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Postal Services Act 2011

Section 70:  Applications for postal administration orders

301.This section sets out the process for applications to the court for postal administration orders.

302.Subsection (1) makes it clear that only the Secretary of State or OFCOM (with the consent of the Secretary of State) can make an application for a postal administration order.

303.When applying for such an order the applicant must give notice, as soon as is practicable, of the application to a number of people as follows:

a)

every person who has appointed an administrative receiver of the company;

b)

every person who is or may be entitled to appoint an administrative receiver of the company;

c)

every person who is or may be entitled to appoint an administrator because they hold a floating charge over the company (as permitted under paragraph 14 of Schedule B1 to the Insolvency Act 1986); and

d)

other persons who may be prescribed by the postal administration rules (these are rules that can be made under section 411 of the Insolvency Act 1986 – see section 73(3)).

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