The Postal Administration (Scotland) Rules 2016

• (b) where the Secretary of State did not receive notice of the postal administrator’s appointment, the Secretary of State; and

• (c) where OFCOM did not receive notice of the postal administrator’s appointment, OFCOM.

• (3) For the purposes of paragraph 83(7) of Schedule B1 to the 1986 Act, a person shall be nominated as liquidator in accordance with the provisions of Rule 16(1)(l) or Rule 34(1)(h)—

• (a) by virtue of the postal administrator’s proposals or revised proposals; or

• (b) where a creditors’ meeting is held in accordance with Rule 29, as a consequence of such a meeting.

• (4) OFCOM must notify the Secretary of State before consenting to the postal administrator sending a notice of moving from postal administration to creditors’ voluntary liquidation to the registrar of companies.

• (5) Where the creditors nominate a different person, the nomination must, where applicable, include the declaration required by section 231 of the 1986 Act (appointment to office of two or more persons).

Moving from postal administration to dissolution

59

• (1) The notice required by paragraph 84(1) of Schedule B1 to the 1986 Act shall be in Form PA18(S) and shall be accompanied by a final progress report.

• (2) As soon as reasonably practicable a copy of the notice and accompanying documents shall be sent to—

• (a) all those who received notice of the postal administrator’s appointment;

• (b) where the Secretary of State did not receive notice of the postal administrator’s appointment, the Secretary of State; and

• (c) where OFCOM did not receive notice of the postal administrator’s appointment, to OFCOM.

• (3) Where the court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act it shall, where the applicant is not the postal administrator, give a copy of the order to the postal administrator.

• (4) The notice required by paragraph 84(8) of Schedule B1 to the 1986 Act shall be in Form PA19(S).

• (5) OFCOM must notify the Secretary of State before directing the postal administrator to send a notice of moving from postal administration to dissolution to the registrar of companies.

Provision of information to the Secretary of State

60

Where the postal administration ends pursuant to paragraphs 79, 83 or 84 of Schedule B1 to the 1986 Act, the postal administrator shall, within 5 business days from the date of the end of the postal administration, provide the Secretary of State with the following information—

• (a) a breakdown of the relevant debts (within the meaning of section 83(6) of the 2011 Act (regulatory conditions to secure funding of postal administration order) of the company, which remain outstanding; and

• (b) details of any shortfall (within the meaning of section 83(5) of the 2011 Act) in the property of the company available for meeting those relevant debts.

PART 8 — Replacing a Postal Administrator

Grounds for resignation

61

• (1) The postal administrator may give notice of the postal administrator’s resignation on grounds of ill health or because—

• (a) the postal administrator intends ceasing to be in practice as an insolvency practitioner; or

• (b) there is some conflict of interest, or change of personal circumstances, which precludes or makes impracticable the further discharge by the postal administrator of the duties of postal administrator.

• (2) The postal administrator may, with the leave of the court, give notice of the postal administrator’s resignation on grounds other than those specified in paragraph (1).

Notice of intention to resign

62

The postal administrator must give to the persons specified below at least 5 business days’ notice in Form PA20(S) of the postal administrator’s intention to resign, or to apply for the court’s leave to do so—

• (a) the Secretary of State;

• (b) OFCOM;

• (c) if there is a continuing postal administrator of the company, ... the continuing postal administrator; and

• (d) if there is no such postal administrator, ... the company and its creditors.

Notice of resignation

63

• (1) The notice of resignation shall be in Form PA21(S), lodged in court and a copy sent to the registrar of companies.

• (2) A copy of the notice of resignation shall be sent, not more than 5 business days after it has been lodged in court, to all those to whom notice of intention to resign was sent.

Application to court to remove postal administrator from office

64

• (1) An application to the court to remove a postal administrator from office shall be served upon—

• (a) the postal administrator;

• (b) the Secretary of State;

• (c) OFCOM;

• (d) the joint postal administrator (if any); and

• (e) where there is no joint postal administrator, the company and all the creditors, including any floating charge holders.

• (2) An applicant under this Rule shall, within 5 business days of the order being made, send a copy of the order to—

• (a) all those to whom notice of the application was sent; and

• (b) the registrar of companies in Form PA22(S).

Incapacity to act, through death or otherwise

65

• (1) Subject to paragraph (2), where the postal administrator has died, it is the duty of the postal administrator’s executors to give notice of that fact to the court and to the registrar of companies, specifying the date of death. ...

• (2) If the deceased postal administrator was a partner in or an employee of a firm, notice may be given by a partner in the firm who is qualified to act as an insolvency practitioner, or is a member of any body recognised by the Secretary of State for the authorisation of insolvency practitioners.

• (3) Notice of the death may also be given by any person.

• (4) Where a postal administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the company gives notice in accordance with paragraph 89(2) of Schedule B1 to the 1986 Act, the postal administrator shall also give notice to the registrar of companies.

Application to replace

66

• (1) Where an application is made to the court under paragraph 91 of Schedule B1 to the 1986 Act to appoint a replacement postal administrator, the application shall be accompanied by a Statement of the Proposed Postal Administrator in Form PA1(S).

• (2) A copy of the application shall be served, in addition to those persons listed in section 70(2) of the 2011 Act (application for postal administration orders) and Rule 7, on the person who made the application for the postal administration order.

• (3) Where the court makes an order filling a vacancy in the office of postal administrator, the same provisions shall apply, subject to such modification as may be necessary, in respect of giving notice of, and advertising, the appointment as in the case of the original appointment of a postal administrator.

Notification and advertisement of appointment of replacement postal administrator

67

• (1) This Rule applies where any person has appointed a postal administrator in accordance with these Rules and a replacement postal administrator is appointed.

• (2) The replacement postal administrator shall send notice of the appointment in Form PA23(S) to the registrar of companies.

• (3) The same provisions apply in respect of giving notice of, and advertising, the replacement appointment as in the case of an initial appointment, and all statements, consents and other documents as required shall also be required in this case.

• (4) All forms and notices shall clearly identify that the appointment is of a replacement postal administrator.

Joint or concurrent appointments

68

• (1) Where a person is appointed in accordance with paragraph 103 of Schedule B1 to the 1986 Act to act as postal administrator jointly or concurrently with the persons then acting, the same provisions shall apply, subject to this Rule and to such other modification as may be necessary, in respect of the making of this appointment as in the case of the original appointment of an administrator.

• (2) The additional postal administrator shall send notice of the appointment in Form PA23(S) to the registrar of companies.

Hand-over of assets to successor postal administrator

69

• (1) This Rule applies where a person appointed as postal administrator (“the succeeding postal administrator”) succeeds a previous postal administrator (“the former postal administrator”).

• (2) When the succeeding postal administrator’s appointment takes effect, the former postal administrator shall forthwith do all that is required for putting the succeeding postal administrator into possession of the company’s assets.

