The Postal Administration Rules (Northern Ireland) 2021

CHAPTER 8 — Notifications to the Registrar

Application of this Chapter

175

This Chapter applies where under the 1989 Order or the Rules information is to be sent or delivered to the registrar.

Information to be contained in all notifications to the registrar

176

Where under the 1989 Order or the Rules a return, notice, or any other document or information is to be sent to the registrar, that notification shall specify—

• (a) the registered name of the company;

• (b) its registered number;

• (c) the nature of the notification;

• (d) the Article of the 1989 Order or the Rule under which the notification is made;

• (e) the date of the notification;

• (f) the name and postal address of person making the notification;

• (g) the capacity in which that person is acting in respect of the company; and

the notification shall be authenticated by the person making the notification.

Notifications relating to the office of postal administrator

177

In addition to the information required by Rule 176, a notification relating to the office of the postal administrator shall also specify—

• (a) the name of the postal administrator;

• (b) the date of the event notified;

• (c) where the notification relates to an appointment, the person, body or court making the appointment;

• (d) where the notification relates to the termination of an appointment, the reason for that termination (for example, resignation); and

• (e) the postal address of the postal administrator.

Notifications relating to documents

178

In addition to the information required by Rule 176 notification relating to a document (for example, a statement of affairs) shall also specify—

• (a) the nature of the document; and

• (b) the date of the document; or

• (c) where the document relates to a period of time (for example a report) the period of time to which the document relates.

Notifications relating to court orders

179

In addition to the information required by Rule 176, a notification relating to a court order shall also specify—

• (a) the nature of the court order; and

• (b) the date of the order.

Returns or reports of meetings

180

In addition to the information required by Rule 176, the notification of a return or a report of a meeting shall specify—

• (a) the purpose of the meeting including the Article of the 1989 Order or Rule under which it was convened;

• (b) the venue fixed for the meeting;

• (c) whether a required quorum was present for the meeting to take place; and

• (d) if the meeting took place, the outcome of the meeting (including any resolutions passed at the meeting).

Notifications relating to other events

181

In addition to the information required by Rule 176, a notification relating to any other event (for example the coming in to force of a moratorium) shall specify—

• (a) the nature of the event including the Article of the 1989 Order or Rule under which it took place; and

• (b) the date the event occurred.

Notifications of more than one nature

182

A notification which includes a notification of more than one nature shall satisfy the requirements applying in respect of each of those notifications.

Notifications made to other persons at the same time

183

• (1) Where under the 1989 Order or the Rules a notice or other document is to be sent to another person at the same time that it is to be sent to the registrar, that requirement may be satisfied by sending to that other person a copy of the notification sent to the registrar.

• (2) Paragraph (1) of this Rule does not apply—

• (a) where a form is prescribed for the notification to the other person; or

• (b) where the notification to the registrar is incomplete.

CHAPTER 9 — Inspection of Documents and the Provision of Information

Confidentiality of documents—grounds for refusing inspection

184

• (1) Where in postal administration proceedings the postal administrator considers that a document forming part of the records of those proceedings—

• (a) should be treated as confidential, or

• (b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,

the postal administrator may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

• (2) Where under this Rule the postal administrator determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.

Right to copy documents

185

Where the 1989 Order or the Rules confer a right for any person to inspect documents, the right includes that of taking copies of those documents, on payment—

• (a) in the case of documents on the court’s file of proceedings, of the fee chargeable under any order made under section 116 of the Judicature (Northern Ireland) Act 1978[^f00019], and

• (b) in any other case, of the appropriate fee.

Charges for copy documents

186

Except where prohibited by the Rules, a postal administrator is entitled to require the payment of the appropriate fee for the supply of documents requested by a creditor or member.

Right to have list of creditors

187

• (1) In postal administration proceedings a creditor has the right to require the postal administrator to provide a list of the creditors and the amounts of their respective debts unless paragraph (4) of this Rule applies.

• (2) The postal administrator on being required to furnish the list under paragraph (1) of this Rule—

• (a) forthwith shall send it to the person requiring the list to be furnished; and

• (b) may charge the appropriate fee for doing so.

