Notice of order under section 176A(5) of the 1986 Act
- Deliver notice of court order disapplying prescribed part to creditors and registrar
UK Statutory Instrument
2023
United Kingdom
The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023
At a glance
What's here
43 compliance obligations
Who this Act binds
Plus 18 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Procedure where detailed assessment required
- Provide certificate of employment for cost assessment
Notification and advertisement of nuclear administrator’s appointment
- Notify relevant parties and advertise nuclear administrator appointment
Notice requiring statement of affairs
- Submit statement of affairs to nuclear administrator within 11 days
Order for examination, etc.
Other duties (1) — Crown / regulator
- Court must specify venue and timing for respondent's appearance or documents Tribunal / Court
Electronic delivery by nuclear administrators
- Provide hard copy of electronic documents on request within 5 days
Use of website by nuclear administrator to deliver a particular document
- Nuclear administrator must provide website access to documents and hard copies on request
General use of website to deliver documents
- Nuclear administrator must follow website document delivery rules
Statement of concurrence
- Deliver a statement of concurrence within 5 business days if required
Statement of affairs: filing, etc.
Other duties (1) — Crown / regulator
- Nuclear administrator must file statement of affairs with Companies House Crown / Minister / Government department
Statement of affairs: limited disclosure
Other duties (1) — Crown / regulator
- Nuclear administrator must seek court approval to withhold statement of affairs from public register Crown / Minister / Government department
Right to list of creditors
Other duties (1) — Crown / regulator
- Nuclear administrator must provide list of creditors on request Statutory regulator
Release from duty to submit statement of affairs; extension of time
Other duties (1) — Crown / regulator
- Nominated person can request statement of affairs waiver or extension Tribunal / Court
Expenses of statement of affairs and statement of concurrence
Other duties (1) — Crown / regulator
- Pay reasonable expenses of statement of affairs and concurrence Statutory regulator
Nuclear administrator’s proposals
- Nuclear administrator must prepare a detailed statement of proposals
Ancillary provisions about delivery of nuclear administrator’s proposals
- Notify creditors and members of court-ordered extension for delivering proposals
Limited disclosure: nuclear administrator’s proposals
- Nuclear administrator must manage limited disclosure of proposals and update court if circumstances change
Revision of the nuclear administrator’s proposals
- Produce and circulate statement of revised proposals when changing administration plan
Reports
- Nuclear administrator must prepare and send progress reports every 6 months
Creditors’ decisions
Other duties (1) — Crown / regulator
- Nuclear administrator must seek creditors' decision when rule 29 applies Crown / Minister / Government department
Creditors’ decisions for the nomination of an alternative liquidator
Other duties (1) — Crown / regulator
- Nuclear administrator must seek creditor decision on liquidator if 10% of creditors request it Statutory regulator
Venue and conduct of company meeting
Other duties (1) — Crown / regulator
- Nuclear administrator: fix meeting venue conveniently Statutory regulator
Authority to dispose of property
- Nuclear administrator must notify security holders and registrar about property disposal proceedings
Nuclear administrator to allow inspection of proofs
Other duties (1) — Crown / regulator
- Nuclear administrator must allow inspection of creditor proof evidence Statutory regulator
Admission and rejection of proofs for dividend
Other duties (1) — Crown / regulator
- Nuclear administrator must give reasons if rejecting a creditor's proof Statutory regulator
Estimate of value of debt
Other duties (1) — Crown / regulator
- Nuclear administrator must estimate value of uncertain debts and inform creditors Crown / Minister / Government department
Value of security
Other duties (1) — Crown / regulator
- Nuclear administrator must notify creditors of revaluation within 5 business days Crown / Minister / Government department
Supplementary provisions as to dividend
Other duties (1) — Crown / regulator
- Nuclear administrator must reserve funds for disputed or late-proved debts when paying dividends Statutory regulator
Notice of proposed distribution
- Nuclear administrator must give notice of proposed distribution to creditors
Further contents of notice to creditors owed small debts, etc.
