Legalize / United Kingdom / Statutory-Instrument

The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023

Type Statutory-Instrument

Publication 2023-06-22

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5) There must be made in writing such record of the examination as the court thinks proper and such record must be read either to or by the respondent and authenticated by the respondent at a venue fixed by the court.

(6) The written record may, in any proceedings (whether under the 1986 Act or otherwise), be used as evidence against the respondent of any statement made by the respondent in the course of the respondent’s examination.

Record of examination

142

(1) Unless the court otherwise directs, the record of questions put to the respondent, the respondent’s answers, and any witness statement delivered to the court by the respondent in compliance with an order of the court under section 236 are not to be filed with the court.

(2) The documents listed in paragraph (3) are not open to inspection without the permission of the court, except by the nuclear administrator.

(3) The documents are as follows—

(a) the written record of the respondent’s examination;

(b) copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;

(d) any document on the court file that shows the grounds for the application for the order.

(4) The court may from time to time give directions as to the custody and inspection of any documents to which this rule applies, and as to the provision of copies of, or extracts from, such documents.

Cost of proceedings under section 236

143

(1) Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent.

(2) Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent.

(3) The nuclear administrator’s costs must, unless the court otherwise orders, be paid out of the assets of the relevant licensee nuclear company (subject to paragraphs (1) and (2)).

(4) A person summoned to attend for examination under this Part must be tendered a reasonable sum for travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion.

PART 13 — Provisions of General Effect

CHAPTER 1 — Delivery of Documents

Application

144

(1) This Chapter applies where a document is required under the 1986 Act or these Rules to be delivered, filed, forwarded, furnished, given, sent or submitted by any person unless the 1986 Act, a rule or an order of the court makes different provision including one requiring service of the document.

(2) But this Chapter does not apply to the delivery of documents to the registrar of companies.

Personal delivery of documents

145

A document is delivered if it is personally delivered in accordance with the rules for personal service in CPR Part 6[^f00054].

Delivery of documents by post (or document exchange)

146

A document is delivered if it is sent by post (or document exchange) in accordance with the rules for such service in CPR Part 6 and sending by such means has effect as specified in those rules.

Delivery of documents to authorised recipients

147

Where under the 1986 Act or these Rules a document is to be delivered to a person, it may be delivered instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.

Delivery of documents to joint nuclear administrators

148

Delivery of a document to one of joint nuclear administrators is to be treated as delivery to them all.

Electronic delivery of documents

149

(1) A document is delivered if it is sent by electronic means and each of the following conditions apply.

(2) The conditions are that the intended recipient of the document has—

(a) given actual or deemed consent for the electronic delivery of the document;

(b) not revoked that consent before the document is sent;

(3) Consent may relate to a specific case or generally.

(4) For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document by the nuclear administrator where the intended recipient and the relevant licensee nuclear company had customarily communicated with each other by electronic means before the proceedings commenced.

(5) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which—

(a) contains the document, and

(b) shows the time and date the communication was sent and the electronic address to which it was sent.

(6) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 a.m. on the next business day after it was sent.

Electronic delivery of documents to the court

150

(1) A document may not be delivered to a court by electronic means unless this is expressly permitted by the CPR, a practice direction, or these Rules.

(2) A document delivered by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction or these Rules provide.

Electronic delivery of notices to enforcement officers, etc.

151

Where anything in the 1986 Act or these Rules provides for the delivery of a notice to an enforcement officer or enforcement agent, it may be delivered by electronic means to a person who has been authorised to receive such a notice on behalf of a specified enforcement officer or specified enforcement agent or on behalf of enforcement officers or enforcement agents generally.

Electronic delivery by nuclear administrators

152

(1) Where a nuclear administrator delivers a document by electronic means, the document must contain, or be accompanied by, a statement that the recipient may request a hard copy of the document and a telephone number, email address and postal address that may be used to make that request.

(2) A nuclear administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

Use of website by nuclear administrator to deliver a particular document

153

(1) This rule applies for the purposes of section 246B of the 1986 Act[^f00055].

(2) A nuclear administrator who is required to deliver a document to any person may, except where personal delivery is required, satisfy that requirement by delivering a notice to that person which contains the following—

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

(b) the website’s address and any password necessary to view and download the document;

(c) a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request.