• (3) The name and address of any creditor may be omitted from the list furnished under paragraph (2) of this Rule where the postal administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person provided that—

• (a) the amount of the debt in question is shown in the list; and

• (b) a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt.

• (4) Paragraph (1) of this Rule does not apply where a statement of affairs has been delivered to the registrar.

CHAPTER 10 — Computation of Time and Time Limits

Time

188

The provisions of Order 3 of the Rules of Court of Judicature except rules 3 and 6 apply, as regards computation, extension and abridgement of time, to anything required or authorised to be done by the Rules.

CHAPTER 11 — Security

Postal administrator’s security

189

• (1) Wherever under the Rules any person has to appoint a person to the office of postal administrator that person shall, before making the appointment, be satisfied that the person appointed or to be appointed has security for the proper performance of the office of postal administrator.

• (2) In any postal administration proceedings the cost of the postal administrator’s security shall be defrayed as an expense of the postal administration.

CHAPTER 12 — Notice of Order Under Article 150A(5) of the 1989 Order

Notice of order under Article 150A(5) of the 1989 Order

190

• (1) Where the court makes an order under Article 150A(5) of the 1989 Order, it shall forthwith send two sealed copies of the order to the applicant and a sealed copy to the postal administrator.

• (2) Where the court has made an order under Article 150A(5) of the 1989 Order, the postal administrator shall forthwith, give notice to each creditor of whose address and claim they are aware.

• (3) Paragraph (2) of this Rule does not apply where the court directs otherwise.

• (4) The court may direct that the requirement in paragraph (2) of this Rule is complied with if a notice has been published by the postal administrator which, in addition to containing the standard contents, states that the court has made an order disapplying the requirement to set aside the prescribed part.

• (5) Forthwith the notice—

• (a) shall be gazetted; and

• (b) may be advertised in such other manner as the postal administrator thinks fit.

• (6) The postal administrator shall send a copy of the order to the registrar forthwith after the making of the order.

PART 16 — Further Interpretation Provisions

Interpretation

191

This Part of the Rules has effect for their interpretation and application; and any definition given in this Part applies unless the context otherwise requires.

“The appropriate fee”

192

“The appropriate fee” means 15 pence per A4 or A5 page, and 30 pence per A3 page.

“Authorised deposit-taker and former authorised deposit-taker”

193

• (1) “Authorised deposit-taker” means a person with permission under Part 4A[^f00020] of the Financial Services and Markets Act 2000 to accept deposits.

• (2) “Former authorised deposit-taker” means a person who—

• (a) is not an authorised deposit-taker,

• (b) was formerly an authorised institution under the Banking Act 1987[^f00021], or a recognised bank or a licensed institution under the Banking Act 1979[^f00022], and

• (c) continues to have liability in respect of any deposit for which it had a liability at a time when it was an authorised institution, recognised bank or licensed institution.

• (3) Paragraphs (1) and (2) of this Rule shall be read with—

• (a) section 22[^f00023] of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

“The court”; “the Master”

194

• (1) Anything to be done under or by virtue of the 1989 Order or the Rules by, to or before the court may be done by, to or before a judge of the High Court or the Master.

• (2) The Judge or Master may authorise any act of a formal or administrative character which is not by statute the Judge or Master’s responsibility to be carried out by any officer of the court acting on the Master’s behalf, in accordance with directions given by the Chancery Judge.

• (3) “the Master” means the Master (Bankruptcy).

“Debt”, “liability”

195

• (1) “Debt”, in relation to the postal administration of a company, means (subject to the next paragraph) any of the following—

• (a) any debt or liability to which the company is subject at the date on which the company entered postal administration;

• (b) any debt or liability to which the company may become subject after that date by reason of any obligation incurred before that date; and

• (c) any interest provable as mentioned in Rule 58.

• (2) For the purposes of any provision of the 1989 Order or the Rules about postal administration, any liability in tort is a debt provable in the postal administration, if either—

• (a) the cause of action has accrued at the date on which the company entered postal administration; or

• (b) all the elements necessary to establish the cause of action exist at that date except for actionable damage.