• (3) The former postal administrator shall give to the succeeding postal administrator all such information, relating to the affairs of the company and the course of the postal administration, as the succeeding postal administrator considers to be reasonably required for the effective discharge of the succeeding postal administrator’s duties as such and shall hand over all books, accounts, statements of affairs, statements of claim and other records and documents in the former postal administrator’s possession relating to the affairs of the company and its postal administration.

PART 9 — Prescribed Part

Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act

70

An application under section 176A(5) of the 1986 Act (share of assets for unsecured creditors)[^f00020] shall include averments as to—

• (a) the fact that the application arises in the course of a company administration;

• (b) the financial position of the company;

• (c) the basis of the postal administrator’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and

• (d) whether any other insolvency practitioner is acting in relation to the company and, if so, the address of that insolvency practitioner.

Notice of order under section 176A(5) of the 1986 Act

71

• (1) Where the court makes an order under section 176A(5) of the 1986 Act the postal administrator shall, as soon as reasonably practicable after the making of the order—

• (a) send to the company a copy of the order certified by the clerk of court;

• (b) send to the registrar of companies a copy of the order together with Form PA24(S) and

• (c) give notice of the order to each creditor of whose claim and address the postal administrator is aware.

• (2) The court may direct that the requirement of paragraph (1)(c) of this Rule be met by the publication of a notice containing the standard content and stating that the court has made an order disapplying the requirement to set aside the prescribed part.

• (3) The notice referred to in paragraph (2) must be published as soon as reasonably practicable in the Edinburgh Gazette and may be advertised in such other manner as the administrator thinks fit.

PART 10 — Proxies and Company Representation

Definition of “proxy”

72

• (1) For the purposes of these Rules, a person (“the principal”) may authorise another person (“the proxy-holder”) to attend, speak and vote as the principal’s representative at meetings of creditors or of the company in postal administration proceedings, and any such authority is referred to as a proxy.

• (2) A proxy may be given either generally for all meetings in postal administration proceedings or specifically for any meeting or class of meetings.

• (3) Only one proxy may be given by the principal for any one meeting; and it may only be given to one person, being an individual aged 18 or over. The principal may nevertheless nominate one or more other such persons to be proxy-holder in the alternative in the order in which they are named in the proxy.

• (4) Without prejudice to the generality of paragraph (3), a proxy for a particular meeting may be given to whoever is to be the chair of the meeting and any person to whom such a proxy is given cannot decline to be a proxy-holder in relation to that proxy.

• (5) A proxy may require the holder to vote on behalf of the principal on matters arising for determination at any meeting, or to abstain, either as directed or in accordance with the holder’s own discretion; and it may authorise or require the holder to propose, in the principal’s name, a resolution to be voted on by the meeting.

Form of proxy

73

• (1) With every notice summoning a meeting of creditors or of the company in postal administration proceedings there shall be sent out forms of proxy.

• (2) A form of proxy shall not be sent out with the name or description of any person inserted in it.

• (3) A proxy shall be in the form sent out with the notice summoning the meeting or in a form substantially to the same effect.

• (4) A form of proxy shall be filled out and signed by the principal, or by some person acting under the authority of the principal and, where it is signed by someone other than the principal, the nature of that person’s authority shall be stated on the form.

Use of proxy at meeting

74

• (1) A proxy given for a particular meeting may be used at any adjournment of that meeting.

• (2) A proxy may be lodged at or before the meeting at which it is to be used.

• (3) Where the postal administrator holds proxies to be used by the postal administrator as chair of the meeting, and some other person acts as chair, the other person may use the postal administrator’s proxies as if that person were the proxy-holder.

• (4) Where a proxy directs a proxy-holder to vote for or against a resolution for the appointment of a person other than the postal administrator as proposed liquidator of the company, the proxy-holder may, unless the proxy states otherwise, vote for or against any resolution for the appointment of that person jointly with another or others.

• (5) A proxy-holder may propose any resolution which, if proposed by another, would be a resolution in favour of which the proxy-holder would be entitled to vote by virtue of the proxy.

• (6) Where a proxy gives specific directions as to voting, this does not, unless the proxy states otherwise, preclude the proxy-holder from voting on resolutions put to the meeting which are not dealt with in the proxy.

Retention of proxies

75

• (1) Proxies used for voting at any meeting shall be retained by the chair of the meeting.

• (2) The chair shall deliver the proxies forthwith after the meeting to the postal administrator (where that is someone other than the chair).

• (3) The postal administrator shall retain all proxies in the sederunt book.

Right of inspection

76

• (1) The postal administrator shall, so long as proxies lodged with the postal administrator are in the postal administrator’s hands, allow them to be inspected at all reasonable times on any business day, by—

• (a) the creditors, in the case of proxies used at a meeting of creditors; and

• (b) a company’s members, in the case of proxies used at a meeting of the company.

• (2) The reference in paragraph (1) to creditors is a reference to those persons who have submitted in writing a claim to be creditors of the company but does not include a person whose claim has been wholly rejected for purposes of voting, dividend or otherwise.

• (3) The right of inspection given by this Rule is also exercisable by the directors of the company.

• (4) Any person attending a meeting in postal administration proceedings is entitled, immediately before or in the course of the meeting, to inspect proxies and associated documents (including claims)—

• (a) to be used in connection with that meeting; or

• (b) sent or given to the chair of that meeting or to any other person by a creditor or member for the purpose of that meeting, whether or not they are to be used at it.

Proxy-holder with financial interest

77

• (1) A proxy-holder shall not vote in favour of any resolution which would directly or indirectly place the proxy-holder, or any associate of the proxy-holder, in a position to receive any remuneration out of the assets of the company, unless the proxy specifically directs the proxy-holder to vote that way.

• (2) Where a proxy-holder has signed the proxy as being authorised to do so by the proxy-holder’s principal and the proxy specifically directs the proxy-holder to vote in the way mentioned in paragraph (1), the proxy-holder shall nevertheless not vote in that way unless the proxy-holder produces to the chair of the meeting written authorisation from proxy-holder’s principal sufficient to show the proxy-holder was entitled so to sign the proxy.

• (3) This Rule applies also to any person acting as chair of a meeting and using proxies in that capacity in accordance with Rule 74(3); and in the application of this Rule to any such person, the proxy-holder is deemed an associate of that person.

Representation of corporations

78

• (1) Where a person is authorised under section 323 of the Companies Act (representation of corporations at meetings)[^f00021] to represent a corporation at a meeting of creditors or of the company, that person shall produce to the chair of the meeting a copy of the resolution from which that person derives authority

• (2) The copy resolution must be executed in accordance with the provisions of section 48(3) of the Companies Act (execution of documents by companies)[^f00022], or certified by the secretary or a director of the corporation to be a true copy.

• (3) Nothing in this Rule requires the authority of a person to sign a proxy on behalf of a principal which is a corporation to be in the form of a resolution of that corporation.