(3) A nuclear administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

(4) A document to which a notice under paragraph (2) relates must—

(a) remain available on the website until two months after the end of the relevant licensee nuclear company administration proceedings or the discharge of the last person to hold office as nuclear administrator in those proceedings;

(b) be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(5) A document which is delivered to a person by means of a website in accordance with this rule is deemed to have been delivered—

(a) when the document is first made available on the website, or

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

General use of website to deliver documents

154

(1) A nuclear administrator may deliver a notice to each person to whom a document will be required to be delivered in the relevant licensee nuclear company administration proceedings which contains the following—

(a) a statement that future documents in the proceedings (other than those mentioned in paragraph (2)) will be made available for viewing and downloading on a website without notice to the recipient and that the nuclear administrator will not be obliged to deliver any such documents to the recipient of the notice unless it is requested by that person;

(b) a telephone number, email address and postal address which may be used to make a request for a hard copy of a document;

(i) all documents currently available for viewing on the website;

(ii) all future documents which may be made available there;

(d) the address of the website, and any password required to view and download a relevant document from that site.

(2) A statement under paragraph (1)(a) does not apply to the following documents—

(a) a document for which personal delivery is required;

(b) a notice under rule 69;

(3) A document is delivered generally if it is delivered to some or all of the following classes of persons—

(a) members;

(b) contributories;

(d) any class of members, contributories or creditors.

(4) A nuclear administrator who has delivered a notice under paragraph (1) is under no obligation—

(a) to notify a person to whom the notice has been delivered when a document to which the notice applies has been made available on the website, or

(b) to deliver a hard copy of such a document unless a request is received under paragraph (1)(c).

(5) A nuclear administrator who receives such a request—

(a) in respect of a document which is already available on the website must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request, and

(b) in respect of all future documents must deliver each such document in accordance with the requirements for delivery of such a document in the 1986 Act and these Rules.

(6) A document to which a statement under paragraph (1)(a) applies must—

(a) remain available on the website until two months after the end of the relevant licensee nuclear company administration proceedings or the discharge of the last person to hold office as nuclear administrator in those proceedings;

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

(7) A document which is delivered to a person by means of a website in accordance with this rule, 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.

(8) Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(c)(ii) for hard copies of all future documents.

Proof of delivery of documents

155

(1) A certificate complying with this rule is proof that a document has been duly delivered to the recipient in accordance with this Chapter unless the contrary is shown.

(2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be).

(3) In the case of the nuclear administrator, the certificate must be given by—

(a) the nuclear administrator,

(b) the nuclear administrator’s solicitor, or

(4) In the case of a person other than the nuclear administrator, the certificate must be given by that person and must state—

(a) that the document was delivered by that person, or

(b) that another person (named in the certificate) was instructed to deliver it.

(5) A certificate under this rule may be endorsed on a copy of the document to which it relates.

CHAPTER 2 — Form and Content of Documents

Requirement for writing and form of documents

156

(1) A notice or statement must be in writing unless the 1986 Act or these Rules provide otherwise.

(2) A document in electronic form must be capable of being—

(a) read by the recipient in electronic form, and

(b) reproduced by the recipient in hard copy form.

Authentication

157

(1) A document in hard copy form is sufficiently authenticated if it is signed.

(2) If a document is authenticated by the signature of an individual on behalf of—

(a) a body of persons, the document must also state the position of that individual in relation to the body;

(b) a body corporate of which the individual is the sole member, the document must also state that fact.

(3) A document in electronic form is sufficiently authenticated—

(a) if the identity of the sender 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 sender and the recipient has no reason to doubt the truth of that statement.

CHAPTER 3 — Service of Documents

Application

158

(1) This Chapter sets out the requirements for service where a document is required to be served.

(2) Service is to be carried out in accordance with CPR Part 6 as that Part applies to either a “claim form” or a “document other than the claim form”, except where this Chapter provides otherwise or the court otherwise directs.

(3) If for any reason it is impracticable to effect service as provided for in paragraph (2) then service may be effected in such other manner as the court may direct.

(4) For the purposes of the application by this Chapter of CPR Part 6—

(a) the following documents are to be treated as a “claim form”—

(i) an application commencing relevant licensee nuclear company administration proceedings;

(ii) an application within relevant licensee nuclear company administration proceedings against a respondent;

(b) any other document is to be treated as a “document other than the claim form”.