• (3) For the purposes of references in any provision of the 1989 Order or the Rules about postal administration to a debt or liability, it is immaterial whether the debt or liability is present or future, whether it is certain or contingent, or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in any such provision to owing a debt are to be read accordingly.

• (4) In any provision of the 1989 Order or the Rules about postal administration, except in so far as the context otherwise requires, “liability” means (subject to paragraph (3) of this Rule) a liability to pay money or money’s worth, including any liability under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution.

“Petitioner”

196

In winding-up, references to “the petitioner” include any person who has been substituted as such.

“Venue”

197

References to the “venue” for any proceeding or attendance before the court, or for a meeting, are to the time, date and place for the proceeding, attendance or meeting.

Expressions used generally

198

• (1) “Business day” has the same meaning as in Article 5 of the Order.

• (2) “File with the court” means deliver to the court for filing.

• (3) “The Gazette” means the Belfast Gazette.

• (4) “gazetted” means advertised once in the Gazette.

• (5) “Prescribed part” has the same meaning as it does in Article 150A(2)(a) of the 1989 Order.

• (6) “Standard contents” means—

• (a) in relation to a notice to be gazetted, the contents specified in Rule 170; and

• (b) in relation to a notice to be advertised in any other way, the contents specified in Rule 173.

Application

199

The Rules apply to postal administration proceedings commenced on or after the date on which the Rules come into operation. Nothing in the Insolvency Rules shall apply to such proceedings commenced on or after that date.

Application of the 1989 Order

200

For the purposes of the Rules, any reference in the 1989 Order to “leave” of the court is to be construed as meaning “permission” of the court.

SCHEDULE 1 — Forms

Form number	Title
PA1	Company administration application
PA2	Statement of proposed postal administrator
PA3	Postal administration order
PA4	Notice of postal administrator’s appointment
PA5	Notice requiring submission of a statement of affairs
PA6	Statement of affairs
PA7	Statement of concurrence
PA8	Notice of extension of time period
PA9	Notice of a meeting of creditors
PA10	Creditor’s request for a meeting
PA11	Notice of intention to resign as postal administrator

SCHEDULE 2 — Punishment of offences under these rules

Rule creating offence	General nature of offence	Mode of prosecution	Punishment	Daily default fine (where applicable)
Rule 34(7)	Postal administrator failing to send notification as to progress of postal administration	Summary	One-fifth of the statutory maximum	One-fiftieth of the statutory maximum
Rule 94(2)	Postal administrator’s duties on vacating office	Summary	One-fifth of the statutory maximum	One-fiftieth of the statutory maximum
Rule 149(1)	False representation of status for purpose of inspecting documents	1. On indictment	Two years or a fine or both
Rule 149(1)	False representation of status for purpose of inspecting documents	2. Summary	Six months or the statutory maximum, or both

Signed

Sealed with the Official Seal of the Department of Justice on 9th September 2021

Naomi Long — Minister of Justice

I concur

Siobhan Keegan — The Lady Chief Justice of Northern Ireland

The Department for the Economy concurs the foregoing Rules

Sealed with the Official Seal of the Department for the Economy on 9th September 2021

Mike Brennan — A senior officer of the Department for the Economy

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules set out the procedure for the postal administration process under Part 4 of the Postal Services Act 2011(c.5) (“the Act”). Postal administration is a special insolvency regime specifically created for companies that are designated under section 35 of the Act as universal service providers.

The main features of postal administration are:

• (a) the company enters the procedure by court order on application by the Secretary of State or with the consent of the Secretary of State, by OFCOM;

• (b) the order appoints a postal administrator;

• (c) the objective of a postal administration is to secure that a universal postal service is provided in accordance with the standards set out in the universal postal service order; and

• (d) in other respects the process is the same as for normal administration under the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405), subject to specified modifications.

Part 2 of these Rules sets out the procedure for applying for a postal administration order.

Part 3 of these Rules sets out the initial steps to be taken in postal administration proceedings.

Part 4 of these Rules governs the conduct of creditors and company meetings.

Part 5 of these Rules contains provision relating to an application to court for authority to dispose of property subject to a security.

Part 6 of these Rules provides for the priority of expenses of the postal administration.