PART 11 — Giving of Notice

Application

79

• (1) Subject to paragraph (2), this Part applies where a notice or other document is required or authorised to be given, delivered or sent under the 1986 Act or these Rules.

• (2) This Chapter does not apply to the service of—

• (a) the lodging of any petition or application or other document with the court;

• (b) the service of any application or other document lodged with the court;

• (c) the service of any order of the court; or

• (d) the submission of documents to the registrar of companies.

Personal delivery of documents

80

Personal delivery of a notice or other document is permissible in any case.

Sending by post

81

• (1) Unless in any particular case some other form of delivery is required by the 1986 Act, these Rules or an order of the court, a notice or other document may be sent by post, and subject to the following provisions of this Rule, any form of post may be used.

• (2) For a notice or other document to be properly sent by post, it must be contained in an envelope addressed to the person to whom it is to be sent, and pre-paid for either first or second class post.

• (3) Any notice or other document to be sent by post may be sent to the last known address of the person to whom the document is to be sent.

• (4) Where first class post is used, the document is to be deemed to be received on the second business day after the date of posting, unless the contrary is shown.

• (5) Where second class post is used, the document is to be deemed to be received on the fourth business day after the date of posting unless the contrary is shown.

Notice by and to representatives

82

Where under the 1986 Act or these Rules a notice or other document is required or authorised to be given, sent or delivered by a person (“the sender”) to another (“the recipient”), it may be given, sent or delivered by any person duly authorised by the sender to do so to any person duly authorised by the recipient to receive or accept it.

Notice to joint postal administrators

83

Where two or more persons are acting jointly as the postal administrator in relation to a postal administration, delivery of a document to one of them is to be treated as delivery to them all.

The form of notices and other documents

84

Subject to any order of the court, any notice or other document required to be given, delivered or sent must be in writing and where electronic delivery is permitted a notice or other document in electronic form is treated as being in writing if a copy of it is capable of being produced in legible form.

Certificate of giving notice etc

85

• (1) Where in any proceedings a notice or other document is required to be given, delivered or sent by the postal administrator, the date of giving, sending or delivering it may be proved by means of a certificate signed by the postal administrator or on the postal administrator’s behalf by the postal administrator’s solicitor, or a partner or employee of either of them, that the notice or other document was duly given, posted or otherwise sent, or delivered, on the date stated in the certificate.

• (2) In the case of a notice or other document to be given, delivered or sent by a person other than the postal administrator, the giving delivering or sending of it may be proved by means of a certificate by that person—

• (a) that the notice or document was given, delivered or sent by that person; or

• (b) that another person (named in the certificate) was instructed to give, deliver or send it.

• (3) A certificate under this Rule may be endorsed on a copy of the notice or document to which it relates.

• (4) A certificate purporting to be signed by or on behalf of the postal administrator, or by the person mentioned in paragraph (2), shall be deemed unless the contrary is shown, to be sufficient evidence of the matters stated in the certificate.

Electronic delivery in postal administration proceedings – general

86

• (1) Unless in any particular case some other form of delivery is required by the 1986 Act, these Rules or an order of the court and subject to paragraph (3), a notice or other document may be given, delivered or sent by electronic means provided that the intended recipient of the notice or other document has—

• (a) consented (whether in the specific case or generally) to electronic delivery (and has not revoked that consent); and

• (b) provided an electronic address for delivery.

• (2) Where a postal administrator gives, sends or delivers a notice or other document to any person by electronic means, it must contain or be accompanied by a statement that the recipient may request a hard copy of the notice or document, and specify a telephone number, e-mail address and postal address which may be used to make such a request.

• (3) Where a hard copy of the notice or other document is requested, it must be sent within 5 business days of receipt of the request by the postal administrator, who may not make a charge for sending it in that form.

• (4) In the absence of evidence to the contrary, a notice or other document is presumed to have been delivered where—

• (a) the sender can produce a copy of the electronic message which—

• (i) contained the notice or other document, or to which the notice or other document was attached; and

• (ii) shows the time and date the message was sent; and

• (b) that electronic message contains the address supplied under paragraph (1)(b).

• (5) A message sent electronically is deemed to have been delivered to the recipient no later than 9.00am on the next business day after it was sent.

Use of websites by postal administrator

87

• (1) This Rule applies for the purposes of section 246B of the 1986 Act (use of websites)[^f00023].

• (2) A postal administrator required to give, deliver or send a document to any person may (other than in a case where personal service is required) satisfy that requirement by sending that person a notice—

• (a) stating that the document is available for viewing and downloading on a website;

• (b) specifying the address of that website together with any password necessary to view and download the document from that site; and

• (c) containing a statement that the person to whom the notice is given, delivered or sent may request a hard copy of the document and specifying a telephone number, e-mail address and postal address which may be used to request a hard copy.

• (3) Where a notice to which this Rule applies is sent, the document to which it relates must—

• (a) be available on the website for a period of not less than 3 months after the date on which the notice is sent; and

• (b) must be in such a format as to enable it to be downloaded from the website within a reasonable time of an electronic request being made for it to be downloaded.

• (4) Where a hard copy of the document is requested it must be sent within 5 business days of the receipt of the request by the postal administrator, who may not make a charge for sending it in that form.

• (5) Where a document is given, delivered or sent to a person by means of a website in accordance with this Rule, it is deemed to have been delivered—

• (a) when the document was first made available on the website; or

• (b) if later, when the notice under paragraph (2) was delivered to that person.

Special provision on account of expense as to website use

88

• (1) Where the court is satisfied that the expense of sending notices in accordance with Rule 86 would, on account of the number of persons entitled to receive them, be disproportionate to the benefit of sending notice in accordance with that Rule, it may order that the requirement to give, deliver or send a relevant document to any person may (other than in a case where personal service is required) be satisfied by the postal administrator sending each of those persons a notice—

• (a) stating that all relevant documents will be made available for viewing and downloading on a website;

• (b) specifying the address of that website together with any password necessary to view and download a relevant document from that site; and

• (c) containing a statement that the person to whom the notice is given, delivered or sent may at any time request that hard copies of all, or specific, relevant documents are sent to that person, and specifying a telephone number, e-mail address and postal address which may be used to make that request.

• (2) A document to which this Rule relates must—

• (a) be available on the website for a period of not less than 12 months from the date when it was first made available on the website or, if later, from the date upon which the notice was sent; and

• (b) must be in such a format as to enable it to be downloaded from the website within a reasonable time of an electronic request being made for it to be downloaded.

• (3) Where hard copies of relevant documents have been requested, they must be sent by the postal administrator—

• (a) within 5 business days of the receipt of the postal administrator of the request to be sent hard copies, in the case of relevant documents first appearing on the website before the request was received; or

• (b) within 5 business days from the date a relevant document first appears on the website, in all other cases.

• (4) A postal administrator must not require a person making a request under paragraph (3) to pay a fee for the supply of the document.

