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The Railway Administration Order Rules 2001

S.I. 2001/3352 · Made 6 October 2001

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INSOLVENCY, ENGLAND AND WALES

COMPANIES, ENGLAND AND WALES

Made 6th October 2001

Laid before Parliament 8th October 2001

Coming into force 7th October 2001

Whereas the only provision made by the following Rules is provision applying rules made under section 411 of the Insolvency Act 1986f1, with modifications, for the purposes of provision made by sections 59 to 65 of, and Schedules 6 and 7 to, the Railways Act 1993f2;

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

1986 c. 45.

f2

1993 c. 43; sections 60, 61 and 62 and Schedules 6 and 7 were amended by the Transport Act 2000 (c. 38).

Contents

  1. Part 1: INTRODUCTORY PROVISIONS
  2. 1.1Citation and commencement
  3. 1.2Construction and interpretation
  4. 1.3Extent
  5. Part 2: RAILWAY ADMINISTRATION PROCEDURE
  6. 2.1Affidavit to support petition
  7. 2.2Independent report on company’s affairs
  8. 2.3Contents of affidavit
  9. 2.4Form of petition
  10. 2.5Filing of petition
  11. 2.6Service of petition
  12. 2.7Notice to sheriff, etc
  13. 2.8Manner in which service of petition is to be effected
  14. 2.9Proof of service
  15. 2.10The hearing
  16. 2.11Notice and advertisement of railway administration order
  17. Part 3: STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS
  18. 3.1Notice requiring statement of affairs
  19. 3.2Verification and filing
  20. 3.3Limited disclosure
  21. 3.4Release from duty to submit statement of affairs; extension of time
  22. 3.5Expenses of statement of affairs
  23. 3.6Statement to be annexed to proposals
  24. 3.7Notice to members of proposals to creditors
  25. Part 4: MEETINGS
  26. 4.1Creditors' meetings generally
  27. 4.2The chairman at meetings
  28. 4.3Entitlement to vote
  29. 4.4Admission and rejection of claims
  30. 4.5Secured creditors
  31. 4.6Holders of negotiable instruments
  32. 4.7Retention of title creditors
  33. 4.8Hire-purchase, conditional sale and chattel leasing agreements
  34. 4.9Resolutions and minutes
  35. 4.10Report to creditors
  36. 4.11Venue and conduct of members' meeting
  37. Part 5: THE SPECIAL RAILWAY ADMINISTRATOR
  38. 5.1Fixing of remuneration
  39. 5.2Recourse to the court
  40. 5.3Creditors' claim that remuneration is excessive
  41. 5.4Disposal of charged property, etc
  42. 5.5Abstract of receipts and payments
  43. 5.6Resignation
  44. 5.7Special Railway Administrator deceased
  45. 5.8Order filling vacancy
  46. Part 6: COURT PROCEDURE AND PRACTICE
  47. Chapter 1: APPLICATIONS
  48. 6.1Preliminary
  49. 6.2Interpretation
  50. 6.3Form and contents of application
  51. 6.4Filing and service of application
  52. 6.5Other hearings ex parte
  53. 6.6Hearing of application
  54. 6.7Use of affidavit evidence
  55. 6.8Filing and service of affidavits
  56. 6.9Use of reports
  57. 6.10Adjournment of hearing: directions
  58. Chapter 2: SHORTHAND WRITERS
  59. 6.11Appointment and remuneration of shorthand writers
  60. Chapter 3: ENFORCEMENT PROCEDURES
  61. 6.12Enforcement of court orders
  62. 6.13Orders enforcing compliance with the Rules
  63. 6.14Warrants under section 236 of the 1986 Act
  64. Chapter 4: COURT RECORDS AND RETURNS
  65. 6.15Title of proceedings
  66. 6.16Court records
  67. 6.17Inspection of records
  68. 6.18File of court proceedings
  69. 6.19Right to inspect the file
  70. 6.20Filing of Gazette notices and advertisements
  71. Chapter 5: COSTS AND DETAILED ASSESSMENT
  72. 6.21Application of the Civil Procedure Rules
  73. 6.22Requirement to assess costs by the detailed procedure
  74. 6.23Procedure where detailed assessment required
  75. 6.24Costs paid otherwise than out of the assets of the protected railway company
  76. 6.25Award of costs against special railway administrator
  77. 6.26Applications for costs
  78. 6.27Costs and expenses of witnesses
  79. 6.28Final costs certificate
  80. Chapter 6: PERSONS INCAPABLE OF MANAGING THEIR AFFIRS
  81. 6.29Introductory
  82. 6.30Appointment of another person to act
  83. 6.31Affidavit in support of application
  84. 6.32Service of notices following appointment
  85. Chapter 7: GENERAL
  86. 6.33Principal court rules and practice to apply
  87. 6.34Right of audience
  88. 6.35Right of attendance
  89. 6.36Special railway administrator’s solicitor
  90. 6.37Formal defects
  91. 6.38Restriction on concurrent proceedings and remedies
  92. 6.39Affidavits
  93. 6.40Security in court
  94. 6.41Payment into court
  95. 6.42Further information and disclosure
  96. 6.43Office copies of documents
  97. Part 7: PROXIES AND COMPANY REPRESENTATION
  98. 7.1Definition of Proxy
  99. 7.2Issue and use of forms of proxy
  100. 7.3Use of proxies at meetings
  101. 7.4Retention of proxies
  102. 7.5Right of inspection
  103. 7.6Proxy-holder with financial interest
  104. 7.7Company representation
  105. Part 8: EXAMINATION OF PERSONS IN RAILWAY ADMINISTRATION PROCEEDINGS
  106. 8.1Interpretation and Application
  107. 8.2Form and contents of application
  108. 8.3Order for examination, etc
  109. 8.4Procedure for examination
  110. 8.5Record of examination
  111. 8.6Costs of proceedings under section 236
  112. Part 9: MISCELLANEOUS AND GENERAL
  113. 9.1Power of Secretary of State to regulate certain matters
  114. 9.2Notices
  115. 9.3Quorum at creditors' meetings
  116. 9.4Evidence of proceedings at meeting
  117. 9.5Documents issuing from Secretary of State
  118. 9.6Forms for use in railway administration proceedings
  119. 9.7Special railway administrator’s security
  120. 9.8Time-limits
  121. 9.9Service by post
  122. 9.10General provisions as to service and notice
  123. 9.11Service outside the jurisdiction
  124. 9.12Confidentiality of documents
  125. 9.13Notices sent simultaneously to the same person
  126. 9.14Right to copy documents
  127. 9.15Charge for copy documents
  128. 9.16Non-receipt of notice of meeting
  129. 9.17Right to have list of creditors
  130. 9.18False claim of status as creditor
  131. 9.19The Gazette
  132. 9.20Punishment of offences
  133. Part 10: INTERPRETATION AND APPLICATION
  134. 10.1Introductory
  135. 10.2“The court”; “the registrar”
  136. 10.3“Give notice” etc.
  137. 10.4Notice, etc. to solicitors
  138. 10.5Notice to joint special railway administrators
  139. 10.6“Petition”
  140. 10.7“Venue”
  141. 10.8“Railway administration proceedings”
  142. 10.9“The appropriate fee”
  143. 10.10Expressions used generally
  144. 10.11Application
  145. Signature
  146. Schedule FORMS
  147. Explanatory note