(5) CPR Part 6 applies to the service of documents outside the jurisdiction with such modifications as the court may direct.

Service of relevant licensee nuclear company administration application

159

(1) An application to the court for a RLNC administration order must be served by delivering the documents as follows—

(a) on the relevant licensee nuclear company at its registered office;

(b) on any other person at that person’s proper address.

(2) A person’s proper address is any which that person has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person’s usual or last known address.

Service on joint nuclear administrators

160

Service of a document on one of joint nuclear administrators is to be treated as service on all of them.

Service of orders staying proceedings

161

(1) This rule applies where the court makes an order staying an action, execution or other legal process against the property of the relevant licensee nuclear company.

(2) The applicant must serve the order.

(3) The order may be served within the jurisdiction by serving a sealed copy at the address for service of—

(a) the claimant, or

(b) another party having the carriage of the proceedings to be stayed.

Certificate of service

162

(1) The service of an application must be verified by a certificate of service.

(2) The certificate of service must—

(a) identify the application;

(b) specify—

(i) the name and registered number of the relevant licensee nuclear company;

(ii) the address of the registered office of the relevant licensee nuclear company;

(iii) the name of the applicant;

(iv) the court in which the application was made and the court reference number;

(v) the date of the application;

(vi) whether the copy served was a sealed copy;

(vii) the person served;

(viii) the manner of service and the date of service;

(3) Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service.

CHAPTER 4 — Gazette Notices

Contents of notices to be gazetted under the 1986 Act or these Rules

163

(1) Where under the 1986 Act or these Rules a notice is gazetted, 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 Chapter.

(2) All notices must specify so far as it is applicable in relation to the particular notice—

(a) the name and postal address of the nuclear administrator;

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

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

(e) the nuclear administrator’s IP number;

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

(g) the registered name of the relevant licensee nuclear company;

(h) the relevant licensee nuclear company’s registered number;

(i) the relevant licensee nuclear company’s registered office;

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

(k) any name under which the relevant licensee nuclear company was registered in the 12 months before the date on which the relevant licensee nuclear company entered relevant licensee nuclear company administration;

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

(i) the relevant licensee nuclear company carried on business, and

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

Omission of unobtainable information

164

Information required under this Chapter to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it.

The Gazette: general

165

(1) A copy of the Gazette containing any notice required by the 1986 Act or these Rules to be gazetted is evidence of any facts stated in the notice.

(2) Where the 1986 Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice.

(3) Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

CHAPTER 5 — Notices Advertised Otherwise than in the Gazette

Notices otherwise advertised under the 1986 Act or these Rules

166

(1) Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the 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 Chapter.

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

(a) the name and postal address of nuclear administrator;

(b) the capacity in which the nuclear administrator is acting;

(d) the registered name of the relevant licensee nuclear company;

(e) the relevant licensee nuclear company’s registered number;

(f) any name under which the relevant licensee nuclear company was registered in the 12 months before the date on which the relevant licensee nuclear company entered relevant licensee nuclear company administration;

(g) any name or style (other than the relevant licensee nuclear company’s registered name) under which—

(i) the relevant licensee nuclear company carried on business, and

(ii) any debt owed to a creditor was incurred

Non-Gazette notices: other provisions

167

(1) Information which this Chapter requires to be specified in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible.

(2) Information required under this Chapter to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

CHAPTER 6 — Documents Delivered to the Registrar of Companies

Application

168

Where under the 1986 Act or these Rules a document is to be delivered to the registrar of companies, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the document must contain the contents set out in this Chapter.

Information to be contained in all documents delivered to the registrar

169

A document to be delivered to the registrar of companies must—

(a) specify—

(i) the registered name of the relevant licensee nuclear company;

(ii) its registered number;

(iii) the nature of the document;

(iv) the provision of the 1986 Act or the rule under which the document is delivered;

(v) the date of the document;

(vi) the name and postal address of the person delivering the document;

(vii) the capacity in which that person is acting in respect of the relevant licensee nuclear company;

(b) be authenticated by the person delivering the document.

Documents relating to the office of nuclear administrators

170

A document relating to the office of the nuclear administrator must also specify—

(a) the name of the nuclear administrator;

(b) the date of the event of which notice is delivered or of the notice (as applicable);

(d) where the document relates to the termination of an appointment, the reason for that termination;

(e) the postal address of the nuclear administrator.

