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The Water Industry (Special Administration) Rules 2009

Changes over time for: Section 3

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Definitions and interpretationE+W+S

This section has no associated Explanatory Memorandum

3.—(1) In these Rules—

the Authority” means the Water Services Regulation Authority;

business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday in any part of England and Wales;

the CPR” means the Civil Procedure Rules 1998 M1 and “CPR” followed by a Part or rule number means the Part or rule with that number in those Rules;

court” means the High Court;

file” means file in court;

“Form WAT” followed by a number means the form with that number in the Schedule;

the Insolvency Act” means, subject to paragraph (2), the Insolvency Act 1986;

proxy” has the meaning given in rule 61;

the registrar” means—

(a)

in the case of proceedings in a district registry of the Chancery Division of the High Court, the district judge; and

(b)

in any other case, [F1an Insolvency and Companies Court Judge];

“solicitor” (except in relation to witnessing an affidavit) includes any person who has, under or pursuant to an enactment, the right to conduct litigation in relation to special administration proceedings;

special administration order” has the meaning given by section 23 of the Water Industry Act 1991 M2;

special administration proceedings” means proceedings under sections 23 to 25 of, and Schedule 3 to, the Water Industry Act 1991;

special administrator” has the meaning given in paragraph 12 of Schedule 3 to the Water Industry Act 1991;

statement of affairs” has the meaning given in section 22 of the Insolvency Act;

water company” means a relevant undertaker or a qualifying [F2water supply licensee] within the meaning of the Water Industry Act 1991.

(2) A reference to the Insolvency Act or a provision of that Act is a reference to that Act or provision as applied, substituted or modified by sections 23 to 26 of, and Schedule 3 to, the Water Industry Act 1991, construed in accordance with section 249 of the Enterprise Act 2002 M3.

(3) A reference to the Insolvency Rules 1986 M4 is a reference to those Rules as in force immediately before 15th September 2003.

(4) A reference to the venue for proceedings, for an attendance before the court, or for a meeting, is to the time, date and place for the proceedings, attendance or meeting.

Textual Amendments

Marginal Citations

M1S.I. 1998/3132 as last amended by S. I. 2008/2178.

M21991 c. 56; sections 23 and 24 and Schedule 3 were amended by section 101 of, and Schedule 8 to, the Water Act 2003 (c. 37).

M32002 c. 40. Section 249(2) of the Act provides that a reference in the Water Industry Act to a provision in Part 2 of the Insolvency Act 1986 (or to a provision that has effect in relation to a provision in that Part of the Act) shall, in so far as it relates to a relevant undertaker or a qualified licensed water supplier, continue to have effect as if it referred to Part 2 as it had effect immediately before the coming into force of section 248 (which replaced Part 2).

M4S.I. 1986/1925 as amended at that date.

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