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The Postal Administration Rules 2013

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PART 10REPLACING POSTAL ADMINISTRATOR

Grounds for resignation

84.—(1) The postal administrator may give notice of their resignation on grounds of ill health or because—

(a)the postal administrator intends ceasing to be in practice as an insolvency practitioner; or

(b)there is some conflict of interest, or change of personal circumstances, which precludes or makes impracticable the further discharge by the postal administrator of the duties of postal administrator.

(2) The postal administrator may, with the permission of the court, give notice of their resignation on grounds other than those specified in paragraph (1) of this Rule.

Notice of intention to resign

85.  The postal administrator shall in all cases give at least 5 business days’ notice in Form PA11 of their intention to resign, or to apply for the court’s permission to do so, to the following persons—

(a)the Secretary of State;

(b)OFCOM

(c)if there is a continuing postal administrator of the company, to them; and

(d)if there is no such postal administrator, to the company and its creditors.

Notice of resignation

86.  The notice shall be filed with the court, and a copy sent to the registrar of companies. A copy of the notice of resignation shall be sent not more than 5 business days after it has been filed with the court to all those to whom notice of intention to resign was sent.

Application to court to remove postal administrator from office

87.—(1) Any application under paragraph 88 shall state the grounds on which it is requested that the postal administrator should be removed from office.

(2) Service of the notice of the application shall be effected on the postal administrator, the Secretary of State, OFCOM, the joint postal administrator (if any), and where there is not a joint postal administrator, to the company and all the creditors, including any floating charge holders, not less than 5 business days before the date fixed for the application to be heard.

(3) Where a court makes an order removing the postal administrator it shall give a copy of the order to the applicant who as soon as reasonably practicable shall send a copy to the postal administrator.

(4) The applicant shall also within 5 business days of the order being made send a copy of the order to all those to whom notice of the application was sent.

(5) A copy of the order shall also be sent to the registrar of companies within the same time period.

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

88.  Where the postal administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the company gives notice in accordance with paragraph 89, the postal administrator shall also give notice to the registrar of companies.

Postal administrator deceased

89.—(1) Subject as follows, where the postal administrator has died, it is the duty of the postal administrator’s personal representatives to give notice of the fact to the court, specifying the date of the death. This does not apply if notice has been given under either paragraph (2) or (3) of this Rule.

(2) If the deceased postal administrator was a partner in or an employee of a firm, notice may be given by a partner in the firm who is qualified to act as an insolvency practitioner, or is a member of any body recognised by the Secretary of State for the authorisation of insolvency practitioners.

(3) Notice of the death may be given by any person producing to the court the relevant death certificate or a copy of it.

(4) Where a person gives notice to the court under this Rule, they shall also give notice to the registrar of companies.

Application to replace

90.—(1) Where an application is made to court under paragraph 91(1) to appoint a replacement postal administrator, the application shall be accompanied by a written statement made in Form PA2 by the person proposed to be the replacement postal administrator.

(2) A copy of the application shall be served, in addition to those persons listed in section 70(2) of the 2011 Act and Rule 8(3), on the person who made the application for the postal administration order.

(3) Rule 10 shall apply to the service of an application under paragraph 91(1) as it applies to service in accordance with Rule 8.

(4) Rules 11, 12, 13(1) and (2) apply to an application under paragraph 91(1).

Notification and advertisement of appointment of replacement postal administrator

91.  Where a replacement postal administrator is appointed, the same provisions apply in respect of giving notice of, and advertising, the replacement appointment as in the case of the appointment (subject to Rule 93), and all statements, consents etc as are required shall also be required in the case of the appointment of a replacement. All forms and notices shall clearly identify that the appointment is of a replacement postal administrator.

Notification and advertisement of appointment of joint postal administrator

92.  Where, after an initial appointment has been made, an additional person or persons are to be appointed as joint postal administrator the same Rules shall apply in respect of giving notice of and advertising the appointment as in the case of the initial appointment, subject to Rule 93.

Notification to Registrar of Companies

93.  The replacement or additional postal administrator shall send notice of the appointment to the registrar of companies.

Postal administrator’s duties on vacating office

94.—(1) Where the postal administrator ceases to be in office as such, in consequence of removal, resignation or cesser of qualification as an insolvency practitioner, the postal administrator is under obligation as soon as reasonably practicable to deliver up to the person succeeding them as postal administrator the assets (after deduction of any expenses properly incurred and distributions made by the postal administrator) and further to deliver up to that person—

(a)the records of the postal administration, including correspondence, proofs and other related papers appertaining to the postal administration while it was within the postal administrator’s responsibility; and

(b)the company’s books, papers and other records.

(2) If the postal administrator makes default in complying with this Rule, the postal administrator is liable to a fine and, for continued contravention, to a daily default fine.

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