• (5) Where a relevant document is given, delivered or sent to a person by means of a website in accordance with this Rule, it is deemed to have been delivered—

• (a) when the relevant document was first made available on the website; or

• (b) if later, when the notice under paragraph (1) was delivered to that person.

• (6) In this Rule a relevant document means any document which the postal administrator is first required to give, deliver or send to any person after the court has made an order under paragraph (1).

PART 12 — General Provisions

Validity of proceedings

89

Where in accordance with the 1986 Act or these Rules a meeting of creditors or other persons is summoned by notice, the meeting is presumed to have been duly summoned and held, notwithstanding that not all those to whom the notice is to be given have received it.

Evidence of proceedings at meetings

90

A report of proceedings at a meeting of the company or of the creditors in a postal administration, signed by the chair of that meeting, shall be deemed, unless the contrary is shown, to be sufficient evidence of the matters contained in that report.

Right to list of creditors and copy documents

91

• (1) Subject to Rule 92, in any postal administration proceedings, a creditor who has the right to inspect documents also has the right to require the postal administrator to furnish the creditor with a list of the company’s creditors and the amounts of their respective debts.

• (2) Where the postal administrator is requested by the Secretary of State, OFCOM, a creditor or member to supply a copy of any document, the postal administrator is entitled to require payment of the appropriate fee in respect of the supply of that copy.

• (3) Subject to Rule 92, where a person has the right to inspect documents, the right includes that of taking copies of those documents, on payment of the appropriate fee.

• (4) In this Rule, the appropriate fee means 15 pence per A4 or A5 page and 30 pence per A3 page.

Confidentiality of documents

92

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

• (a) that it should be treated as confidential; or

• (b) that it is of such nature that its disclosure would be calculated to be injurious to the interest of the creditors or the members,

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 refuses inspection of a document, the person who made that request may apply to the court for an order to overrule the refusal and the court may either overrule it altogether, or sustain it, either unconditionally or subject to such conditions, if any, as it thinks fit to impose.

• (3) Nothing in this Rule entitles the postal administrator to decline to allow inspection of any claim or proxy.

Postal administrator’s caution

93

• (1) Wherever under these Rules any person has to appoint a person to the office of postal administrator, the person making the appointment must be satisfied that the person appointed or to be appointed has caution for the proper performance of that person’s functions.

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

Punishment of offences

94

Section 431 (summary proceedings) of the 1986 Act[^f00024], as it applies to Scotland, has effect in relation to offences under these Rules as to offences under the 1986 Act.

Forms for use in postal administration proceedings

95

• (1) The forms contained in the Schedule to these Rules shall be used in, and in connection with, postal administration proceedings.

• (2) The forms shall be used with such variations, if any, as the circumstances may require.

Electronic submission of information instead of submission of forms to the Secretary of State, postal administrators and of copies to the registrar of companies

96

• (1) This Rule applies in any case where information in a prescribed form is required by these Rules to be sent by any person to the Secretary of State or the postal administrator, or a copy of a prescribed form is to be sent to the registrar of companies.

• (2) A requirement of the kind mentioned in paragraph (1) is treated as having been satisfied where—

• (a) the information is submitted electronically with the agreement of the person to whom the information is sent;

• (b) the form in which the electronic submission is made satisfies the requirements of the person to whom the information is sent (which may include a requirement that the information supplied can be reproduced in the format of the prescribed form);

• (c) all the information required to be given in the prescribed form is provided in the electronic submission; and

• (d) the person to whom the information is sent can provide in legible form the information so submitted.

• (3) Where information in a prescribed form is permitted to be sent electronically under paragraph (2), any requirement in the prescribed form that the prescribed form be accompanied by a signature is taken to be satisfied—

• (a) if the identity of the person who is supplying the information in the prescribed form and whose signature is required is confirmed in a manner specified by the recipient; or

• (b) where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the person who is providing the information in the prescribed form, and the recipient has no reason to doubt the truth of that statement.

• (4) Where information required in a prescribed form has been supplied to a person, whether or not it has been supplied electronically in accordance with paragraph (2), and a copy of that information is required to be supplied to another person falling within paragraph (1), the requirements contained in paragraph (2) apply in respect of the supply of the copy to that other person, as they apply in respect of the original.

Electronic submission of information instead of submission of forms in all other cases

97

• (1) Subject to paragraph (4), this Rule applies in any case where Rule 95 does not apply, where information in a prescribed form is required by these Rules to be sent by any person.

• (2) A requirement of the kind mentioned in paragraph (1) is treated as having been satisfied where—

• (a) the person to whom the information is sent has agreed—

• (i) to receiving the information electronically and to the form in which it is to be sent; and

• (ii) to the specified manner in which paragraph (3) is to be satisfied;

• (b) all the information required to be given in the prescribed form is provided in the electronic submission; and

• (c) the person to whom the information is sent can provide in legible form the information so submitted.

• (3) Any requirement in a prescribed form that it be accompanied by a signature is taken to be satisfied if the identity of the person who is supplying the information and whose signature is required, is confirmed in the specified manner.

• (4) Where information required in prescribed form has been supplied to a person, whether or not it has been supplied electronically in accordance with paragraph (2), and a copy of that information is required to be supplied to another person falling within paragraph (1), the requirements contained in paragraph (2) apply in respect of the supply of the copy to that other person, as they apply in respect of the original.

Contents of notices to be published in the Edinburgh Gazette under the 1986 Act or these Rules

98

• (1) Where under the 1986 Act or these Rules a notice must be published in the Edinburgh Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Rule.

• (2) All notices published must specify insofar as it is applicable in relation to the particular notice—

• (a) the name and postal address of the postal administrator acting in the proceedings;

• (b) the capacity in which the postal administrator is acting and the date of appointment;

• (c) either an e-mail address, or a telephone number, through which the postal administrator may by contacted;

• (d) the name of any person other than the postal administrator (if any) who may be contacted regarding the proceedings;

• (e) the number assigned to the postal administrator by the Secretary of State;

• (f) the court name and any number assigned to the proceedings by the court;

• (g) the registered name of the company;

• (h) the registered number of the company;

• (i) the registered office of the company, or if an unregistered company, the postal address of its principal place of business;

• (j) any principal trading address of the company if this is different from its registered office;

• (k) any name under which the company was registered in the 12 months prior to the date of the commencement of the proceedings which are the subject of the Gazette notice; and

• (l) any name or style (other than the company’s registered name) under which—

• (i) the company carried on business; and

• (ii) any debt owed to a creditor was incurred.

Notices otherwise advertised under the 1986 Act or these Rules

99

• (1) Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the Edinburgh Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Rule.

• (2) All notices published must specify insofar as it is applicable in relation to the particular notice—

• (a) the name and postal address of the postal administrator acting in the proceedings to which the notice relates;

• (b) either an e-mail address, or a telephone number, through which the postal administrator may be contacted;

• (c) the registered name of the company;

• (d) the registered number of the company;

• (e) any name under which the company was registered in the 12 months prior to the date of the commencement of the proceedings which are the subject of the notice; and

• (f) any name or style (other than the company’s registered name) under which—

• (i) the company carried on business; and

• (ii) any debt owed to a creditor was incurred.

