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The Postal Administration Rules 2013

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PART 13EXAMINATION OF PERSONS IN POSTAL ADMINISTRATION PROCEEDINGS

Preliminary

144.—(1) The Rules in this Part apply to applications to the court, made by the postal administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings),

(2) The following definitions apply—

(a)the person in respect of whom an order is applied for is “the respondent”;

(b)“section 236” means section 236 of the 1986 Act;

Form and contents of application

145.—(1) The application shall be in writing and specify the grounds on which it is made.

(2) The application must specify the name of the respondent.

(3) It shall be stated whether the application is for the respondent—

(a)to be ordered to appear before the court, or

(b)to be ordered to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter (in which case CPR Part 18 (further information) applies to any such order), or

(c)to submit witness statements (if so, particulars to be given of the matters to be included), or

(d)to produce books, papers or other records (if so, the items in question to be specified),

or for any two or more of those purposes.

(4) The application may be made without notice to any other party.

Order for examination, etc

146.—(1) The court may, whatever the purpose of the application, make any order which it has power to make under section 236.

(2) The court, if it orders the respondent to appear before it, shall specify a venue for their appearance, which shall be not less than 14 days from the date of the order.

(3) If the respondent is ordered to submit witness statements, the order shall specify—

(a)the matters which are to be dealt with in their witness statements, and

(b)the time within which they are to be submitted to the court.

(4) If the order is to produce books, papers or other records, the time and manner of compliance shall be specified.

(5) The order must be served as soon as reasonably practicable on the respondent; and it must be served personally, unless the court otherwise orders.

Procedure for examination

147.—(1) At any examination of the respondent, the postal administrator may attend in person, or be represented by a solicitor with or without counsel, and may put such questions to the respondent as the court may allow.

(2) Where application has been made under section 236 on information provided by a creditor of the company, that creditor may, with the permission of the court and if the postal administrator does not object, attend the examination and put questions to the respondent (but only through the postal administrator).

(3) If the respondent is ordered to clarify any matter or to give additional information, the court shall direct them as to the questions which they are required to answer, and as to whether their answers (if any) are to be made in a witness statement.

(4) The respondent may at their own expense employ a solicitor with or without counsel, who may put to them such questions as the court may allow for the purpose of enabling them to explain or qualify any answers given by them, and may make representations on their behalf.

(5) There shall be made in writing such record of the examination as the court thinks proper. The record shall be read over either to or by the respondent and authenticated by them at a venue fixed by the court.

(6) The written record may, in any proceedings (whether under the 1986 Act or otherwise), be used as evidence against the respondent of any statement made by them in the course of their examination.

Record of examination

148.—(1) Unless the court otherwise directs, the written record of questions put to the respondent and the respondent’s answers, and any witness statements submitted by the respondent in compliance with an order of the court under the section 236, are not to be filed with the court.

(2) The documents set out in paragraph (3) of this Rule are not open to inspection without an order of the court, by any person other than the postal administrator.

(3) The documents to which paragraph (2) of this Rule applies are—

(a)the written record of the respondent’s examination;

(b)copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;

(c)any witness statement by the respondent; and

(d)any document on the court file as shows the grounds for the application for an order.

(4) The court may from time to time give directions as to the custody and inspection of any documents to which this Rule applies, and as to the furnishing of copies of, or extracts from, such documents.

Costs of proceedings under section 236

149.—(1) Where the court has ordered an examination of any person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent.

(2) Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236) the costs of the application for the order may be ordered by the court to be paid by the respondent.

(3) Subject to paragraphs (1) and (2) of this Rule, the postal administrator’s costs shall, unless the court otherwise orders, be paid out of the assets of the company.

(4) A person summoned to attend for examination under this Part shall be tendered a reasonable sum in respect of travelling expenses incurred in connection with their attendance. Other costs falling on them are at the court’s discretion.

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