Railway Administration Order Rules 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3352 |
2001 No. 3352
INSOLVENCY, ENGLAND AND WALES
COMPANIES, ENGLAND AND WALES
The Railway Administration Order Rules 2001
Made 6th October 2001
Laid before Parliament 8th October 2001
Coming into force 7th October 2001
Whereas the only provision made by the following Rules is provision applying rules made under section 411 of the Insolvency Act 19861, with modifications, for the purposes of provision made by sections 59 to 65 of, and Schedules 6 and 7 to, the Railways Act 19932;
The Lord Chancellor, in exercise of his powers under section 411 of the Insolvency Act 1986 and section 59(5) of the Railways Act 1993, with the concurrence of the Secretary of State, hereby makes the following Rules:
PART 1
INTRODUCTORY PROVISIONS
Citation and commencement
1.1. These Rules may be cited as the Railway Administration Order Rules 2001 and shall come into force on 7th October 2001.
Construction and interpretation
1.2.—(1) In these Rules—
“the 1986 Act” means the Insolvency Act 1986;
“the 1993 Act” means the Railways Act 1993;
“the Companies Act” means the Companies Act 19853;
“CPR” means the Civil Procedure Rules 19984and “CPR” followed by a Part or rule number means the Part or rule with that number in those Rules;
“the Department” means the Department of Trade and Industry;
“the Insolvency Rules” mean the Insolvency Rules 19865
“RSC” followed by an Order and number means the Order with that number set out in Schedule 1 to the CPR; and
“the Rules” means the Railway Administration Order Rules 2001
(2) References in the Rules toex parte hearings shall be construed as references to hearings without notice being served on any other party; references to applications made ex parte as references to applications made without notice being served on any other party and other references which include the expression “ex parte” shall be similarly construed.
(3) References to provisions of the 1986 Act are references to those provisions as applied by sections 59 to 62 and 65 of, and Schedule 6 to, the 1993 Act.
(4) Subject to paragraphs (1), (2) and (3), Part 10 of the Rules has effect for their interpretation and application.
Extent
1.3. The Rules apply in relation to protected railway companies which the courts in England and Wales have jurisdiction to wind up.
PART 2
RAILWAY ADMINISTRATION PROCEDURE
Affidavit to support petition
2.1. Where it is proposed to apply to the court by petition for a railway administration order to be made in relation to a protected railway company, an affidavit complying with Rule 2.3 below must be prepared and sworn, with a view to its being filed in court in support of the petition.
Independent report on company’s affairs
2.2.—(1) There may be prepared, with a view to its being exhibited to the affidavit in support of the petition, a report by an independent person to the effect that the appointment of a special railway administrator for the protected railway company is expedient.
(2) The report may be by the person proposed as special railway administrator, or by any other person having adequate knowledge of the affairs of the protected railway company, not being a director, secretary, manager, member, or employee of the company.
Contents of affidavit
2.3.—(1) The affidavit shall state that the company is a protected railway company within the meaning of Part I of the 1993 Act.
(2) The affidavit shall state one or more of the following—
(a)
(a) the deponent’s belief that the protected railway company is, or is likely to become, unable to pay its debts and the grounds of that belief;
(b)
(b) that the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the protected railway company under section 124A of the 1986 Act (petition for winding up on grounds of public interest) and that it would be just and equitable, as mentioned in that section, for the company to be wound up;
(c)
(c) that an agreement between the Secretary of State and a relevant rail link undertaker has been determined.
(3) There shall in the affidavit be provided a statement of the protected railway company’s financial position, specifying (to the best of the deponent’s knowledge and belief) assets and liabilities of the company, including contingent and prospective liabilities.
(4) Details shall be given of any security known or believed to be held by creditors of the protected railway company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver. If an administrative receiver has been appointed, that fact shall be stated.