Notices otherwise advertised – other additional provisions

100

The information required to be contained in a notice to which Rule 98 applies must be included in the advertisement of that notice in a manner that is reasonably likely to ensure, in relation to the form of the advertising used, that a person reading, hearing or seeing the advertisement, will be able to read, hear or see that information.

Omission of unobtainable information

101

Information required under Rules 98 and 99 to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

Fees, expenses, etc.

102

• (1) All fees, costs, charges and other expenses incurred in the course of the postal administration are to be regarded as expenses of the postal administration.

• (2) The expenses associated with the prescribed part shall be paid out of the prescribed part.

Power of court to cure defects in procedure

103

• (1) The court may, on the application of any person having an interest—

• (a) if there has been a failure to comply with any requirement of the 1986 Act, the 2011 Act or these Rules, make an order waiving any such failure and, so far as practicable, restoring any person prejudiced by the failure to the position that person would have been in but for the failure;

• (b) if for any reason anything required or authorised to be done in, or in connection with, the postal administration proceedings cannot be done, make such order as may be necessary to enable that thing to be done.

• (2) The court, in an order under paragraph (1), may impose such conditions, including conditions as to expenses, as it thinks fit and may—

• (a) authorise or dispense with the performance of any act in the postal administration proceedings;

• (b) extend or waive any time limit specified in the 1986 Act, the 2011 Act or these Rules.

• (3) An application under paragraph (1)—

• (a) may at any time be remitted by the sheriff to the Court of Session, of the sheriff’s own accord or on an application by any person having an interest;

• (b) shall be so remitted, if the Court of Session so directs on an application by any such person,

if the sheriff or the Court of Session, as the case may be, considers that the remit is desirable because of the importance or complexity of the matters raised by the application.

• (4) The postal administrator shall record in the sederunt book the decision of the court.

Sederunt book

104

• (1) The postal administrator shall maintain a sederunt book during the postal administrator’s term of office for the purpose of providing an accurate record of the postal administration.

• (2) Without prejudice to the generality of the above paragraph, there shall be inserted in the sederunt book a copy of anything required to be recorded in it by any provision of the 1986 Act or of these Rules.

• (3) The postal administrator shall make the sederunt book available for inspection at all reasonable hours by any interested person.

• (4) Any entry in the sederunt book shall be sufficient evidence of the facts stated in the sederunt book, except where it is founded on by the postal administrator in the postal administrator’s own interest.

• (5) Without prejudice to paragraph (3), the postal administrator shall retain, or shall make arrangements for retention of, the sederunt book for a period of ten years from the date on which the postal administration ends.

• (6) Where the sederunt book is maintained in non-documentary form it shall be capable of reproduction in legible form.

Disposal of company’s books, papers and other records

105

• (1) Where a company has been the subject of postal administration proceedings (“the original proceedings”) which have terminated and other insolvency proceedings (“the subsequent proceedings”) have commenced in relation to that company, the postal administrator appointed in relation to the original proceedings, shall, before the expiry of the later of—

• (a) the period of 30 days following a request to the postal administrator to do so by the responsible insolvency practitioner appointed in relation to the subsequent proceedings; or

• (b) the period of 6 months after the company entered postal administration,

deliver to the responsible insolvency practitioner appointed in relation to the subsequent proceedings the books, papers and other records of the company.

• (2) The postal administrator shall dispose of the books, papers and records of the company in accordance with the directions of the court or, if by the date which is 12 months after dissolution of the company no such directions have been given, the postal administrator may do so after that date in such a way as the postal administrator deems appropriate.

• (3) The postal administrator or former postal administrator shall within 14 days of a request by the Secretary of State give the Secretary of State particulars of any money in the postal administrator’s hands or under the postal administrator’s control representing unclaimed or undistributed assets of the company or dividends or other sums due to any person as a member or former member of the company.

Information about time spent on a case

106

• (1) Subject as set out in this Rule, the postal administrator shall on request in writing made by any person mentioned in paragraph (2), supply free of charge to that person a statement of the kind described in paragraph (3).

• (2) The persons referred to in paragraph (1) are—

• (a) any creditor or member of the company; and

• (b) any director of the company.

• (3) The statement referred to in paragraph (1) shall comprise in relation to the period beginning with the date of the postal administrator’s appointment and ending with the relevant date the following details—

• (a) the total number of hours spent on the case by the postal administrator and any staff assigned to the case during that period;

• (b) for each grade of individual so engaged, the average hourly rate at which any work carried out by individuals in that grade is charged; and

• (c) the number of hours spent by each grade of staff during that period.

• (4) In relation to paragraph (3) the “relevant date” means the date next before the date of the making of the request on which the postal administrator has completed any period in office which is a multiple of six months or, where the postal administrator has vacated office, the date that the postal administrator vacated office.

• (5) Where the postal administrator has vacated office, an obligation to provide information under this Rule shall only arise in relation to a request that is made within 2 years of the date on which the postal administrator vacated office.

• (6) Any statement required to be provided to any person under this Rule shall be supplied within 28 days of the date of the receipt of the request by the postal administrator.

SCHEDULE — Forms

Signed

Margot James — Minister for Small Business, Consumers, and Corporate Responsibility — Department for Business, Energy and Industrial Strategy — 8th September 2016

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

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

The framework for the postal administration regime is set out in Part 4 of the 2011 Act.

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 Act 1986 (c.45), subject to modifications specified in Schedule 10 to the 2011 Act.

These Rules are based upon the provisions of the existing Insolvency (Scotland) Rules 1986 (S.I. 1986/1915) but are a stand-alone set of rules applicable only to postal administration proceedings. These Rules apply to universal service providers which the courts in Scotland have jurisdiction to wind up. There are separate Rules (The Postal Administration Rules 2013 – S.I. 2013/3208) which apply to universal service providers which the courts in England and Wales have jurisdiction to wind up.

Part 1 of these Rules contains the interpretation and application provisions. Rule 4 provides that these Rules must be reviewed by 1st October 2021.

Part 2 sets out the procedure to be followed in relation to proceedings for the appointment of a postal administrator and on whom such proceedings must be served.

Part 3 details the initial steps to be taken in postal administration proceedings. These include the notification and advertisement of the postal administrator’s appointment and the preparation of a statement of the company’s affairs. Part 3 also sets out the information that must be given to creditors in the postal administrator’s proposals.

Part 4 governs the conduct of creditors and company meetings called by a postal administrator during postal administration proceedings. Part 4 also deals with the provision of progress reports relating to the administration and applications by the administrator to dispose of secured property.

Part 5 makes provision in respect of claims in the postal administration and how they are to be established and quantified, as well as the voting rights that flow from claims which are accepted. It also provides for a criminal offence in respect of false claims by creditors.

