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The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023

S.I. 2023/712 · Made 22 June 2023

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Insolvency, England And Wales

Made 22nd June 2023

Laid before Parliament 27th June 2023

Coming into force 18th July 2023

The Lord Chancellor makes the following Rules, in exercise of powers conferred by section 411 of the Insolvency Act 1986f1 and section 159(3) of the Energy Act 2004f2, as applied by section 33 of the Nuclear Energy (Financing) Act 2022f3.

The Rules are made with the concurrence of the Secretary of State and, in the case of those rules which affect court procedure, of the Chancellor of the High Court (as nominee of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986). The Lord Chancellor has consulted the Insolvency Rules Committee in accordance with section 413(2) of the Insolvency Act 1986f4.

Annotations to the whole text

Footnotes

f1

1986 c. 45. Section 411 of the Insolvency Act 1986 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c. 4), Schedule 4, paragraph 188. Section 411(3) was amended by S.I. 2007/2194 and the Banking Act 2009 (c. 1), section 160. There are other amending Acts and instruments, but none is relevant.

f2

2004 c. 20. Section 159(3) was amended by the Energy Act 2011 (c. 16), section 97 and the Nuclear Energy (Financing) Act 2022 (c. 15), section 34.

f3

2022 c. 15.

f4

Section 413 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 190, the Crime and Courts Act 2013 (c.22), Schedule 9, paragraph 93 and S.I. 2018/130. There are other amendments, but none is relevant.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Application
  4. 3Interpretation
  5. 4Interpretation: “debt”; “liability”
  6. Part 2: Application for an RLNC administration order
  7. 5Form of application
  8. 6Proposed nuclear administrator’s statement and consent to act
  9. 7Witness statement in support of application
  10. 8Filing of application
  11. 9Service of application
  12. 10Notice to officers charged with distress or other legal process
  13. 11The hearing
  14. 12Notice of relevant licensee nuclear company administration order
  15. Part 3: Process of relevant licensee nuclear company administration
  16. 13Notification and advertisement of nuclear administrator’s appointment
  17. 14Notice requiring statement of affairs
  18. 15Statement of affairs: content
  19. 16Statement of concurrence
  20. 17Statement of affairs: filing, etc.
  21. 18Statement of affairs: limited disclosure
  22. 19Release from duty to submit statement of affairs; extension of time
  23. 20Expenses of statement of affairs and statement of concurrence
  24. 21Nuclear administrator’s proposals
  25. 22Statement of pre-relevant-licensee-nuclear-company-administration costs
  26. 23Ancillary provisions about delivery of nuclear administrator’s proposals
  27. 24Limited disclosure: nuclear administrator’s proposals
  28. 25Revision of the nuclear administrator’s proposals
  29. 26Reports
  30. Part 4: Creditors’ decisions and company meetings
  31. Chapter 1: Creditors’ decisions
  32. 27Application
  33. 28Creditors’ decisions
  34. 29Creditors’ decisions for the nomination of an alternative liquidator
  35. 30Decision making
  36. Chapter 2: Company Meetings
  37. 31Application
  38. 32Venue and conduct of company meeting
  39. 33Proxies and representatives
  40. 34Remote attendance at meetings: request to specify a place
  41. 35Action where person excluded
  42. 36Indication to excluded person
  43. 37Complaint by or in relation to excluded persons, etc.
  44. 38Notice of meetings by advertisement only
  45. 39Non-receipt of notice of meeting
  46. Part 5: Disposal of Charged Property
  47. 40Authority to dispose of property
  48. Part 6: Expenses of the Relevant Licensee Nuclear Company Administration
  49. 41Expenses
  50. 42Priority of expenses of relevant licensee nuclear company administration
  51. 43Pre-relevant-licensee-nuclear-company-administration costs
  52. Part 7: Claims by and Distributions to Creditors
  53. Chapter 1: Machinery of Proving a Debt
  54. 44Proving a debt
  55. 45Provable debts
  56. 46Costs of proving
  57. 47Nuclear administrator to allow inspection of proofs
  58. 48Appointment of new nuclear administrator: proofs
  59. 49Admission and rejection of proofs for dividend
  60. 50Appeal against decision on proof
  61. 51Withdrawal or variation of proof
  62. 52Exclusion of proof by the court
  63. Chapter 2: Quantification of Claims
  64. 53Estimate of value of debt
  65. 54Discounts
  66. 55Mutual credits and set off
  67. 56Debt in foreign currency
  68. 57Payments of a periodical nature
  69. 58Interest
  70. 59Debt payable at future time
  71. 60Voluntary surrender of security
  72. 61Value of security
  73. 62Surrender for non-disclosure
  74. 63Redemption by nuclear administrator
  75. 64Test of security’s value
  76. 65Realisation of security by creditor
  77. Chapter 3: Distributions
  78. 66Distribution to creditors generally
  79. 67Debts of insolvent relevant licensee nuclear company to rank equally
  80. 68Supplementary provisions as to dividend
  81. 69Notice of proposed distribution
  82. 70Further contents of notice to creditors owed small debts, etc.
  83. 71Sole or final dividend
  84. 72Admission or rejection of proofs following last date for proving
  85. 73Postponement or cancellation of dividend
  86. 74Declaration of dividend
  87. 75Notice of declaration of a dividend
  88. 76Payments of dividends and related matters
  89. 77Notice of no dividend, or no further dividend
  90. 78Proof altered after payment of dividend
  91. 79Secured creditors
  92. 80Disqualification from dividend
  93. 81Assignment of right to dividend
  94. 82Adjustment where dividend paid before time
  95. 83Division of unsold assets
  96. Part 8: The Nuclear Administrator
