The Postal Administration Rules 2013 No. 3208 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Introductory Provisions
1.Citation and Commencement
2.Construction and Interpretation
3.Extent
PART 2 Appointment of Postal Administrator by Court
4.Witness statement
5.Form of application
6.Contents of application and witness statement
7.Filing of application
8.Service of application
9.Notice to officers charged with execution of writs or other process
10.Manner in which service to be effected
11.Proof of service
12.The hearing
13.Notice of postal administration order
PART 3 Process of Postal Administration
14.Notification and advertisement of postal administrator’s appointment
15.Notice requiring statement of affairs
16.Verification and filing
17.Limited disclosure
18.Release from duty to submit statement of affairs; extension of time
19.Expenses of statement of affairs
20.Postal administrator’s proposals
21.Limited disclosure of paragraph 49 statement
PART 4 MEETINGS AND REPORTS
CHAPTER 1 Creditors Meetings
22.Creditors’ meetings generally
23.The chair at meetings
24.Creditors’ meeting for nomination of alternative liquidator
25.Notice of meetings by advertisement only
26.Entitlement to vote
27.Admission and rejection of claims
28.Secured creditors
29.Holders of negotiable instruments
30.Hire-purchase, conditional sale and chattel leasing agreements
31.Resolutions
32.Minutes
33.Revision of the postal administrator’s proposals
34.Reports to creditors
CHAPTER 2 Company Meetings
35.Venue and conduct of company meeting
PART 5 DISPOSAL OF CHARGED PROPERTY
36.Authority to dispose of property
PART 6 EXPENSES OF THE POSTAL ADMINISTRATION
37.Priority of expenses of postal administration
38.Pre-postal administration costs
PART 7 DISTRIBUTION TO CREDITORS
CHAPTER 1 Application of Part and General
39.Distribution to creditors generally
40.Debts of insolvent company to rank equally
41.Supplementary provisions as to dividend
42.Division of unsold assets
CHAPTER 2 Machinery of Proving a Debt
43.Proving a debt
44.Costs of proving
45.Postal administrator to allow inspection of proofs
46.New postal administrator appointed
47.Admission and rejection of proofs for dividend
48.Appeal against decision on proof
49.Withdrawal or variation of proof
50.Expunging of proof by the court
CHAPTER 3 Quantification of Claims
51.Estimate of quantum
52.Negotiable instruments, etc
53.Secured creditors
54.Discounts
55.Mutual credits and set-off
56.Debt in foreign currency
57.Payments of a periodical nature
58.Interest
59.Debt payable at future time
60.Value of security
61.Surrender for non-disclosure
62.Redemption by postal administrator
63.Test of security’s value
64.Realisation of security by creditor
65.Notice of proposed distribution
66.Admission or rejection of proofs
67.Postponement or cancellation of dividend
68.Declaration of dividend
69.Notice of declaration of a dividend
70.Payments of dividends and related matters
71.Notice of no dividend, or no further dividend
72.Proof altered after payment of dividend
73.Secured creditors
74.Disqualification from dividend
75.Assignment of right to dividend
76.Debt payable at future time
PART 8 THE POSTAL ADMINISTRATOR
77.Fixing of remuneration
PART 9 ENDING POSTAL ADMINISTRATION
78.Final progress reports
79.Application to court
80.Notification by postal administrator of court order
81.Moving from postal administration to creditors’ voluntary liquidation
82.Moving from postal administration to dissolution
83.Provision of information to the Secretary of State
PART 10 REPLACING POSTAL ADMINISTRATOR
84.Grounds for resignation
85.Notice of intention to resign
86.Notice of resignation
87.Application to court to remove postal administrator from office
88.Notice of vacation of office when postal administrator ceases to be qualified to act
89.Postal administrator deceased
90.Application to replace
91.Notification and advertisement of appointment of replacement postal administrator
92.Notification and advertisement of appointment of joint postal administrator
93.Notification to Registrar of Companies
94.Postal administrator’s duties on vacating office
PART 11 COURT PROCEDURE AND PRACTICE
CHAPTER 1 Applications
95.Preliminary
96.Form and contents of application
97.Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
98.Filing and service of application
99.Notice of application under section 176A(5) of the 1986 Act
100.Hearings without notice
101.Hearing of application
102.Witness statements—general
103.Filing and service of witness statements
104.Use of reports
105.Adjournment of hearing; directions
106.General power of transfer
107.Proceedings commenced in wrong court
108.Applications for transfer
109.Procedure following order for transfer
CHAPTER 2 Shorthand Writers
110.Nomination and appointment of shorthand writers
111.Remuneration
CHAPTER 3 Enforcement Procedures
112.Enforcement of court orders
113.Orders enforcing compliance with the Rules