Part 6 concerns distributions to creditors of the company and the expenses of the postal administration. It sets out the order of priority in any distribution and the mechanism for calculating the outlays and remuneration of the postal administrator.

Part 7 sets out the arrangements for ending a postal administration. There are specific provisions detailing the ending of a postal administration by court order, as well as the process by which a company administration moves into either a creditors’ voluntary liquidation or dissolution of the company.

Part 8 deals with the requirements and procedures for replacing a postal administrator and includes provisions relating to the resignation of a postal administrator and the removal of a postal administrator from office by court order.

Part 9 makes provision in respect of the share of the assets of the company for unsecured creditors (the prescribed part).

Part 10 makes provision for the use of proxies at creditors’ or members’ meetings held during a postal administration, including the rights of inspection of such proxies and the procedure to be followed where a proxy-holder has a financial interest in the outcome of a resolution to be voted on at the meeting.

Part 11 deals with the rules relating to the giving of notices in relation to the postal administration. It includes provisions relating to electronic delivery and the use of websites by the postal administrator.

Part 12 deals with miscellaneous provisions, including the postal administrator’s caution, electronic submission of forms, content of notices and provides the court with power to cure defects in procedure.

The Schedule to the Rules contains the forms that are to be used in postal operator administration proceedings. The forms in this Schedule are based upon the forms contained in the Insolvency (Scotland) Rules 1986 which deal with ordinary administration, but have been modified for the purposes of postal administration.

A full impact assessment has not been produced for this instrument. An Impact Assessment for the 2011 Act is available on website of the Department for Business, Innovation and Skills - https://www.gov.uk/government/publications/postal-services-bill-2010-impact-assessment.

Footnotes

[^f00001]: 1986 c.45. Section 411 has been amended on a number of occasions, but those amendments are not relevant for present purposes. Relevant amendments to the Act are, where appropriate, set out in the footnotes below.

[^f00002]: 2011 c.5.

[^f00003]: 2006 c.46.

[^f00004]: S.I. 1986/1915, as amended by S.I. 1987/1921, 1999/1820, 2001/4040, 2002/2709. 2003/2108, 2003/2109, 2003/2111, 2006/734, 2006/735, 2008/393, 2008/662, 2009/662, 2009/2375, 2010/688 and 2014/114.

[^f00005]: Section 176A was inserted by the Enterprise Act 2002 (c.40), section 252.

[^f00006]: Schedule B1 was inserted by the Enterprise Act 2002 (c.40), Schedule 16.

[^f00007]: Section 124A was inserted by the Companies Act 1989 (c.40), section 60(3). It was amended by the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27), Schedule 2, paragraph 27 and S.I. 2001/3649, Article 305.

[^f00008]: Section 235 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 24.

[^f00009]: Section 176A was inserted by the Enterprise Act 2002 (c. 40), section 252.

[^f00010]: Paragraph 62 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9(1), paragraph 10(23) (not yet in force).

[^f00011]: Section 323 was amended by S.I. 2009/1632, regulation 6.

[^f00012]: Paragraph 58 is repealed by the Small Business, Enterprise and Employment Act 2015, Schedule 9(1), paragraph 10(22) (not yet in force).

[^f00013]: Paragraph 51 is amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9(1), paragraph 10(5) (not yet in force).

[^f00014]: Section 246A was inserted by S.I. 2010/18, Article 3 and amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9(1), paragraph 54(4) (not yet in force).

[^f00015]: Section 176A was inserted by the Enterprise Act 2002 (c.40), section 252.

[^f00016]: 1838 c.110, as amended by S.I. 1998/2940, Article 3.

[^f00017]: Section 386 was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 18 and by the Enterprise Act 2002 (c.40), section 251(3); there are other amending instruments but none is relevant.

[^f00018]: Section 242 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 28.

[^f00019]: Paragraph 83 was amended by the Enterprise Act 2002, Schedule 16, paragraph 1 and the Small Business, Enterprise and Employment Act 2015 (c.26), section 128(3) and Schedule 9(1), paragraph 10(31) and (32) (not yet in force).

[^f00020]: Section 176A was inserted by the Enterprise Act 2002 (c.40), section 252.

[^f00021]: Section 323 was amended by S.I. 2009/1632 Regulation 6.

[^f00022]: Section 48(3) was amended by the Land Registration (Scotland) Act 2012 (asp 5), Schedule 5, paragraph 50(2)

[^f00023]: Section 246B was inserted by S.I. 2010/18, Article 3.

[^f00024]: Section 431 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 61.

Editorial notes

[^key-4eb85359d411511dd37ad25748b49086]: Rule 1 in force at 1.10.2016, see rule 1

[^key-fd0b52e5417bbe1e2b5d591f9e501c5c]: Rule 2 in force at 1.10.2016, see rule 1

[^key-43c446077e88e22dd1c67b633ff30350]: Rule 3 in force at 1.10.2016, see rule 1

[^key-3ab71ce6915e08bf2f12f0a0cb3222b4]: Rule 4 in force at 1.10.2016, see rule 1

[^key-51230c16e9f5b5d075889a98f3ffb806]: Rule 5 in force at 1.10.2016, see rule 1

[^key-e9c506056a65dd164e05f1ca71ae4594]: Rule 6 in force at 1.10.2016, see rule 1

[^key-1c46279e797cf2e753cffd898a15d338]: Rule 7 in force at 1.10.2016, see rule 1

[^key-cb902f3533dab58cf5e8faab4797bb24]: Rule 8 in force at 1.10.2016, see rule 1

[^key-fcbb734e53aa3b218ec177bd6df14dad]: Rule 9 in force at 1.10.2016, see rule 1

[^key-a2b5d72bc8389ff4082ebd40d9bd99af]: Rule 10 in force at 1.10.2016, see rule 1

[^key-c57898643cff793ed07f457382b914f4]: Rule 11 in force at 1.10.2016, see rule 1

[^key-67924e7b566002a1c201bad8df7c2f42]: Rule 12 in force at 1.10.2016, see rule 1

[^key-b44d14336ebb6304d876995e70ce5f16]: Rule 13 in force at 1.10.2016, see rule 1

[^key-3591e764f978f915eb2db8b59e96527b]: Rule 14 in force at 1.10.2016, see rule 1

[^key-bee281a7a13ed08044b6db5d25adb501]: Rule 15 in force at 1.10.2016, see rule 1

[^key-446e99d59b01ac9631d51f7d5a90c032]: Rule 16 in force at 1.10.2016, see rule 1

[^key-c6e0199fcda344cc2f052eca212ac12c]: Rule 17 in force at 1.10.2016, see rule 1

[^key-6dcfd638bc46318a5300790216b7b5ab]: Rule 18 in force at 1.10.2016, see rule 1

[^key-b152c5a54f8fd56a422b48323ad05902]: Rule 19 in force at 1.10.2016, see rule 1