  97. 84Fixing of remuneration
  98. 85Remuneration of new nuclear administrator
  99. Part 9: Ending Relevant Licensee Nuclear Company Administration
  100. 86Interpretation: final progress reports, etc.
  101. 87Application to court
  102. 88Notification by nuclear administrator of court order
  103. 89Moving from relevant licensee nuclear company administration to creditors’ voluntary liquidation
  104. 90Moving from relevant licensee nuclear company administration to dissolution
  105. 91Provision of information to the Secretary of State
  106. Part 10: Replacing the Nuclear Administrator
  107. 92Grounds for resignation
  108. 93Notice of intention to resign
  109. 94Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2)
  110. 95Application to court to remove nuclear administrator from office
  111. 96Notice of vacation of office when nuclear administrator ceases to be qualified to act
  112. 97Nuclear administrator deceased
  113. 98Application to replace
  114. 99Appointment of replacement or additional nuclear administrator
  115. 100Nuclear administrator’s duties on vacating office
  116. Part 11: Court Procedure and Practice
  117. Chapter 1: Applications
  118. 101Preliminary
  119. 102Contents of application
  120. 103Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
  121. 104Notice of order under section 176A(5) of the 1986 Act
  122. 105Filing and service of application
  123. 106Hearings without notice
  124. 107Hearing of application
  125. 108Witness statements
  126. 109Use of reports
  127. 110Directions and adjournment
  128. Chapter 2: Enforcement Procedures
  129. 111Enforcement of court orders
  130. 112Orders enforcing compliance
  131. 113Warrant under section 236 of the 1986 Act
  132. Chapter 3: The Court File
  133. 114Court file
  134. 115Office copies of documents
  135. Chapter 4: Costs and Detailed Assessment
  136. 116Application and interpretation
  137. 117Requirement to assess costs by the detailed procedure
  138. 118Procedure where detailed assessment required
  139. 119Costs paid otherwise than out of the assets of the relevant licensee nuclear company
  140. 120Award of costs against nuclear administrator
  141. 121Application for costs
  142. 122Costs and expenses of witnesses
  143. 123Final costs certificate
  144. Chapter 5: Persons who Lack Capacity to Manage their Affairs
  145. 124Introduction
  146. 125Appointment of another person to act
  147. 126Witness statement in support of application
  148. 127Service of notices following appointment
  149. Chapter 6: Appeals in Relevant Licensee Nuclear Company Administration Proceedings
  150. 128Appeals and reviews
  151. 129Procedure on appeal
  152. Chapter 7: General
  153. 130Principal court rules and practice to apply
  154. 131Performance of functions by the court
  155. 132Rights of audience
  156. 133Formal defects
  157. 134Shorthand writers
  158. 135Payment into court
  159. 136Further information and disclosure
  160. 137Court orders
  161. Part 12: Examination of Persons in Relevant Licensee Nuclear Company Administration Proceedings
  162. 138Application and interpretation
  163. 139Contents of application
  164. 140Order for examination, etc.
  165. 141Procedure for examination
  166. 142Record of examination
  167. 143Cost of proceedings under section 236
  168. Part 13: Provisions of General Effect
  169. Chapter 1: Delivery of Documents
  170. 144Application
  171. 145Personal delivery of documents
  172. 146Delivery of documents by post (or document exchange)
  173. 147Delivery of documents to authorised recipients
  174. 148Delivery of documents to joint nuclear administrators
  175. 149Electronic delivery of documents
  176. 150Electronic delivery of documents to the court
  177. 151Electronic delivery of notices to enforcement officers, etc.
  178. 152Electronic delivery by nuclear administrators
  179. 153Use of website by nuclear administrator to deliver a particular document
  180. 154General use of website to deliver documents
  181. 155Proof of delivery of documents
  182. Chapter 2: Form and Content of Documents
  183. 156Requirement for writing and form of documents
  184. 157Authentication
  185. Chapter 3: Service of Documents
  186. 158Application
  187. 159Service of relevant licensee nuclear company administration application
  188. 160Service on joint nuclear administrators
  189. 161Service of orders staying proceedings
  190. 162Certificate of service
  191. Chapter 4: Gazette Notices
  192. 163Contents of notices to be gazetted under the 1986 Act or these Rules
  193. 164Omission of unobtainable information
  194. 165The Gazette: general
  195. Chapter 5: Notices Advertised Otherwise than in the Gazette
  196. 166Notices otherwise advertised under the 1986 Act or these Rules
  197. 167Non-Gazette notices: other provisions
  198. Chapter 6: Documents Delivered to the Registrar of Companies
  199. 168Application
  200. 169Information to be contained in all documents delivered to the registrar
  201. 170Documents relating to the office of nuclear administrators
  202. 171Documents relating to other documents
  203. 172Documents relating to court orders
  204. 173Reports of meetings
  205. 174Documents relating to other events
  206. 175Documents of more than one type
  207. 176Documents delivered to other persons at the same time
  208. Chapter 7: Inspection of Documents and the Provision of Information
  209. 177Confidentiality of documents: grounds for refusing inspection
  210. 178Right to copies of documents
  211. 179Charges for copies of documents
  212. 180Right to list of creditors
  213. Chapter 8: Time
  214. 181Calculation of time periods
  215. Part 14: Miscellaneous
  216. 182False claim of status as creditor, etc.
  217. 183Punishment of offences
  218. 184Review
  219. Signature
  220. Schedule Punishment of Offences under these Rules
  221. Explanatory note