SCHEDULE 1APPLICATION OF THE ACT AND RELATED PROVISIONS

Special administration7

1

Section 249 M1 (special administration regimes) of the Enterprise Act 2002 applies as if—

a

in subsection (1) (saving in relation to the replacement of Part 2 of the Insolvency Act 1986), after paragraph (aa) (saving for qualifying F1water supply licensee), there were inserted—

ab

a licensed infrastructure provider within the meaning of the Water Industry Act 1991,

b

subsections (3) to (5) were repealed.

2

Section 23 M2 (meaning and effect of special administration order) applies as if—

a

in subsection (1) (meaning of special administration order), after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”;

b

after subsection (2A) (purposes of a special administration order for qualifying F2water supply licensees), there were inserted—

2AA

The purposes of a special administration order made in relation to any company which is a licensed infrastructure provider shall be—

a

the transfer to another company or companies, as a going concern, of so much of the company's undertaking as it is necessary to transfer in order to ensure that its functions may be properly carried out; and

b

the carrying out of those functions pending the making of the transfer.

c

in subsection (4) (application of Schedule 2 to the Act)—

i

at the end of paragraph (a), “or” were repealed; and

ii

after paragraph (a), there were inserted—

aa

a company carries on activities relating to the functions formerly carried on by a licensed infrastructure provider; or

3

Section 24 M3 (special administration orders made on special petitions) applies as if—

a

in subsection (1) (applications for special administration orders made in relation to relevant undertakers), after “this Part”, there were inserted “ or is a licensed infrastructure provider ”;

b

in subsection (2) (grounds for making applications for special administration orders)—

i

in paragraph (bb) (qualifying F1water supply licensee causing contravention of a principal duty of a water undertaker)—

aa

in the words preceding sub-paragraph (i), after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”; and

bb

in sub-paragraph (i), for “water undertaker”, there were substituted “ relevant undertaker ”; and

ii

in paragraph (d) (petition by the Secretary of State following company inspector's report), after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”; and

c

in subsection (7) (meaning of principal duty), in paragraph (b), after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”.

4

Schedule 3 M4 (special administration orders) applies without modification.

5

Section 25 M5 (power to make special administration order on winding-up petition) applies as if, after “qualifying F1water supply licensee”, in each place it occurs, there were inserted “ or a licensed infrastructure provider ”.

6

Section 26 M6 (restrictions on voluntary winding-up and insolvency proceedings) applies as if, after “qualifying F1water supply licensee” there were inserted “ or a licensed infrastructure provider ”.

7

The provisions of the Water Industry (Special Administration) Rules 2009 apply as if—

a

in rule 3 (definitions and interpretation), in paragraph (1)—

i

following definition were inserted at the appropriate place—

“infrastructure” in relation to a licensed infrastructure provider (within the meaning of the Water Industry Act 1991) has the meaning given in the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013;

ii

in the definition of “water company” after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”;

b

in rule 8 (contents of affidavit), in paragraph (1)(a), after “qualifying F1water supply licensee”, there were inserted “ or a licensed infrastructure provider ”;

c

in rule 11 (service of petition), in paragraph (2) (persons who must be served)—

i

in sub-paragraph (j) after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales), ”;

ii

sub-paragraph (k) were omitted; and

iii

in sub-paragraph (l), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”;

d

in rule 17 (notice and advertisement of special administration order), in paragraph (4), “, the Welsh Ministers” were omitted;

e

in rule 18 (notice of discharge of special administration order), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”;

f

in rule 23 (resignation of special administrator), in paragraph (3)(a), “or the Welsh Ministers, as appropriate” were omitted;

g

in rule 24 (special administrator's death in office), in paragraph (2)(a), “or the Welsh Ministers, as appropriate” were omitted;

h

in rule 25 (order filling vacancy), in sub-paragraph (c), “or the Welsh Ministers, as appropriate” were omitted;

i

in rule 35 (statement if special administration order to be discharged before statement of proposals), “, the Welsh Ministers” were omitted;

j

in rule 65 (right of inspection of proxies), in paragraph (1)(e), after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”; and

k

in rule 82 (certain persons' right to inspect the court file), in paragraph (1)(d) after “the Welsh Ministers” there were inserted “ (where any part of the infrastructure in question is or is to be in Wales) ”.