[^key-7336afdbf070c06798d360f2cfc7fb69]: Rule 20 in force at 1.10.2016, see rule 1

[^key-5fa94ab83f2c5799bbf9d7823c2d6213]: Rule 21 in force at 1.10.2016, see rule 1

[^key-6be9d6edb555c8dbfb9eec223e99c062]: Rule 22 in force at 1.10.2016, see rule 1

[^key-56df40db3c870d717adbf19f3b5e4e78]: Rule 23 in force at 1.10.2016, see rule 1

[^key-36671f9fd105d8acc073a230a7daf1c7]: Rule 24 in force at 1.10.2016, see rule 1

[^key-981541c93dae6723da130d20013b93b0]: Rule 25 in force at 1.10.2016, see rule 1

[^key-bda6ebf9b212b51391845558c3dee301]: Rule 26 in force at 1.10.2016, see rule 1

[^key-736d239aa99cab0b2085b7b1a1168527]: Rule 27 in force at 1.10.2016, see rule 1

[^key-3a3a9cbc668648356c602671be3c414b]: Rule 28 in force at 1.10.2016, see rule 1

[^key-3dadce49a1ab5df7bcf7b6e08f635ed5]: Rule 29 in force at 1.10.2016, see rule 1

[^key-a47182e50fd577ae3b90d2811a2e26fa]: Rule 30 in force at 1.10.2016, see rule 1

[^key-0c6fe2616abab62be4a0e4510d5614a1]: Rule 31 in force at 1.10.2016, see rule 1

[^key-c1ad5f8b150aed3c2445282dd2a07a82]: Rule 32 in force at 1.10.2016, see rule 1

[^key-85eaa83e1e68a05d83c52746a571e911]: Rule 33 in force at 1.10.2016, see rule 1

[^key-d0d0a8182877bca8620e39b4c573a551]: Rule 34 in force at 1.10.2016, see rule 1

[^key-8cf3c975c2a9f665d1d663ec696f3a9a]: Rule 35 in force at 1.10.2016, see rule 1

[^key-495cc0b3a0b2b9a8ca1eb8cb68164903]: Rule 36 in force at 1.10.2016, see rule 1

[^key-ac86b36369146a4172f2c3abce551828]: Rule 37 in force at 1.10.2016, see rule 1

[^key-da0968f6d014fa678464b80d5dc7e121]: Rule 38 in force at 1.10.2016, see rule 1

[^key-c7ac4519878d7c6eac4893b9c029b07c]: Rule 39 in force at 1.10.2016, see rule 1

[^key-08ecbb2232be8e6d37e9e4b8a949e77e]: Rule 40 in force at 1.10.2016, see rule 1

[^key-6b658b7a625de86d4048ec45154a3886]: Rule 41 in force at 1.10.2016, see rule 1

[^key-6b8814394b1548111d9f0e7d037eae85]: Rule 42 in force at 1.10.2016, see rule 1

[^key-14c31f04bd13083bfa9c10707f332b5a]: Rule 43 in force at 1.10.2016, see rule 1

[^key-c409d3e068c45af7a6a1ed2a3d5be423]: Rule 44 in force at 1.10.2016, see rule 1

[^key-8d10cbb60336140ad2c38af6508f0200]: Rule 45 in force at 1.10.2016, see rule 1

[^key-c14c392182bf70a1850babd201045bf5]: Rule 46 in force at 1.10.2016, see rule 1

[^key-f87056afe1bf2be8e52e8087c7f44576]: Rule 47 in force at 1.10.2016, see rule 1

[^key-92b10eebba5104707a8703c7b5c8fc04]: Rule 48 in force at 1.10.2016, see rule 1

[^key-fd19acb97d8c7f6f5a57befa1a67de19]: Rule 49 in force at 1.10.2016, see rule 1

[^key-8ce1d6dcfbc4636270b13c50cba0f7ca]: Rule 50 in force at 1.10.2016, see rule 1

[^key-b29b9bfdafb5547442a90acfcc652573]: Rule 51 in force at 1.10.2016, see rule 1

[^key-ea1f5cb39ba1e9770ae3a5a376ea6fb2]: Rule 52 in force at 1.10.2016, see rule 1

[^key-d874b87021b7ce4c309a1a5895bd28bc]: Rule 53 in force at 1.10.2016, see rule 1

[^key-ae9f056f442b418d8704353ce6c3c680]: Rule 54 in force at 1.10.2016, see rule 1

[^key-d49d11ccda30c6655d99dd47dc934f1c]: Rule 55 in force at 1.10.2016, see rule 1

[^key-bf3f5b9c7a93d7c55af579ba23ad16c7]: Rule 56 in force at 1.10.2016, see rule 1

[^key-36bc4ab3dbb9c77bba96e178a02f7f29]: Rule 57 in force at 1.10.2016, see rule 1

[^key-13b902acb83957dc79bd78e2e090c928]: Rule 58 in force at 1.10.2016, see rule 1

[^key-72e8cc9c3e6c1dfc802cf4ff0edc783e]: Rule 59 in force at 1.10.2016, see rule 1

[^key-fce433145669921bcd7f0264ae06cd89]: Rule 60 in force at 1.10.2016, see rule 1

[^key-671aa2e87c2ed8b47ee7556d146bd439]: Rule 61 in force at 1.10.2016, see rule 1

[^key-8add3377a3756c58cde9a6e501d7bd4f]: Rule 62 in force at 1.10.2016, see rule 1

[^key-afbcc327e287f2f68c6d124d41dff8db]: Rule 63 in force at 1.10.2016, see rule 1

[^key-87965d132468db9f81968533741db14e]: Rule 64 in force at 1.10.2016, see rule 1

[^key-452a0f325c1c5fab1ca772b133f86fff]: Rule 65 in force at 1.10.2016, see rule 1

[^key-d28899628dc0fdd4f1f20b54ce1a25bf]: Rule 66 in force at 1.10.2016, see rule 1

[^key-06418859c675d8f30dbe633ced298dc4]: Rule 67 in force at 1.10.2016, see rule 1

[^key-60078f977ca6514d5b54ed0e74b638d5]: Rule 68 in force at 1.10.2016, see rule 1

[^key-0217636134f7987060e62db363c70048]: Rule 69 in force at 1.10.2016, see rule 1

[^key-61bec0cde98f414676c1bbfbf597ec25]: Rule 70 in force at 1.10.2016, see rule 1

[^key-df3e964b0da7cde8ac0f55e07b2ebcf6]: Rule 71 in force at 1.10.2016, see rule 1

[^key-6ca9b54f991a11259619fe58e1731925]: Rule 72 in force at 1.10.2016, see rule 1

[^key-9ed99888f7a7b2ccca92682f3d2fd7e7]: Rule 73 in force at 1.10.2016, see rule 1

[^key-76e91dedbcf93b0a1095ecacb071d1f3]: Rule 74 in force at 1.10.2016, see rule 1

