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The Water Industry (Special Administration) Rules 2009

Consolidated Text As Enacted Cited authorities 56 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
  • These Rules may be cited as the Water Industry (Special Administration) Rules 2009.
  • These Rules come into force on 1st November 2009.
    • (1) In these Rules—
    • “the Authority” means the Water Services Regulation Authority;
    • “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday in any part of England and Wales;
    • “the CPR” means the Civil Procedure Rules 1998 and “CPR” followed by a Part or rule number means the Part or rule with that number in those Rules;
    • “court” means the High Court;
    • “file” means file in court;
    • “Form WAT” followed by a number means the form with that number in the Schedule;
    • “the Insolvency Act” means, subject to paragraph (2) , the Insolvency Act 1986;
    • “proxy” has the meaning given in rule 61;
    • “the registrar” means—
      • (a) in the case of proceedings in a district registry of the Chancery Division of the High Court, the district judge; and
      • (b) in any other case, F21an Insolvency and Companies Court Judge;
    • “solicitor” (except in relation to witnessing an affidavit) includes any person who has, under or pursuant to an enactment, the right to conduct litigation in relation to special administration proceedings;
    • “special administration order” has the meaning given by section 23 of the Water Industry Act 1991 ;
    • “special administration proceedings” means proceedings under sections 23 to 25 of, and Schedule 3 to, the Water Industry Act 1991;
    • “special administrator” has the meaning given in paragraph 12 of Schedule 3 to the Water Industry Act 1991;
    • “statement of affairs” has the meaning given in section 22 of the Insolvency Act;
    • “water company” means a relevant undertaker or a qualifying F17water supply licensee within the meaning of the Water Industry Act 1991.
    (2) A reference to the Insolvency Act or a provision of that Act is a reference to that Act or provision as applied, substituted or modified by sections 23 to 26 of, and Schedule 3 to, the Water Industry Act 1991, construed in accordance with section 249 of the Enterprise Act 2002 (3) A reference to the Insolvency Rules 1986 (4) A reference to the venue for proceedings, for an attendance before the court, or for a meeting, is to the time, date and place for the proceedings, attendance or meeting.(1) These Rules apply to special administration proceedings that commence, in relation to a water company, on or after the date on which these Rules come into force.(2) For special administration proceedings that commenced before that date, these Rules apply to steps taken in those proceedings on or after that date.(1) These Rules apply the Insolvency Rules 1986, with modifications.special administration proceedings commenced, in relation to a water company, on or after the date on which these Rules come into force; orany step taken on or after that date in special administration proceedings that commenced before that date.(1) The forms in the Schedule must be used in, and in connection with, special administration proceedings.(2) A form may be used with any variations that the circumstances require.(1) A petition for an order for special administration in relation to a water company must be in Form WAT1.(2) The petition must state the petitioner's name and address for service.(3) If the petitioner is the Secretary of State if the water company is a relevant undertaker (within the meaning of the Water Industry Act 1991) whose area is wholly or mainly in Wales, the Welsh Ministers; orthe Secretary of State; andif the water company is a qualifying F19water supply licensee (within the meaning of the Water Industry Act 1991) , that the Secretary of State has consulted the Welsh Ministers before consenting.must specify the name and address of the person, or each person, proposed to be appointed as special administrator; andmust state that, to the best of the petitioner's knowledge and belief, the person, or each person, proposed is qualified to act as an insolvency practitioner in relation to the water company.(6) The petitioner, or another person on the petitioner's behalf, must prepare and swear an affidavit complying with rule 8.a copy of the petition;the proposed special administrator's written consent, in Form WAT2, to being appointed.whether the water company that is the subject of the petition is a relevant undertaker or a qualifying F20water supply licensee (within the meaning of the Water Industry Act 1991) ;which of the grounds set out in section 24(2) of the Water Industry Act 1991 the petitioner believes are

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