The PPP Administration Order Rules 2007

PART 1 INTRODUCTORY PROVISIONS

Citation and commencement

1.  These Rules may be cited as the PPP Administration Order Rules 2007 and shall come into force on 30th November 2007.

Construction and interpretation

2.—(1) In these Rules—

“the 1985 Act” means the Companies Act 1985(1);

“the 1986 Act” means the Insolvency Act 1986;

“the 1999 Act” means the Greater London Authority Act 1999;

“the 2006 Act” means the Companies Act 2006(2);

“CPR” means the Civil Procedure Rules 1998(3) and “CPR” followed by a Part or rule number means the Part or rule with that number in those Rules;

“insolvency proceedings” means any proceedings under the 1986 Act or the Insolvency Rules;

“the Insolvency Rules” means the Insolvency Rules 1986(4);

“the PPP Arbiter” means the person for the time being appointed to the office of the Public-Private Partnership Agreement Arbiter under section 225 of the 1999 Act; and

“PPP company” shall be construed in accordance with section 210(5) of the 1999 Act.

(2) Except where the context requires otherwise, references to provisions of the 1986 Act are references to those provisions as applied by section 220 to 224 of, and Schedule 14 to, the 1999 Act, construed in accordance with section 249 of the Enterprise Act 2002(5).

(3) Where the PPP company is an unregistered company, any requirement to send information to the registrar of companies applies only if the company is subject to a requirement imposed by virtue of section 691(1)(6) or 718(7) of the 1985 Act.

(4) Subject to paragraphs (1), (2) and (3), Part 10 of these Rules has effect for their interpretation and application.

Extent

3.  These Rules apply in relation to PPP companies which the courts in England and Wales have jurisdiction to wind up.

(1)

1985 c.6.

(2)

2006 c.46.

(3)

S.I. 1998/3132 as amended by S.I. 1999/1008, 2000/221, 940, 1317 and 2092, 2001/256, 1388, 1769, 2792, 4015 and 4016, 2002/2058 and 3219, 2003/364, 1242, 1329, 2113 and 3361, 2004/1306, 2072, 3129 and 3419, 2005/352, 617, 656, 2292 and 3515, 2006/1689, 2805, 3132 and 3435 and 2007/1655 and 2204.

(4)

S.I. 1986/1925 as amended by S.I. 1987/1919, 1989/397, 1990/2484, 1991/495, 1993/602, 1995/586, 1998/1129, 1999/359 and 1022, 2001/763 and 3649, 2002/1307 and 2712, 2003/1730, 2004/584 and 1070, 2005/527, 617 and 2114, 2006/1272 and 2007/1974.

(5)

2002 c.40.

(6)

Section 691(1) was amended by S.I. 2000/3373 and 2002/912.

(7)

Section 718 was amended by S.I. 2001/1228 and by other enactments which are not relevant to these Rules.