Article 9 Service of application

(1)

In this Rule, references to the application are to a copy of the application delivered by the court under Rule 8(5)(c) and the witness statement required by Rule 7.

(2)

Notification for the purposes of section 156(2) of the 2004 Act must be by service of the application.

(3)

In addition to those persons referred to in section 156(2) of the 2004 Act, the applicant must serve the application—

(a)

on the person proposed as SMCL administrator;

(b)

on the SMCL;

(c)

if an administrative receiver has been appointed, on the administrative receiver;

(d)

if there is pending an administration application under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, on the applicant;

(e)

if there is pending a petition for the winding up of the SMCL, on—

(i)

the petitioner; and

(ii)

any provisional liquidator;

(f)

if a supervisor of a voluntary arrangement under Part 1 of the 1986 Act has been appointed, on that person;

(g)

on any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over property of the SMCL;

(h)

if the applicant is the Secretary of State, on GEMA; and

(i)

if the applicant is GEMA, on the Secretary of State.

(4)

A certificate of service which complies with the requirements in Rule 174 must be filed with the court as soon as reasonably practicable after service, and in any event no later than the business day before the hearing of the application.