- Nuclear administrator may treat small debts as proved for dividend payments
Sole or final dividend
- Nuclear administrator must pay priority sums and declare final dividend after proof deadline
Admission or rejection of proofs following last date for proving
Other duties (1) — Crown / regulator
- Nuclear administrator must admit or reject creditor proofs within 14 days of deadline Statutory regulator
Declaration of dividend
Other duties (1) — Crown / regulator
- Nuclear administrator must declare or postpone dividends within two months Statutory regulator
Secured creditors
- Repay excess dividend if security value is reduced
Assignment of right to dividend
Other duties (1) — Crown / regulator
- Nuclear administrator must pay dividend to assigned person upon notice Statutory regulator
Division of unsold assets
- Nuclear administrator must report valuation of unsold assets divided among creditors
Fixing of remuneration
- Nuclear administrator must apply to court for remuneration and notify creditors
Notification by nuclear administrator of court order
Other duties (1) — Crown / regulator
- Nuclear administrator must notify directors, regulators, and Companies House of court order ending administration Crown / Minister / Government department
Moving from relevant licensee nuclear company administration to creditors’ voluntary liquidation
- Nuclear administrator must follow procedure when moving from administration to creditors' voluntary liquidation
Moving from relevant licensee nuclear company administration to dissolution
- Nuclear administrator must deliver notice and final progress report to registrar and key parties
Provision of information to the Secretary of State
- Provide final report to Secretary of State with outstanding debts and shortfall
Notice of intention to resign
- Nuclear administrator must give notice of intention to resign
Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2)
- Nuclear administrator must file formal notice of resignation with court and send copies
Browse 141 other sections — procedural / definitional / commencement
Citation, commencement and extent
Notice to officers charged with distress or other legal process
Nuclear administrator’s duties on vacating office
Preliminary
Contents of application
Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act
Filing and service of application
Hearings without notice
Hearing of application
Witness statements
Use of reports
The hearing
Directions and adjournment
Enforcement of court orders
Orders enforcing compliance
Warrant under section 236 of the 1986 Act
Court file
Office copies of documents
Application and interpretation
Requirement to assess costs by the detailed procedure
Costs paid otherwise than out of the assets of the relevant licensee nuclear company
Notice of relevant licensee nuclear company administration order
Award of costs against nuclear administrator
Application for costs
Costs and expenses of witnesses
Final costs certificate
Introduction
Appointment of another person to act
Witness statement in support of application
Service of notices following appointment
Appeals and reviews
Procedure on appeal
Principal court rules and practice to apply
Performance of functions by the court
Rights of audience
Formal defects
Shorthand writers
Payment into court
Further information and disclosure
Court orders
Application and interpretation
Contents of application
Procedure for examination
Record of examination
Cost of proceedings under section 236
Application
Personal delivery of documents
Delivery of documents by post (or document exchange)
Delivery of documents to authorised recipients
Delivery of documents to joint nuclear administrators
Electronic delivery of documents
Statement of affairs: content
Electronic delivery of documents to the court
Electronic delivery of notices to enforcement officers, etc.
Proof of delivery of documents
Requirement for writing and form of documents
Authentication
Application
Service of relevant licensee nuclear company administration application
Service on joint nuclear administrators
Service of orders staying proceedings
Certificate of service
Contents of notices to be gazetted under the 1986 Act or these Rules
Omission of unobtainable information
The Gazette: general
Notices otherwise advertised under the 1986 Act or these Rules
Non-Gazette notices: other provisions
Application
Information to be contained in all documents delivered to the registrar
Documents relating to the office of nuclear administrators
Documents relating to other documents
Documents relating to court orders
Reports of meetings
Documents relating to other events
Documents of more than one type
Documents delivered to other persons at the same time
Confidentiality of documents: grounds for refusing inspection
Right to copies of documents
Charges for copies of documents
Calculation of time periods
False claim of status as creditor, etc.
Punishment of offences
Review
Application
Statement of pre-relevant-licensee-nuclear-company-administration costs
Application
Interpretation
Decision making
Application
Proxies and representatives
Remote attendance at meetings: request to specify a place
Action where person excluded
Indication to excluded person
Complaint by or in relation to excluded persons, etc.
Notice of meetings by advertisement only
Non-receipt of notice of meeting
Interpretation: “debt”; “liability”
Expenses
Priority of expenses of relevant licensee nuclear company administration
Pre-relevant-licensee-nuclear-company-administration costs
Proving a debt
Provable debts
Costs of proving
Appointment of new nuclear administrator: proofs
Form of application
Appeal against decision on proof
Withdrawal or variation of proof
Exclusion of proof by the court
Discounts
Mutual credits and set off
Debt in foreign currency
Payments of a periodical nature
Interest
Debt payable at future time
Proposed nuclear administrator’s statement and consent to act
Voluntary surrender of security
Surrender for non-disclosure
Redemption by nuclear administrator
Test of security’s value
Realisation of security by creditor
Distribution to creditors generally
Debts of insolvent relevant licensee nuclear company to rank equally
Witness statement in support of application
Postponement or cancellation of dividend
Notice of declaration of a dividend
Payments of dividends and related matters
Notice of no dividend, or no further dividend
Proof altered after payment of dividend
Filing of application
Disqualification from dividend
Adjustment where dividend paid before time
Remuneration of new nuclear administrator
Interpretation: final progress reports, etc.
Application to court
Service of application
Grounds for resignation
Application to court to remove nuclear administrator from office
Notice of vacation of office when nuclear administrator ceases to be qualified to act
Nuclear administrator deceased
Application to replace
Appointment of replacement or additional nuclear administrator
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