PART 15DECISION MAKING
CHAPTER 5Requisitioned decisions
Expenses and timing of requisitioned decision15.19
1
The convener must, not later than 14 days from receipt of a request for a requisitioned decision, provide the requesting creditor with itemised details of the sum to be deposited as security for payment of the expenses of such procedure.
2
The convener is not obliged to initiate the decision procedure or deemed consent procedure (where applicable) until either—
a
the convener has received the required sum; or
b
the period of 14 days has expired without the convener having informed the requesting creditor or contributory of the sum required to be deposited as security.
3
A requisitioned decision must be made—
a
where requested under section 136(5)(c), within three months; or
b
in any other case, within 28 days;
of the date on which the earlier of the events specified in paragraph (2) of this rule occurs.
4
The expenses of a requisitioned decision must be paid out of the deposit (if any) unless—
a
the creditors decide that they are to be payable as an expense of the administration, winding up or bankruptcy, as the case may be; and
b
in the case of a decision of contributories, the creditors are first paid in full, with interest.
5
The notice of a requisitioned decision of creditors must contain a statement that the creditors may make a decision as in paragraph (4)(a) of this rule.
6
Where the creditors do not so decide, the expenses must be paid by the requesting creditor or contributory to the extent that the deposit (if any) is not sufficient.
7
To the extent that the deposit (if any) is not required for payment of the expenses, it must be repaid to the requesting creditor or contributory.