Part 7 of these Rules contain provision relating to distribution to creditors, including as to proving debts and quantifying claims.

Part 8 of these Rules contains details of how the remuneration of a postal administrator will be fixed by the court.

Part 9 of these Rules set out the arrangements for ending a postal administration.

Part 10 of these Rules set out the requirements and procedures for replacing a postal administrator.

Part 11 of these Rules contains general provisions detailing the court procedure and practice for postal administration.

Part 12 of these Rules contain provisions for the use of proxies at creditors’ or members’ meetings.

Part 13 of these Rules set out the provisions for examination of persons where an application to court has been made by the postal administrator under Article 200 of the Insolvency (Northern Ireland) Order 1989

Part 14 of these Rules contain miscellaneous and general provisions.

Part 15 of these Rules contain provisions of general effect.

Part 16 of these Rules contains further interpretation and application provisions.

Schedule 1 to these Rules contain the forms that are to be used in postal administration proceedings.

Schedule 2 to these Rules contains specific details of the punishment of offences under these Rules.

A full impact assessment has not been produced for this instrument. An Impact Assessment for the Act is available on the Parliament website.

Footnotes

[^f00001]: S.I. 1989/2405 (N.I.19). Article 359 was amended by the Insolvency (Northern Ireland) Order 1989 (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 223), section 15 of and paragraph 81 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); Article 15(1) and (5) of and paragraph 142 of Schedule 18 to the (Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and by the Insolvency Amendment (EU 2015/848) Regulations 2017 (S.I. 2017/702).

[^f00002]: 2011 c.5. Section 73(4) and 87(2) of that Act disapply Article 360(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (duty to consult the Insolvency Rules Committee before making rules under Article 359 of the 1989 Order).

[^f00003]: Formerly the Department of Enterprise, Trade and Investment, see the Departments Act (Northern Ireland) 2016 (2016 c. 5, section 1(3) and Schedule 1).

[^f00004]: Article 359(1A) was inserted by paragraph 81 of Schedule 5 to the Constitutional Reform Act 2005 c. 4.

[^f00005]: 2016 c. 2 (N.I.).

[^f00006]: S.I. 1989/2405 (N.I.19).

[^f00007]: 2011 c. 5.

[^f00008]: 2006 c. 46.

[^f00009]: S.R. 1991 No. 364.

[^f00010]: S.R. 1980 No. 346. The Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).

[^f00011]: Schedule B1 to the 1989 Order was inserted by the Insolvency (Northern Ireland) Order 2005 S.I. 2005/1455 (N.I. 10).

[^f00012]: S.I. 1989/2405 (N.I. 19). Article 104A was inserted by the Companies (No.2) (Northern Ireland) Order 1990,S.I. 1990/1504 (N.I. 10) and amended by the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941).

[^f00014]: 1989/2405 (N.I.19); Article 104 was amended by Article 26 of, and paragraph 16 of Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)), by Article 8 of the Companies (No.2) Order 1990 (S.I. 1990/1504 (N.I.10)), by Article 3 of, and paragraph 8 of Schedule 1 to, the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3152 (N.I. 6)), by S.R. 2002 No.334, by S.R. 2004 No.417, by S.I. 2006/2078, by S.I. 2007/1093 and by S.I. 2009/1941.

[^f00015]: Article 199(4)(a) was substituted by paragraph 35 of Schedule 2 to, the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)).

[^f00016]: 2002 c. 29.

[^f00017]: 2000 c.8.

[^f00018]: Article 208ZA was inserted by the Insolvency (Amendment) Act (Northern Ireland) 2016.

[^f00019]: 1978 c. 23

[^f00020]: Part 4A of the Financial Services and Markets Act 2000 c. 8 was substituted for Part 4 of that Act by section 11(2) of the Financial Services Act 2012 c. 21.

[^f00021]: 1987 c. 22; repealed by S.I. 2001/3649, article 3(1)(d).

[^f00022]: 1979 c. 37; repealed by the Banking Act 1987, section 108, Schedule 7, Part 1.

[^f00023]: Section 22 was amended by section 7 of the Financial Services Act 2012 c. 21; the Financial Guidance and Claims Act 2018 c. 10; and the Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018/135.