Documents relating to other documents

171

A document relating to another document must also specify—

(a) the nature of the other document;

(b) the date of the other document;

Documents relating to court orders

172

A document relating to a court order must also specify—

(a) the nature of the court order;

(b) the date of the order.

Reports of meetings

173

A document relating to a report of a meeting must also specify—

(a) the purpose of the meeting, including the provision of the 1986 Act or the rule under which it was convened;

(b) the venue fixed for the meeting;

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

Documents relating to other events

174

A document relating to any other event must also specify—

(a) the nature of the event, including the provision of the 1986 Act or the rule under which it took place;

(b) the date on which the event occurred.

Documents of more than one type

175

A document of more than one type must satisfy the requirements which apply to each.

Documents delivered to other persons at the same time

176

(1) Where under the 1986 Act or these Rules a document is to be delivered to another person at the same time that it is to be delivered to the registrar of companies, that requirement may be satisfied by delivering to that other person a copy of the document delivered to the registrar.

(2) Paragraph (1) does not apply where the document delivered to the registrar of companies is incomplete.

CHAPTER 7 — Inspection of Documents and the Provision of Information

Confidentiality of documents: grounds for refusing inspection

177

(1) Paragraph (2) applies where in relevant licensee nuclear company administration proceedings the nuclear 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.

(2) The nuclear administrator may decline to allow the document to be inspected by a person who would otherwise be entitled to inspect it.

(3) Where under this rule the nuclear administrator determines to decline to allow 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 copies of documents

178

Where the 1986 Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents, on payment—

(a) in the case of documents on the court file, of the fee chargeable under any order made under section 92 of the Courts Act 2003;

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

Charges for copies of documents

179

Except where prohibited by these Rules, the nuclear administrator is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member or contributory.

Right to list of creditors

180

(1) A creditor has the right to require the nuclear administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless paragraph (4) applies.

(2) The nuclear administrator on being required to provide the list under paragraph (1)—

(a) must deliver it to the person requiring the list as soon as reasonably practicable, and

(b) may charge the standard fee for a hard copy.

(3) The name and address of any creditor may be omitted from the list provided under paragraph (2) where the nuclear 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) does not apply where a statement of affairs has been delivered to the registrar of companies.

CHAPTER 8 — Time

Calculation of time periods

181

(1) The provisions of CPR rule 2.8 (time)[^f00056], with the exception of paragraph (4) of that rule, apply for the calculation of periods expressed in days in the relevant legislation and these Rules.

(2) The calculation of the beginning and end of a period expressed in months is to be determined as follows—

(a) if the beginning of the period is specified—

(i) the month in which the period ends is the specified number of months after the month in which it begins, and

(ii) the date in the month on which the period ends is—

(aa) the day before the date corresponding to the date in the month on which it begins, or

(bb) if there is no such date in the month on which it ends, the last day of that month;

(b) if the end of the period is specified—

(i) the month in which the period begins is the specified number of months before the month in which it ends, and

(ii) the date in the month on which the period begins is—

(aa) the day after the date corresponding to the date in the month on which it ends, or

(bb) if there is no such date in the month in which it begins, the last day of that month.

(3) The provisions of CPR rule 3.1(2)(a) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.

(4) Paragraph (3) is subject to any time limits expressly stated in the relevant legislation and to any specific powers in the relevant legislation or these Rules to extend or shorten the time for compliance.

(5) In this rule, “relevant legislation” means—

(a) the 1986 Act;

(b) sections 154 to 171 of, and Schedules 20 and 21 to, the 2004 Act[^f00057].

PART 14 — Miscellaneous

False claim of status as creditor, etc.

182

Where these Rules provide for creditors, members or contributories of a relevant licensee nuclear company a right to inspect any documents, whether on the court file or in the hands of a nuclear administrator or other person, it is an offence for a person, with the intention of gaining sight of documents which the person has not under these Rules any right to inspect, falsely to claim a status which would entitle the person to inspect them.

Punishment of offences

183

(1) The Schedule to these Rules has effect with respect to the way in which contraventions of these Rules are punishable on conviction.

(2) In relation to an offence under a provision of the rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other.

(3) The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration.