[^key-fce70c53c9f2cf09bcbdff7d6248c918]: Rule 75 in force at 1.10.2016, see rule 1

[^key-7b8e6d835657eb8119adf89037c9718f]: Rule 76 in force at 1.10.2016, see rule 1

[^key-0b3e22874f14c69ff310d05ed4b0de03]: Rule 77 in force at 1.10.2016, see rule 1

[^key-679c9d1ff46632534092a48bf265213e]: Rule 78 in force at 1.10.2016, see rule 1

[^key-742bef6cebfd1cde8089b6d7b41151d1]: Rule 79 in force at 1.10.2016, see rule 1

[^key-c9a28d3d4efd1051992a13f19c1f8c47]: Rule 80 in force at 1.10.2016, see rule 1

[^key-b949ae97c503c031a0ff5e28672e92fe]: Rule 81 in force at 1.10.2016, see rule 1

[^key-4fb65199fa376bc532e35582056c5aa6]: Rule 82 in force at 1.10.2016, see rule 1

[^key-c2a810d2f886536778fbfe6c31516f11]: Rule 83 in force at 1.10.2016, see rule 1

[^key-0d7b461644ca44d41222d4c46943862d]: Rule 84 in force at 1.10.2016, see rule 1

[^key-9ca61a63d2a2eab5df4b1cd891715ced]: Rule 85 in force at 1.10.2016, see rule 1

[^key-c413b8cef970d8ceb1ff8aa1ec3f6023]: Rule 86 in force at 1.10.2016, see rule 1

[^key-4382d74f6509c1c6b604124e3e0751e1]: Rule 87 in force at 1.10.2016, see rule 1

[^key-3a6a1230a0102e584e0776e89f7990be]: Rule 88 in force at 1.10.2016, see rule 1

[^key-a858b285f6c659eee46ca48f17d03f1b]: Rule 89 in force at 1.10.2016, see rule 1

[^key-ecc450af16d83924160e0984575266a7]: Rule 90 in force at 1.10.2016, see rule 1

[^key-0756a9db7ea0d403ca711f2b10f45c8f]: Rule 91 in force at 1.10.2016, see rule 1

[^key-c51ed0d4f1ba8e7df629e15abf2b106e]: Rule 92 in force at 1.10.2016, see rule 1

[^key-b1d436937dfaad5faef3f865e2e957db]: Rule 93 in force at 1.10.2016, see rule 1

[^key-8f0b1e548fd427c4ab09d4abfe1ce300]: Rule 94 in force at 1.10.2016, see rule 1

[^key-0def04a14514c9a1cf0df855546d4147]: Rule 95 in force at 1.10.2016, see rule 1

[^key-1af2a28f1dd8cbacc810cd5370137d9b]: Rule 96 in force at 1.10.2016, see rule 1

[^key-44f9cfa8af1b5579391c5d09b748883e]: Rule 97 in force at 1.10.2016, see rule 1

[^key-2aa3b84585749e6f3b4f720c1405b103]: Rule 98 in force at 1.10.2016, see rule 1

[^key-db659eb1bf232125e54c3d004a16b570]: Rule 99 in force at 1.10.2016, see rule 1

[^key-5a89bb22d6a549e0c0c94fbd3d23b428]: Rule 100 in force at 1.10.2016, see rule 1

[^key-3ccae311b3a3eb3f33f42ee3b5f06615]: Rule 101 in force at 1.10.2016, see rule 1

[^key-94d39dc11f885fa09d4d1f33f066ca1c]: Rule 102 in force at 1.10.2016, see rule 1

[^key-c75dde38196c291cd8a8400f505546ad]: Rule 103 in force at 1.10.2016, see rule 1

[^key-a259bf00c3a3b15766d545a63d511426]: Rule 104 in force at 1.10.2016, see rule 1

[^key-d65e20f11de7fb032737c3e8e01dfecc]: Rule 105 in force at 1.10.2016, see rule 1

[^key-30dc3e8e6f4dde7930157b5086ecbd32]: Rule 106 in force at 1.10.2016, see rule 1

[^key-24f68e0a6c5a462d17fe922cffc91fad]: Sch. in force at 1.10.2016, see rule 1

[^key-8f12b13bafff3e9d73b2c869ee166115]: Words in rule 2(1) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-e5dfb88cfa649c81dde196446de03b08]: Word in rule 4(2)(a) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(2)(a)

[^key-9a39f87d2cedaffa04102fbf68e25557]: Word in rule 4(2)(b) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(2)(b)

[^key-28ab2a1814f3833a30479e154fa36747]: Word in rule 4(2)(c) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(2)(c)

[^key-4547bad9a490b65965c05f4f2697a256]: Word in rule 5 heading substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(3)

[^key-3b70fec12261cc8bab1e1c216a3de2e8]: Words in rule 9 substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-c3dbe60f35f323b721ee429a2ebe7e1e]: Word in rule 10(3)(i) omitted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(4)(a)

[^key-3bf2a8b2e90a4a8f5a6b2d18cc879bf1]: Word in rule 10(3)(j) omitted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(4)(b)

[^key-2065892b5ab88d4e5b718c3acd5fa1f4]: Words in rule 12 substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-002476ecbb5951d81f7c44cf642614fe]: Word in rule 16(3)(g) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(5)

[^key-1bbfcc09234c1a5dfff43efc5666a6ba]: Words in rule 16(3)(h) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-7219e8376134c7dfd03bc21502be639f]: Words in rule 16(4)(c) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-f15d325c482fc6a4efb37f391e08485c]: Words in rule 17(1) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-bc9cfdd3c2d620da1c6e080b96a2a5f1]: Words in rule 18(2) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-9a74661f3205703f9645bae80cb27acb]: Words in rule 19(1) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-25e3a0fae519601790b41e90ea2bb0f5]: Words in rule 19(3) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-b994dab3c8a5cc338cf55710aebe06a2]: Words in rule 19(6)(d) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-95a0bea0cc10520bfb79111de9c49c8d]: Word in rule 23 heading substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(6)

[^key-ba9caec5df11290f490124fa60036b65]: Words in rule 24(6) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-8e7c49d37eae4bc4db15eb66e590f5a8]: Words in rule 24(11) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-6eb389a5d0f3446641c5bc1c3625a61a]: Words in rule 26(1) substituted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-b5dec044cde6edebe57d07234279ebf8]: Words in rule 26(3) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-c7c9e9b84be110d2df44a8f2a50d80d8]: Words in rule 28(7)(b) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-77b89b820b24f622c70981b3e0f750ed]: Words in rule 29(1) substituted by virtue of (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-56714227cc94da79f38bbc499901b68d]: Words in rule 30(1) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-8a762cf1706d6cc75386934861492e7d]: Words in rule 34(1)(h) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

[^key-d03a92e815db3e3fa08338b1ecbff5ce]: Word in rule 35 heading substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(7)