Article 2.3 Contents of affidavit

(1)

The affidavit shall state that the company is a protected railway company within the meaning of Part I of the 1993 Act.

(2)

The affidavit shall state one or more of the following—

(a)

the deponent’s belief that the protected railway company is, or is likely to become, unable to pay its debts and the grounds of that belief;

(b)

that the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the protected railway company under section 124A of the 1986 Act (petition for winding up on grounds of public interest) and that it would be just and equitable, as mentioned in that section, for the company to be wound up;

(c)

that an agreement between the Secretary of State and a relevant rail link undertaker has been determined.

(3)

There shall in the affidavit be provided a statement of the protected railway company’s financial position, specifying (to the best of the deponent’s knowledge and belief) assets and liabilities of the company, including contingent and prospective liabilities.

(4)

Details shall be given of any security known or believed to be held by creditors of the protected railway company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver. If an administrative receiver has been appointed, that fact shall be stated.

(5)

So far as within the immediate knowledge of the deponent, the affidavit shall contain details of—

(a)

any petition which has been presented for the winding up of the protected railway company;

(b)

any application for leave of the court to pass a resolution for the voluntary winding up of the protected railway company;

(c)

any application for an administration order under Part II of the 1986 Act in relation to the protected railway company;

(d)

any notice served in accordance with section 62(7) of the 1993 Act by any person intending to enforce any security over a protected railway company’s property; and

(e)

any step taken to enforce any such security.

(6)

If there are other matters which, in the opinion of the person intending to present the petition for a railway administration order, will assist the court in deciding whether to make such an order, those matters (so far as lying within the knowledge or belief of the deponent) shall also be stated.

(7)

If a report has been prepared for the protected railway company under Rule 2.2, that fact shall be stated.