(4) The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, the person is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule).

(5) Section 431 of the 1986 Act (summary proceedings)[^f00058], as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under the 1986 Act.

Review

184

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Rules, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Rules come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this rule must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this rule, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULE — Punishment of Offences under these Rules

On indictment

Summary

Signed

Bellamy — Parliamentary Under Secretary of State — Ministry of Justice — 20th June 2023

I concur

Julian Flaux — Chancellor of the High Court — 7th June 2023

I concur

Andrew Bowie — Parliamentary Under Secretary of State — Department for Energy Security and Net Zero — 22nd June 2023

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules set out the procedure for the conduct of relevant licensee nuclear company administration proceedings in England and Wales. Relevant licensee nuclear company administration is a special insolvency regime specifically created for relevant licensee nuclear companies in Great Britain.

The framework for the relevant licensee nuclear company administration regime is set out in the Nuclear Energy (Financing) Act 2022 (c. 15) (the “2022 Act”). The 2022 Act does so by applying (with modifications) much of Chapter 3 of Part 3 of the Energy Act 2004 (c. 20) (which provides for a special administration regime for certain energy companies).

The 2022 Act makes provision for a regulated asset base model for new nuclear power stations in the UK. This will allow an eligible company to receive payments in exchange for the design, construction, commissioning and operation of the plant from electricity suppliers. To support this model, Part 3 of the 2022 Act provides for a special administration regime, about which these Rules make provision.

These Rules are applicable only to relevant licensee nuclear company administration.

Part 1 contains the construction and interpretation provisions.

Part 2 sets out the procedure to be followed to initiate relevant licensee nuclear company administration proceedings, including the information required for a relevant licensee nuclear company administration order application, to whom notice of such an application needs to be delivered and who may appear at a hearing of the relevant licensee nuclear company administration application.

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

Part 4 contains provisions relating to creditors’ decisions and company meetings in relevant licensee nuclear company administration.

Part 5 contains provisions relating to an application to court for authority to dispose of property of the relevant licensee nuclear company which is subject to a security (other than a floating charge) or goods in the possession of the relevant licensee nuclear company under a hire-purchase agreement.

Part 6 contains provisions relating to the expenses of relevant licensee nuclear company administration.

Part 7 contains provisions relating to claims by and distributions to creditors of the relevant licensee nuclear company.

Part 8 contains details of how the remuneration of a nuclear administrator is to be fixed by the court.

Part 9 sets out the arrangements for ending a relevant licensee nuclear company administration.

Part 10 sets out the requirements and procedures for replacing a nuclear administrator.

Part 11 contains general provisions detailing the court procedure and practice for relevant licensee nuclear company administration proceedings. In particular this Part sets out the general requirements for court applications made during a relevant licensee nuclear company administration, enforcement procedures, access to the court file, the cost assessment procedure for relevant licensee nuclear company administration proceedings, provision for persons who lack capacity to manage their affairs, and the appeals process to be used in relevant licensee nuclear company administration proceedings.

Part 12 sets out the provision for the examination of persons where an application to court has been made by a nuclear administrator under section 236 of the Insolvency Act 1986 (c. 45). Section 236 allows a nuclear administrator to apply to court for an order requiring certain persons to appear before the court to be questioned by the nuclear administrator about the company in relevant licensee nuclear company administration.

Part 13 contains provisions of general effect including provisions relating to the delivery of documents, the form and content of documents, service of documents, standard contents of notices and of documents delivered to the registrar of companies, the inspection and right to copies of documents, and the calculation of time periods.

Part 14 contains miscellaneous provisions, including the power of the Secretary of State to regulate certain matters relating to the carrying out of the nuclear administrator’s functions, provisions relating to the punishment of offences and the requirement for a review.

The Schedule contains further provision about offences.

A full impact assessment setting out the impacts resulting from this legislation is available from the Department for Energy Security and Net Zero at 1 Victoria Street, London, SW1H 0ET and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1986 c. 45. Section 411 of the Insolvency Act 1986 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c. 4), Schedule 4, paragraph 188. Section 411(3) was amended by S.I. 2007/2194 and the Banking Act 2009 (c. 1), section 160. There are other amending Acts and instruments, but none is relevant.

