The Education Administration Rules 2018

Revision of education administrator’s proposals

3.11.—(1) Where paragraph 54(1) of Schedule B1(1) applies, the education administrator’s revised proposals must identify the proceedings and include—

(a) any other trading names of the further education body;

(b) details of the education administrator’s appointment, including—

(i) the date of the appointment, and

(ii) the person who made the application for the appointment;

(c) details of the relevant officers and details of any interest in the further education body which they may have;

(d) a summary of the original proposals and the reason or reasons for the revised proposals;

(e) details of the revised proposals, including details of the education administrator’s assessment of the likely impact of the revised proposal upon creditors generally or upon each class of creditor;

(f) where the revised proposals relate to the ending of the education administration by a creditors’ voluntary winding up and the nomination of a person to be the liquidator of the further education body—

(i) details of the proposed liquidator,

(ii) where applicable, the declaration required by section 231 of the Act, and

(iii) a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 and rule 3.40(6); and

(g) any other information that the education administrator thinks necessary.

(2) In accordance with paragraph 54(2) of Schedule B1, the education administrator must send a copy of the revised proposals to the persons set out in that paragraph of Schedule B1 within 14 days after the education administrator’s revision of those proposals.

(3) A notice under paragraph 54(4) of Schedule B1, where the further education body is a company, must—

(a) be advertised in such manner as the education administrator thinks fit; and

(b) state that members may request in writing a copy of the revised proposals, and state the address to which to write.

(4) As soon as reasonably practicable after sending the copy of the revised proposals, the education administrator must deliver a copy to the registrar of companies accompanied by a notice which must contain—

(a) identification details for the proceedings; and

(b) the date of the revised proposals.

(1)

Paragraph 54 is modified by paragraph 14 of Schedule 3 and paragraph 13 of Schedule 4 to the Technical and Further Education Act 2017.