The PPP Administration Order Rules 2007
PART 1
INTRODUCTORY PROVISIONS
1
Citation and commencement
2
Construction and interpretation
3
Extent
PART 2
PPP ADMINISTRATION PROCEDURE
4
Affidavit to support petition
5
Contents of affidavit
6
Form of petition
7
Filing of petition
8
Service of petition
9
Notice to enforcement officer, etc
10
Manner in which service of petition is to be effected
11
Proof of service
12
The hearing
13
Notice and advertisement of PPP administration order
14
Discharge of PPP administration order
PART 3
STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS
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
Statement to be annexed to proposals
21
Notice to members of proposals to creditors
PART 4
MEETINGS
22
Creditors’ meetings generally
23
The chairman at meetings
24
Entitlement to vote
25
Admission and rejection of claims
26
Secured creditors
27
Holders of negotiable instruments
28
Retention of title creditors
29
Hire-purchase, conditional sale and chattel leasing agreements
30
Resolutions and minutes
31
Report to creditors
32
Venue and conduct of members’ meeting
PART 5
THE SPECIAL PPP ADMINISTRATOR
33
Fixing of remuneration
34
Disposal of charged property, etc
35
Abstract of receipts and payments
36
Resignation
37
Special PPP Administrator deceased
38
Order filling vacancy
PART 6
COURT PROCEDURE AND PRACTICE
CHAPTER 1
APPLICATIONS
39
Preliminary
40
Form and contents of application
41
Filing and service of application
42
Other hearings without notice
43
Hearing of application
44
Use of affidavit evidence
45
Filing and service of affidavits
46
Use of reports
47
Adjournment of hearing: directions
CHAPTER 2
SHORTHAND WRITERS
48
Appointment and remuneration of shorthand writers
CHAPTER 3
ENFORCEMENT PROCEDURES
49
Enforcement of court orders
50
Orders enforcing compliance with these Rules
51
Warrants under section 236 of the 1986 Act
CHAPTER 4
COURT RECORDS AND RETURNS
52
Title of proceedings
53
Court records
54
Inspection of records
55
File of court proceedings
56
Right to inspect the file
57
Filing of Gazette notices and advertisements
CHAPTER 5
COSTS AND DETAILED ASSESSMENT
58
Application of the Civil Procedure Rules
59
Requirement to assess costs by the detailed procedure
60
Procedure where detailed assessment required
61
Costs paid otherwise than out of the assets of the PPP company
62
Award of costs against special PPP administrator
63
Applications for costs
64
Costs and expenses of witnesses
65
Final costs certificate
CHAPTER 6
PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS
66
Introductory
67
Appointment of another person to act
68
Affidavit in support of application
69
Service of notices following appointment
CHAPTER 7
APPEALS IN PPP ADMINISTRATION PROCEEDINGS
70
Appeals and reviews of PPP administration orders
71
Procedure on appeal
CHAPTER 8
GENERAL
72
Principal court rules and practice to apply
73
Right of audience
74
Right of attendance
75
Special PPP administrator’s solicitor
76
Formal defects
77
Affidavits
78
Security in court
79
Payment into court
80
Further information and disclosure
81
Office copies of documents
PART 7
PROXIES AND COMPANY REPRESENTATION
82
Definition of proxy
83
Issue and use of forms of proxy
84
Use of proxies at meetings
85
Retention of proxies
86
Right of inspection
87
Proxy-holder with financial interest
88
Company representation
PART 8
EXAMINATION OF PERSONS IN PPP ADMINISTRATION PROCEEDINGS
89
Application
90
Form and contents of application
91
Order for examination, etc
92
Procedure for examination
93
Record of examination
94
Costs of proceedings under section 236
PART 9
MISCELLANEOUS AND GENERAL
95
Power of Secretary of State to regulate certain matters
96
Notices
97
Quorum at creditors’ meetings
98
Evidence of proceedings at meeting
99
Documents issuing from Secretary of State
100
Forms for use in PPP administration proceedings
101
Special PPP administrator’s security
102
Time-limits
103
Service by post
104
General provisions as to service and notice
105
Service outside the jurisdiction
106
Confidentiality of documents
107
Notices sent simultaneously to the same person
108
Right to copy documents
109
Charge for copy documents
110
Non-receipt of notice of meeting
111
Right to have list of creditors
112
False claim of status as creditor or member
113
The Gazette
114
Punishment of offences
PART 10
INTERPRETATION AND APPLICATION
115
Introductory
116
“The court”; “the registrar”
117
“Give notice” etc.
118
Notice, etc. to solicitors
119
Notice to joint special PPP administrators
120
“Petition”
121
“Venue”
122
“PPP administration proceedings”
123
“The appropriate fee”
124
Expressions used generally
125
Application and transitional provision
SCHEDULE
FORMS
2007 No. 3141

INSOLVENCY, ENGLAND AND WALES

COMPANIES, ENGLAND AND WALES

The PPP Administration Order Rules 2007
Made
31st October 2007
Laid before Parliament
5th November 2007
Coming into force
30th November 2007
The Lord Chancellor, in the exercise of his powers under section 411 of the Insolvency Act 1986 and section 220(5) of the Greater London Authority Act 1999 , makes the following Rules.
As required by section 411 of the Insolvency Act 1986, the Lord Chancellor makes these Rules with the concurrence of the Secretary of State, and of the Chancellor of the High Court (by the authority of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986) in relation to those rules that affect court procedure.
As required by section 413 of the Insolvency Act 1986 , the Lord Chancellor has consulted the committee existing for that purpose before making these Rules.
1986 c. 45. Section 411 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4.
1999 c. 29.
Section 413 was amended by the Constitutional Reform Act 2005, section 15(1) and Schedule 4 and by other enactments which are not relevant to these Rules.