114.Warrants under section 236 of the 1986 Act
CHAPTER 4 Court Records and Returns
115.Court file
CHAPTER 5 Costs and Detailed Assessment
116.Application of Chapter 5
117.Requirement to assess costs by the detailed procedure
118.Procedure where detailed assessment required
119.Costs paid otherwise than out of the assets of the company
120.Award of costs against postal administrator
121.Applications for costs
122.Costs and expenses of witnesses
123.Final costs certificate
CHAPTER 6 Persons who Lack Capacity to Manage their Affairs
124.Introductory
125.Appointment of another person to act
126.Witness statement in support of application
127.Service of notices following appointment
CHAPTER 7 Appeals in Postal Administration Proceedings
128.Appeals and reviews of postal administration orders
129.Procedure on appeal
CHAPTER 8 General
130.Principal court rules and practice to apply
131.Right of audience
132.Formal defects
133.Service of orders staying proceedings
134.Payment into court
135.Further Information and Disclosure
136.Office copies of documents
PART 12 PROXIES AND COMPANY REPRESENTATION
137.Definition of “proxy”
138.Issue and use of forms
139.Use of proxies at meetings
140.Retention of proxies
141.Right of inspection
142.Proxy-holder with financial interest
143.Company representation
PART 13 EXAMINATION OF PERSONS IN POSTAL ADMINISTRATION PROCEEDINGS
144.Preliminary
145.Form and contents of application
146.Order for examination, etc
147.Procedure for examination
148.Record of examination
149.Costs of proceedings under section 236
PART 14 MISCELLANEOUS AND GENERAL
150.Power of Secretary of State to regulate certain matters
151.Costs, expenses, etc
152.Provable debts
153.False claim of status as creditor, etc
154.Punishment of offences
PART 15 PROVISIONS OF GENERAL EFFECT
CHAPTER 1 The Giving of Notice and the Supply of Documents—general
155.Application
156.Personal delivery of documents
157.Postal delivery of documents
158.Non-receipt of notice of meeting
159.Notice etc to solicitors
CHAPTER 2 The Giving of Notice and the Supply of Documents by or to a Postal administrator etc
160.Application
161.The form of notices and other documents
162.Proof of sending etc
163.Authentication
164.Electronic delivery in postal administration proceedings—general
165.Electronic delivery by postal administrator
166.Use of websites by postal administrator
167.Special provision on account of expense as to website use
168.Electronic delivery of postal administration proceedings to courts
169.Notice etc to joint postal administrators
CHAPTER 3 Service of Court Documents
170.Application of CPR Part 6 to service of court documents within the jurisdiction
171.Service on joint postal administrators
172.Application of CPR Part 6 to service of court documents outside the jurisdiction
CHAPTER 4 Meetings
173.Quorum at meeting of creditors
174.Remote attendance at meetings of creditors
175.Action where person excluded
176.Indication to excluded person
177.Complaint
CHAPTER 5 Forms
178.Forms for use in postal administration proceedings
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
180.Electronic submission of information instead of submission of forms in all other cases
CHAPTER 6 Gazette Notices
181.Contents of notices to be gazetted under the 1986 Act or the Rules
182.Omission of unobtainable information
183.The Gazette—general
CHAPTER 7 Notices Advertised Otherwise than in the Gazette
184.Notices otherwise advertised under the 1986 Act or the Rules
185.Non-Gazette notices—other provisions
CHAPTER 8 Notifications to the Registrar of Companies
186.Application of this Chapter
187.Information to be contained in all notifications to the registrar
188.Notifications relating to the office of postal administrator
189.Notifications relating to documents
190.Notifications relating to court orders
191.Returns or reports of meetings
192.Notifications relating to other events
193.Notifications of more than one nature
194.Notifications made to other persons at the same time
CHAPTER 9 Inspection of Documents and the Provision of Information
195.Confidentiality of documents—grounds for refusing inspection
196.Right to copy documents
197.Charges for copy documents
198.Right to have list of creditors
CHAPTER 10 Computation of Time and Time Limits
199.Time limits
CHAPTER 11 Security
200.Postal administrator’s security
CHAPTER 12 Notice of Order Under Section 176A(5) of the 1986 Act
201.Notice of order under section 176A(5) of the 1986 Act
PART 16 Interpretation and application
202.Introductory
203.“The appropriate fee”
204.“Authorised deposit-taker and former authorised deposit-taker”
205.“The court”; “the registrar”
206.“Debt”, “liability”
207.“Petitioner”
208.“Venue”
209.Expressions used generally
210.Application
211.Application of the 1986 Act
Signature
SCHEDULE 1
Forms
SCHEDULE 2
Punishment of offences under these rules
Explanatory Note