[^f00002]: 2004 c. 20. Section 159(3) was amended by the Energy Act 2011 (c. 16), section 97 and the Nuclear Energy (Financing) Act 2022 (c. 15), section 34.

[^f00003]: 2022 c. 15.

[^f00004]: Section 413 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraph 190, the Crime and Courts Act 2013 (c.22), Schedule 9, paragraph 93 and S.I. 2018/130. There are other amendments, but none is relevant.

[^f00005]: For the meaning of “relevant licensee nuclear company” see section 1(4) of the Nuclear Energy (Financing) Act 2022.

[^f00006]: 1971 c. 80. There are amending Acts and instruments, but none is relevant.

[^f00007]: Section 79 was amended by S.I. 2009/1941.

[^f00008]: S.I. 1998/3132.

[^f00009]: 1981 c. 54. Section 100 was substituted by the Constitutional Reform Act 2005, Schedule 3, paragraph 2 and amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 11, paragraph 2.

[^f00010]: 2007 c. 15.

[^f00011]: 2003 c. 39. See Schedule 7 to the Act.

[^f00012]: Section 4(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 72, the Access to Justice Act 1999 (c. 22), section 69, the Constitutional Reform Act 2005, Schedule 4, paragraph 117, and the Crime and Courts Act 2013 (c. 22), Schedule 13, paragraph 14. There are other amendments to section 4, but none is relevant.

[^f00013]: Section 89(1) was amended by the Constitutional Reform Act 2005, Schedule 3, paragraph 3 and Schedule 11, paragraph 26. Section 89(1) refers to offices listed in Parts 2 and 3 of Schedule 2 to the Act. The reference to “Registrar in Bankruptcy of the High Court” was replaced with a reference to “Insolvency and Companies Court Judge” by S.I. 2018/130.

[^f00014]: S.I. 2016/1024, as amended by S.I. 2017/366, 2017/369, 2017/702, 2017/1115, 2017/1119, 2018/130, 2019/146, 2019/138, 2021/672 and 2021/1028.

[^f00015]: Section 176A was inserted by the Enterprise Act 2002 (c. 40), section 252 and amended by S.I. 2008/948 and the Corporate Insolvency and Governance Act 2020 (c. 12), Schedule 9, paragraph 6.

[^f00016]: Schedule B1 was inserted by the Enterprise Act 2002, Schedule 16, paragraph 1 (as amended by S.I. 2003/2096).

[^f00017]: See section 31(1) of the 2022 Act.

[^f00018]: Section 159 was amended by the Energy Act 2011 (c. 16), section 97 and the Nuclear Energy (Financing) Act 2022, section 34. Section 166 was amended by the Energy Act 2011, section 93. Schedule 20 was amended by S.I. 2009/1941, the Financial Services Act 2012 (c. 21), Schedule 18, paragraph 101, the Energy Act 2011, section 101 and the Corporate Insolvency and Governance Act 2020, Schedule 9, paragraph 27. Schedule 21 was amended by S.I. 2019/530.

[^f00019]: 2007 c. 29.

[^f00020]: Schedule 3 was amended by S.I. 2020/1342.

[^f00021]: Part 22 was amended by S.I. 2001/1769, 2001/4015, 2004/3419 and 2023/105.

[^f00022]: Section 246A was inserted by S.I. 2010/18. It was amended by the Small Business, Enterprise and Employment Act 2015 (c. 26), and the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 17.

[^f00023]: There are amendments to Part 32 but these are not relevant to these Regulations.

[^f00024]: Section 170 was amended by the Energy Act 2011, section 100 and the Nuclear Energy (Financing) Act 2022, section 37. Section 171 was amended by S.I. 2009/1941.

[^f00025]: Section 124A was inserted by the Companies Act 1989 (c. 40), sections 60(3) and 213(2). It was amended by S.I. 2001/3649 and the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), Schedule 2, paragraph 27.

[^f00026]: 1986 c. 45. Part A1 was inserted by section 1(1) of the Corporate Insolvency and Governance Act 2020 (c. 12).

[^f00027]: Section 235 was amended by the Enterprise Act 2002, Schedule 17, paragraph 24.

[^f00028]: Part 31 was amended by S.I. 2000/221, 2001/4015, the Constitutional Reform Act 2005, Schedule 11, paragraph 1, S.I. 2010/1953, 2011/88, 2012/2208, 2013/262, 2013/1974, 2019/521 and 2020/747.

