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The Postal Administration Rules 2013

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and Commencement

    2. 2.Construction and Interpretation

    3. 3.Extent

  3. PART 2

    1. 4.Witness statement

    2. 5.Form of application

    3. 6.Contents of application and witness statement

    4. 7.Filing of application

    5. 8.Service of application

    6. 9.Notice to officers charged with execution of writs or other process

    7. 10.Manner in which service to be effected

    8. 11.Proof of service

    9. 12.The hearing

    10. 13.Notice of postal administration order

  4. PART 3

    1. 14.Notification and advertisement of postal administrator’s appointment

    2. 15.Notice requiring statement of affairs

    3. 16.Verification and filing

    4. 17.Limited disclosure

    5. 18.Release from duty to submit statement of affairs; extension of time

    6. 19.Expenses of statement of affairs

    7. 20.Postal administrator’s proposals

    8. 21.Limited disclosure of paragraph 49 statement

  5. PART 4

    1. CHAPTER 1 Creditors Meetings

      1. 22.Creditors’ meetings generally

      2. 23.The chair at meetings

      3. 24.Creditors’ meeting for nomination of alternative liquidator

      4. 25.Notice of meetings by advertisement only

      5. 26.Entitlement to vote

      6. 27.Admission and rejection of claims

      7. 28.Secured creditors

      8. 29.Holders of negotiable instruments

      9. 30.Hire-purchase, conditional sale and chattel leasing agreements

      10. 31.Resolutions

      11. 32.Minutes

      12. 33.Revision of the postal administrator’s proposals

      13. 34.Reports to creditors

    2. CHAPTER 2 Company Meetings

      1. 35.Venue and conduct of company meeting

  6. PART 5

    1. 36.Authority to dispose of property

  7. PART 6

    1. 37.Priority of expenses of postal administration

    2. 38.Pre-postal administration costs

  8. PART 7

    1. CHAPTER 1 Application of Part and General

      1. 39.Distribution to creditors generally

      2. 40.Debts of insolvent company to rank equally

      3. 41.Supplementary provisions as to dividend

      4. 42.Division of unsold assets

    2. CHAPTER 2 Machinery of Proving a Debt

      1. 43.Proving a debt

      2. 44.Costs of proving

      3. 45.Postal administrator to allow inspection of proofs

      4. 46.New postal administrator appointed

      5. 47.Admission and rejection of proofs for dividend

      6. 48.Appeal against decision on proof

      7. 49.Withdrawal or variation of proof

      8. 50.Expunging of proof by the court

    3. CHAPTER 3 Quantification of Claims

      1. 51.Estimate of quantum

      2. 52.Negotiable instruments, etc

      3. 53.Secured creditors

      4. 54.Discounts

      5. 55.Mutual credits and set-off

      6. 56.Debt in foreign currency

      7. 57.Payments of a periodical nature

      8. 58.Interest

      9. 59.Debt payable at future time

      10. 60.Value of security

      11. 61.Surrender for non-disclosure

      12. 62.Redemption by postal administrator

      13. 63.Test of security’s value

      14. 64.Realisation of security by creditor

      15. 65.Notice of proposed distribution

      16. 66.Admission or rejection of proofs

      17. 67.Postponement or cancellation of dividend

      18. 68.Declaration of dividend

      19. 69.Notice of declaration of a dividend

      20. 70.Payments of dividends and related matters

      21. 71.Notice of no dividend, or no further dividend

      22. 72.Proof altered after payment of dividend

      23. 73.Secured creditors

      24. 74.Disqualification from dividend

      25. 75.Assignment of right to dividend

      26. 76.Debt payable at future time

  9. PART 8

    1. 77.Fixing of remuneration

  10. PART 9

    1. 78.Final progress reports

    2. 79.Application to court

    3. 80.Notification by postal administrator of court order

    4. 81.Moving from postal administration to creditors’ voluntary liquidation

    5. 82.Moving from postal administration to dissolution

    6. 83.Provision of information to the Secretary of State

  11. PART 10

    1. 84.Grounds for resignation

    2. 85.Notice of intention to resign

    3. 86.Notice of resignation

    4. 87.Application to court to remove postal administrator from office

    5. 88.Notice of vacation of office when postal administrator ceases to be qualified to act

    6. 89.Postal administrator deceased

    7. 90.Application to replace

    8. 91.Notification and advertisement of appointment of replacement postal administrator

    9. 92.Notification and advertisement of appointment of joint postal administrator

