secretary of State, hereby makes the following Rules:
Annotations to the whole text
Footnotes
- f1
- f2
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1993 c. 43; sections 60, 61 and 62 and Schedules 6 and 7 were amended by the Transport Act 2000 (c. 38).
Contents
- Part 1: INTRODUCTORY PROVISIONS
- 1.1Citation and commencement
- 1.2Construction and interpretation
- 1.3Extent
- Part 2: RAILWAY ADMINISTRATION PROCEDURE
- 2.1Affidavit to support petition
- 2.2Independent report on company’s affairs
- 2.3Contents of affidavit
- 2.4Form of petition
- 2.5Filing of petition
- 2.6Service of petition
- 2.7Notice to sheriff, etc
- 2.8Manner in which service of petition is to be effected
- 2.9Proof of service
- 2.10The hearing
- 2.11Notice and advertisement of railway administration order
- Part 3: STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS
- 3.1Notice requiring statement of affairs
- 3.2Verification and filing
- 3.3Limited disclosure
- 3.4Release from duty to submit statement of affairs; extension of time
- 3.5Expenses of statement of affairs
- 3.6Statement to be annexed to proposals
- 3.7Notice to members of proposals to creditors
- Part 4: MEETINGS
- 4.1Creditors' meetings generally
- 4.2The chairman at meetings
- 4.3Entitlement to vote
- 4.4Admission and rejection of claims
- 4.5Secured creditors
- 4.6Holders of negotiable instruments
- 4.7Retention of title creditors
- 4.8Hire-purchase, conditional sale and chattel leasing agreements
- 4.9Resolutions and minutes
- 4.10Report to creditors
- 4.11Venue and conduct of members' meeting
- Part 5: THE SPECIAL RAILWAY ADMINISTRATOR
- 5.1Fixing of remuneration
- 5.2Recourse to the court
- 5.3Creditors' claim that remuneration is excessive
- 5.4Disposal of charged property, etc
- 5.5Abstract of receipts and payments
- 5.6Resignation
- 5.7Special Railway Administrator deceased
- 5.8Order filling vacancy
- Part 6: COURT PROCEDURE AND PRACTICE
- Chapter 1: APPLICATIONS
- 6.1Preliminary
- 6.2Interpretation
- 6.3Form and contents of application
- 6.4Filing and service of application
- 6.5Other hearings ex parte
- 6.6Hearing of application
- 6.7Use of affidavit evidence
- 6.8Filing and service of affidavits
- 6.9Use of reports
- 6.10Adjournment of hearing: directions
- Chapter 2: SHORTHAND WRITERS
- 6.11Appointment and remuneration of shorthand writers
- Chapter 3: ENFORCEMENT PROCEDURES
- 6.12Enforcement of court orders
- 6.13Orders enforcing compliance with the Rules
- 6.14Warrants under section 236 of the 1986 Act
- Chapter 4: COURT RECORDS AND RETURNS
- 6.15Title of proceedings
- 6.16Court records
- 6.17Inspection of records
- 6.18File of court proceedings
- 6.19Right to inspect the file
- 6.20Filing of Gazette notices and advertisements
- Chapter 5: COSTS AND DETAILED ASSESSMENT
- 6.21Application of the Civil Procedure Rules
- 6.22Requirement to assess costs by the detailed procedure
- 6.23Procedure where detailed assessment required
- 6.24Costs paid otherwise than out of the assets of the protected railway company
- 6.25Award of costs against special railway administrator
- 6.26Applications for costs
- 6.27Costs and expenses of witnesses
- 6.28Final costs certificate
- Chapter 6: PERSONS INCAPABLE OF MANAGING THEIR AFFIRS
- 6.29Introductory
- 6.30Appointment of another person to act
- 6.31Affidavit in support of application
- 6.32Service of notices following appointment
- Chapter 7: GENERAL
- 6.33Principal court rules and practice to apply
- 6.34Right of audience
- 6.35Right of attendance
- 6.36Special railway administrator’s solicitor
- 6.37Formal defects
- 6.38Restriction on concurrent proceedings and remedies
- 6.39Affidavits
- 6.40Security in court
- 6.41Payment into court
- 6.42Further information and disclosure
- 6.43Office copies of documents
- Part 7: PROXIES AND COMPANY REPRESENTATION
- 7.1Definition of Proxy
- 7.2Issue and use of forms of proxy
- 7.3Use of proxies at meetings
- 7.4Retention of proxies
- 7.5Right of inspection
- 7.6Proxy-holder with financial interest
- 7.7Company representation
- Part 8: EXAMINATION OF PERSONS IN RAILWAY ADMINISTRATION PROCEEDINGS
- 8.1Interpretation and Application
- 8.2Form and contents of application
- 8.3Order for examination, etc
- 8.4Procedure for examination
- 8.5Record of examination
- 8.6Costs of proceedings under section 236
- Part 9: MISCELLANEOUS AND GENERAL
- 9.1Power of Secretary of State to regulate certain matters
- 9.2Notices
- 9.3Quorum at creditors' meetings
- 9.4Evidence of proceedings at meeting
- 9.5Documents issuing from Secretary of State
- 9.6Forms for use in railway administration proceedings
- 9.7Special railway administrator’s security
- 9.8Time-limits
- 9.9Service by post
- 9.10General provisions as to service and notice
- 9.11Service outside the jurisdiction
- 9.12Confidentiality of documents
- 9.13Notices sent simultaneously to the same person
- 9.14Right to copy documents
- 9.15Charge for copy documents
- 9.16Non-receipt of notice of meeting
- 9.17Right to have list of creditors
- 9.18False claim of status as creditor
- 9.19The Gazette
- 9.20Punishment of offences
- Part 10: INTERPRETATION AND APPLICATION
- 10.1Introductory
- 10.2“The court”; “the registrar”
- 10.3“Give notice” etc.
- 10.4Notice, etc. to solicitors
- 10.5Notice to joint special railway administrators
- 10.6“Petition”
- 10.7“Venue”
- 10.8“Railway administration proceedings”
- 10.9“The appropriate fee”
- 10.10Expressions used generally
- 10.11Application
- Signature
- Schedule FORMS
- Explanatory note