(5) So far as within the immediate knowledge of the deponent, the affidavit shall contain details of—
(a)
(a) any petition which has been presented for the winding up of the protected railway company;
(b)
(b) any application for leave of the court to pass a resolution for the voluntary winding up of the protected railway company;
(c)
(c) any application for an administration order under Part II of the 1986 Act in relation to the protected railway company;
(d)
(d) any notice served in accordance with section 62(7) of the 1993 Act by any person intending to enforce any security over a protected railway company’s property; and
(e)
(e) any step taken to enforce any such security.
(6) If there are other matters which, in the opinion of the person intending to present the petition for a railway administration order, will assist the court in deciding whether to make such an order, those matters (so far as lying within the knowledge or belief of the deponent) shall also be stated.
(7) If a report has been prepared for the protected railway company under Rule 2.2, that fact shall be stated.
Form of petition
2.4.—(1) The petition shall state by whom it is presented and the address for service.
[Form 1]
(2) Where it is presented by the Authority, the petition shall contain a statement that it relates to a protected railway company which is the holder of a passenger licence and is presented with the consent of the Secretary of State.
(3) The petition shall specify the name and address of the person proposed to be appointed as special railway administrator; and it shall be stated that, to the best of the petitioner’s knowledge and belief, the person proposed to be appointed as special railway administrator is qualified to act as an insolvency practitioner in relation to the protected railway company.
[Form 1]
(5) There shall be exhibited to the affidavit in support of the petition—
(a)
(a) a copy of the petition;
(b)
(b) a written consent by the proposed special railway administrator to accept appointment, if a railway administration order is made; and
(c)
(c) if a report has been prepared under Rule 2.2, a copy of it.
[Form 2]
Filing of petition
2.5.—(1) The petition and affidavit shall be filed in court, with a sufficient number of copies for service and use as provided by Rule 2.6.
(2) Each of the copies delivered shall have applied to it the seal of the court and be issued to the petitioner; and on each copy there shall be endorsed the date and time of filing.
(3) The court shall fix a venue for the hearing of the petition and this also shall be endorsed on each copy of the petition issued under paragraph (2).
(4) After the petition is filed, it is the duty of the petitioner to notify the court in writing of any winding-up petition presented against the protected railway company, as soon as he becomes aware of it.
Service of petition
2.6.—(1) In the following paragraphs of this Rule, references to the petition are to a copy of the petition issued by the court under Rule 2.5(2) together with the affidavit in support of it and the documents (other than the copy petition) exhibited to the affidavit.
(2) The petition shall be served—
(a)
(a) on any person who has appointed an administrative receiver of, or who has applied to the court for an administration order under Part II of the 1986 Act in relation to, the protected railway company;
(b)
(b) if an administrative receiver has been appointed, on him;
(c)
(c) if there is pending a petition for the winding up of the protected railway company, on the petitioner (and also on the provisional liquidator, if any);
(d)
(d) on the person proposed as special railway administrator;
(e)
(e) on the protected railway company;
(f)
(f) where the petitioner is the Secretary of State, on the Authority; and
(g)
(g) where the petitioner is the Authority, on the Secretary of State.
Notice to sheriff, etc
2.7.—(1) The petitioner shall forthwith after filing the petition give notice of its presentation to—
(a)
(a) any sheriff or other officer who to his knowledge is charged with an execution or other legal process against the protected railway company or its property, and
(b)
(b) any person who to his knowledge has distrained against the protected railway company or its property.
(2) In the application of paragraph (1) of this Rule in a case where the protected railway company is a foreign company, within the meaning of Part II of Schedule 6 to the 1993 Act, the reference to property shall be taken as a reference to property situated within England and Wales.
Manner in which service of petition is to be effected
2.8.—(1) Service of the petition in accordance with Rule 2.6 shall be effected by the petitioner, or his solicitor, or by a person instructed by him or his solicitor, not less than two days before the date fixed for the hearing.
(2) Service shall be effected as follows—
(a)
(a) on the protected railway company (subject to paragraph (3) below), by delivering the documents to...
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