[^f00029]: Section 231 was amended by the Enterprise Act 2002, Schedule 26.

[^f00030]: Paragraph 83 was amended by the Small Business, Enterprise and Employment Act 2015, section 128 and Schedule 9, paragraph 10.

[^f00031]: Schedule B1 was inserted by the Enterprise Act 2002 (c. 40), Schedule 16 and paragraph 54 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10.

[^f00032]: Paragraph 62 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10.

[^f00033]: 2006 c. 46.

[^f00034]: Paragraph 99 was amended by the Deregulation Act 2015 (c. 20), Schedule 6, paragraph 27.

[^f00035]: Paragraph 13A was inserted into Schedule 8 by the Small Business, Enterprise and Employment Act 2015, section 131.

[^f00036]: 2002 c. 29.

[^f00037]: 2000 c. 8. Section 382(1) was amended by the Financial Services Act 2012, Schedule 9, paragraph 21.

[^f00038]: 1838 c. 110. Section 17 was amended by S.I. 1993/564, 1998/2940; there are other amendments but none is relevant.

[^f00039]: Paragraph 79 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10.

[^f00040]: Section 124 was amended by the Criminal Justice Act 1988 (c. 33), section 62(2), the Companies Act 1989, section 60(2), S.I. 2002/1240, the Courts Act 2003 (c. 39), Schedule 8, paragraph 294, S.I. 2004/2326, the Companies (Audit, Investigations and Community Enterprise) Act 2004, section 50(3), S.I. 2006/2078, 2009/1941, 2013/496, 2019/146 and the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 11.

[^f00041]: Paragraph 84 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10 and S.I. 2019/146.

[^f00042]: Paragraph 87 was amended by the Enterprise Act 2002, Schedule 16, paragraph 1.

[^f00043]: Paragraph 89 was amended by the Enterprise Act 2002, Schedule 16, paragraph 1.

[^f00044]: Section 236 was amended by S.I. 2010/18.

[^f00045]: Section 92 was amended by the Constitutional Reform Act 2005, Schedule 4, paragraph 345 and Schedule 11, paragraph 4 and the Crime and Courts Act 2013, Schedule 9, paragraph 40 and Schedule 10, paragraph 95.

[^f00046]: Parts 44 and 47 were substituted for new Parts 44 and 47 by S.I. 2013/262. Part 44 was amended by S.I. 2017/95 and 2023/105. Part 47 was amended by S.I. 2014/407 and 2022/101.

[^f00047]: 2005 c. 9.

[^f00048]: Section 3 has been amended but no amendments are relevant to this instrument.

[^f00049]: Part 52 was substituted for a new Part 52 by S.I. 2016/788. It was amended by S.I. 2017/95, 2017/889, 2020/82, 2021/855, 2022/101, 2022/783 and 2023/105.

[^f00050]: Part 29 was amended by S.I. 2002/2058, 2005/2292, 2013/262 and 2013/1974.

[^f00051]: Part 37 was amended by S.I. 2006/3435 and 2014/3299.

[^f00052]: Part 18 was amended by S.I. 2000/221.

[^f00053]: Part 31 was amended by S.I. 2000/221, 2001/4015, 2010/1953, 2011/88, 2012/2208, 2013/262, 2013/1974, 2019/521 and 2020/747.

[^f00054]: Part 6 was amended by S.I. 2008/2178, 2009/2092, 2009/3131, 2009/3390, 2011/88, 2011/1979, 2014/2948, 2015/1644, 2019/521, 2020/942, 2021/117, 2022/783 and 2023/105.

[^f00055]: Section 246B was inserted by S.I. 2010/18. It was amended by the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 18.

[^f00056]: CPR rule 2.8 was amended by S.I. 2009/3390 and 2022/783.

[^f00057]: Section 54 was amended by the Energy Act (c. 32), sections 48(2) and 156(2). Section 55 was amended by the Energy Act (c. 32), sections 48(3) and 156(2). Section 170 was amended by the Energy Act 2011 (c. 16), sections 100(3) and 121(3) and the Nuclear Energy (Financing) Act 2022 (c. 15), sections 37(2) and 44(1)(c)(2)(c).

[^f00058]: Section 431 was amended by the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 27.

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