The Water Industry (Special Administration) Rules 2009

Service of petition

This sectionnoteType=Explanatory Memorandum has no associated

11.  (1)  Not less than 2 days before the hearing the petitioner must serve on each person specified in paragraph (2)—

(a)a copy of the petition issued by the court,

(b)a copy of the affidavit and exhibits in support of it.

(2) The following must be served—

(a)the water company;

(b)any person who has appointed, or is or may be entitled to appoint, an administrative receiver of the water company;

(c)if an administrative receiver has been appointed, the administrative receiver;

(d)any person who has applied to the court for an administration order under Part II of the Insolvency Act in relation to the water company;

(e)if a petition is pending for the winding up of the water company, the petitioner and any provisional liquidator;

(f)the person, or each person, proposed for appointment as special administrator;

(g)the Environment Agency;

(h)the Consumer Council for Water;

(i)the Chief Inspector of Drinking Water;

(j)if the petitioner is the Secretary of State, the Welsh Ministers and the Authority;

(k)if the petitioner is the Welsh Ministers, the Secretary of State and the Authority;

(l)if the petitioner is the Authority, the Secretary of State and the Welsh Ministers.

(3) Service is in any way that the court directs or by delivering documents in accordance with the following table.

Person servedMethod of delivery
The water company
(a)

Delivery to its registered office or, if this is not practicable, to its last known principal place of business in England and Wales;

(b)

any other way permitted by any enactment relating to companies

Any other company

Any way permitted by any enactment relating to companies

Any person—
(a)

The address of an office of the person, if the petitioner knows that the water company maintains a bank account;

(b)

if the petitioner knows of no such office, the person’s registered office; or

(c)

if the person has no registered office, the person’s usual or last known address

who is an authorised deposit taker or a former authorised institution;
who has appointed, or is or may be entitled to appoint, an administrative receiver of the water company, or
who has not notified an address for service

Any other person

(a)

If the person has previously notified an address as the person’s address for service, that address;

(b)

the address at which the person lives or carries on business; or

(c)

the person’s usual or last known address

(4) In the table—

“authorised deposit taker” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000(1) to accept deposits;

“former authorised institution” means an institution that—

(a)

continues to have a liability in respect of a deposit which was held in accordance with the Banking Act 1979(2) or the Banking Act 1987(3); but

(b)

is not an authorised deposit taker.

(5) References in this rule to deposits and their acceptance must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.