    10. 93.Notification to Registrar of Companies

    11. 94.Postal administrator’s duties on vacating office

  12. PART 11

    1. CHAPTER 1 Applications

      1. 95.Preliminary

      2. 96.Form and contents of application

      3. 97.Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act

      4. 98.Filing and service of application

      5. 99.Notice of application under section 176A(5) of the 1986 Act

      6. 100.Hearings without notice

      7. 101.Hearing of application

      8. 102.Witness statements—general

      9. 103.Filing and service of witness statements

      10. 104.Use of reports

      11. 105.Adjournment of hearing; directions

      12. 106.General power of transfer

      13. 107.Proceedings commenced in wrong court

      14. 108.Applications for transfer

      15. 109.Procedure following order for transfer

    2. CHAPTER 2 Shorthand Writers

      1. 110.Nomination and appointment of shorthand writers

      2. 111.Remuneration

    3. CHAPTER 3 Enforcement Procedures

      1. 112.Enforcement of court orders

      2. 113.Orders enforcing compliance with the Rules

      3. 114.Warrants under section 236 of the 1986 Act

    4. CHAPTER 4 Court Records and Returns

      1. 115.Court file

    5. CHAPTER 5 Costs and Detailed Assessment

      1. 116.Application of Chapter 5

      2. 117.Requirement to assess costs by the detailed procedure

      3. 118.Procedure where detailed assessment required

      4. 119.Costs paid otherwise than out of the assets of the company

      5. 120.Award of costs against postal administrator

      6. 121.Applications for costs

      7. 122.Costs and expenses of witnesses

      8. 123.Final costs certificate

    6. CHAPTER 6 Persons who Lack Capacity to Manage their Affairs

      1. 124.Introductory

      2. 125.Appointment of another person to act

      3. 126.Witness statement in support of application

      4. 127.Service of notices following appointment

    7. CHAPTER 7 Appeals in Postal Administration Proceedings

      1. 128.Appeals and reviews of postal administration orders

      2. 129.Procedure on appeal

    8. CHAPTER 8 General

      1. 130.Principal court rules and practice to apply

      2. 131.Right of audience

      3. 132.Formal defects

      4. 133.Service of orders staying proceedings

      5. 134.Payment into court

      6. 135.Further Information and Disclosure

      7. 136.Office copies of documents

  13. PART 12

    1. 137.Definition of “proxy”

    2. 138.Issue and use of forms

    3. 139.Use of proxies at meetings

    4. 140.Retention of proxies

    5. 141.Right of inspection

    6. 142.Proxy-holder with financial interest

    7. 143.Company representation

  14. PART 13

    1. 144.Preliminary

    2. 145.Form and contents of application

    3. 146.Order for examination, etc

    4. 147.Procedure for examination

    5. 148.Record of examination

    6. 149.Costs of proceedings under section 236

  15. PART 14

    1. 150.Power of Secretary of State to regulate certain matters

    2. 151.Costs, expenses, etc

    3. 152.Provable debts

    4. 153.False claim of status as creditor, etc

    5. 154.Punishment of offences

  16. PART 15

    1. CHAPTER 1 The Giving of Notice and the Supply of Documents—general

      1. 155.Application

      2. 156.Personal delivery of documents

      3. 157.Postal delivery of documents

      4. 158.Non-receipt of notice of meeting

      5. 159.Notice etc to solicitors

    2. CHAPTER 2 The Giving of Notice and the Supply of Documents by or to a Postal administrator etc

      1. 160.Application

      2. 161.The form of notices and other documents

      3. 162.Proof of sending etc

      4. 163.Authentication

      5. 164.Electronic delivery in postal administration proceedings—general

      6. 165.Electronic delivery by postal administrator

      7. 166.Use of websites by postal administrator

      8. 167.Special provision on account of expense as to website use

      9. 168.Electronic delivery of postal administration proceedings to courts

      10. 169.Notice etc to joint postal administrators

    3. CHAPTER 3 Service of Court Documents

      1. 170.Application of CPR Part 6 to service of court documents within the jurisdiction

      2. 171.Service on joint postal administrators

      3. 172.Application of CPR Part 6 to service of court documents outside the jurisdiction

    4. CHAPTER 4 Meetings

      1. 173.Quorum at meeting of creditors

      2. 174.Remote attendance at meetings of creditors

      3. 175.Action where person excluded

      4. 176.Indication to excluded person

      5. 177.Complaint

    5. CHAPTER 5 Forms

      1. 178.Forms for use in postal administration proceedings

      2. 179.Electronic submission of information instead of submission of forms to the Secretary of State, postal administrators, and of copies to the registrar of companies

      3. 180.Electronic submission of information instead of submission of forms in all other cases

    6. CHAPTER 6 Gazette Notices

      1. 181.Contents of notices to be gazetted under the 1986 Act or the Rules

      2. 182.Omission of unobtainable information

      3. 183.The Gazette—general

    7. CHAPTER 7 Notices Advertised Otherwise than in the Gazette

      1. 184.Notices otherwise advertised under the 1986 Act or the Rules

      2. 185.Non-Gazette notices—other provisions

    8. CHAPTER 8 Notifications to the Registrar of Companies

      1. 186.Application of this Chapter

      2. 187.Information to be contained in all notifications to the registrar

      3. 188.Notifications relating to the office of postal administrator

      4. 189.Notifications relating to documents

      5. 190.Notifications relating to court orders

      6. 191.Returns or reports of meetings

      7. 192.Notifications relating to other events

      8. 193.Notifications of more than one nature

      9. 194.Notifications made to other persons at the same time

    9. CHAPTER 9 Inspection of Documents and the Provision of Information

      1. 195.Confidentiality of documents—grounds for refusing inspection

      2. 196.Right to copy documents

      3. 197.Charges for copy documents

      4. 198.Right to have list of creditors

    10. CHAPTER 10 Computation of Time and Time Limits

      1. 199.Time limits

    11. CHAPTER 11 Security

      1. 200.Postal administrator’s security

    12. CHAPTER 12 Notice of Order Under Section 176A(5) of the 1986 Act

      1. 201.Notice of order under section 176A(5) of the 1986 Act

  17. PART 16

    1. 202.Introductory

    2. 203.“The appropriate fee”

    3. 204.“Authorised deposit-taker and former authorised deposit-taker”

    4. 205.“The court”; “the registrar”

    5. 206.“Debt”, “liability”

    6. 207.“Petitioner”

    7. 208.“Venue”

    8. 209.Expressions used generally

    9. 210.Application

    10. 211.Application of the 1986 Act

  18. Signature

    1. SCHEDULE 1

      Forms

    2. SCHEDULE 2

      Punishment of offences under these rules

  19. Explanatory Note

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