The PPP Administration Order Rules 2007

Fixing of remuneration

33.—(1) The special PPP administrator is entitled to receive remuneration for his services as such.

(2) The remuneration shall be fixed by reference to the time properly given by the insolvency practitioner (as special PPP administrator) and his staff in attending to matters arising in the PPP administration.

(3) The remuneration of the special PPP administrator shall be fixed by the court and the special PPP administrator shall make an application to court accordingly.

(4) The special PPP administrator shall give at least 14 days’ notice of his application to the following, who may appear or be represented—

(a) the Mayor;

(b) Transport for London;

(c) the creditors of the PPP company; and

(d) the Secretary of State.

(5) In fixing the remuneration, the court shall have regard to the following matters—

(a) the complexity (or otherwise) of the case;

(b) any respects in which, in connection with the PPP company’s affairs, there falls on the special PPP administrator any responsibility of an exceptional kind or degree;

(c) the effectiveness with which the special PPP administrator appears to be carrying out, or to have carried out, his duties as such; and

(d) the value and nature of the property with which he has to deal.

(6) Where there are joint special PPP administrators, it is for them to agree between themselves as to how the remuneration payable should be apportioned. Any dispute arising between them may be referred to the court for settlement by order.

(7) If the special PPP administrator is a solicitor and employs his own firm, or any partner of that firm, to act on behalf of the PPP company, profit costs shall not be paid unless this is authorised by the court.