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
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articles Not indexed
Reform history JSON API
  • (a) a direction to the contrary has been given, or
  • (b) it is not within the judge’s power to make the order required.
  • (2) Where the application is made to an Insolvency and Companies Court Judge or district judge of the High Court, that judge may refer to a High Court Judge any matter which the Insolvency and Companies Court Judge or district judge of the High Court thinks should properly be decided by a High Court Judge.
  • (3) Following a reference under paragraph (2) the High Court Judge may either dispose of the matter or refer it back to the Insolvency and Companies Court Judge or district judge of the High Court with such directions as the High Court Judge thinks just.
  • (4) Nothing in this rule precludes an application being made directly to a High Court Judge in a proper case.

Witness statements

108
  • (1) Where evidence is required by the 1986 Act or these Rules as to any matter, such evidence may be given by witness statement unless—
  • (a) in any specific case a rule or the 1986 Act makes different provision, or
  • (b) the court otherwise directs.
  • (2) Paragraph (1) is subject to rule 109 (use of reports).
  • (3) Unless the provisions of the 1986 Act or these Rules under which the application is made provide otherwise, or the court otherwise directs—
  • (a) if the applicant intends to rely at the first hearing on evidence in a witness statement, the applicant must file the witness statement with the court and serve a copy on the respondent, not less than 14 days before the date fixed for the hearing, and
  • (b) where a respondent to an application intends to oppose it and rely for that purpose on evidence in a witness statement, the respondent must file the witness statement with the court and serve a copy on the applicant, not less than five business days before the date fixed for the hearing.
  • (4) The court may, on the application of any party to the matter in question, order the attendance for cross-examination of the person making the witness statement.
  • (5) Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the permission of the court.

Use of reports

109
  • (1) A report may be filed in court by the nuclear administrator instead of a witness statement, unless the application involves other parties or the court otherwise directs.
  • (2) In any case where a report is filed instead of a witness statement, the report is to be treated for the purposes of rule 108 and any hearing before the court as if it were a witness statement.

Directions and adjournment

110
  • (1) The court may at any time give such directions as it thinks just as to the following—
  • (a) service or notice of the application on or to any other person;
  • (b) whether the application is to be served and generally the procedure on the application, including whether a hearing is necessary;
  • (c) the matters, if any, to be dealt with in evidence;
  • (d) the manner in which any evidence is to be provided and, in particular, as to the following—
  • (i) the taking of evidence wholly or partly by witness statement or orally;
  • (ii) any report to be made by the nuclear administrator;
  • (iii) the cross-examination of the maker of a witness statement or of a report.
  • (2) The court may adjourn the hearing of an application on such terms as it thinks just.

CHAPTER 2 — Enforcement Procedures

Enforcement of court orders

111

In relevant licensee nuclear company administration proceedings, orders of the court may be enforced in the same manner as a judgment to the same effect.

Orders enforcing compliance

112
  • (1) The court may, on an application by the nuclear administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—
  • (a) paragraph 47 of Schedule B1 to the 1986 Act (duty to submit statement of affairs), or
  • (b) section 235 of the 1986 Act (duty to co-operate with nuclear administrator).
  • (2) An order of the court under this rule may provide that all costs of and incidental to the application for it are to be borne by the person against whom the order is made.

Warrant under section 236 of the 1986 Act

113
  • (1) For the purpose of the issue of a warrant under section 236 of the 1986 Act44 (inquiry into insolvent company’s dealings), the persons referred to in that section as the prescribed officer of the court are the tipstaff and the tipstaff’s assistants of the court.
  • (2) In this rule, references to property include books, papers and other documents and records.
  • (3) When a person is arrested under a warrant issued under section 236 of the 1986 Act (“the arrested person”), the arresting officer must as soon as reasonably practicable bring the arrested person before the court issuing the warrant in order that the arrested person may be examined.
  • (4) If the arrested person cannot immediately be brought up for examination, the officer must deliver the arrested person into the custody of the relevant prison governor.
  • (5) The relevant prison governor must keep the arrested person in custody and produce the arrested person before the court as the court may from time to time direct.
  • (6) After arresting the person named in the warrant, the officer must as soon as reasonably practicable report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the arrested person’s examination.
  • (7) The court must appoint the earliest practicable time for the examination, and must—
  • (a) direct the relevant prison governor to produce the arrested person for examination at the time and place appointed;
  • (b) as soon as reasonably practicable deliver notice of the venue to the nuclear administrator.
  • (8) Where any property in the arrested person’s possession is seized, the property must, as directed by the warrant, be—
  • (a) delivered to whoever is specified in the warrant as authorised to receive it, or otherwise dealt with in accordance with the directions in the warrant, or
  • (b) kept by the officer seizing it pending the receipt of written orders from the court as to its disposal.
  • (9) In this rule, “the relevant prison governor” means—
  • (a) the governor of the prison named in the warrant, or
  • (b) where that prison is not able to accommodate the arrested person, the governor of such other prison, with appropriate facilities, that is able to accommodate the arrested person.

CHAPTER 3 — The Court File

Court file

114
  • (1) The court must open and maintain a file (the “court file”) in any case where documents are filed with it under the 1986 Act or these Rules.
  • (2) Any documents which are filed with the court under the 1986 Act or these Rules must be placed on the court file.
  • (3) The following persons may inspect the court file, or obtain from the court a copy of the court file, or of any document in the court file—
  • (a) the nuclear administrator;
  • (b) the Secretary of State;
  • (c) the Gas and Electricity Markets Authority;
  • (d) a creditor who provides the court with a statement confirming that the person is a creditor of the relevant licensee nuclear company;
  • (e) a person who is, or at any time has been, a director or officer of the relevant licensee nuclear company;
  • (f) a person who is a member of the relevant licensee nuclear company.
  • (4) A person’s right to inspect or obtain copies may be exercised on that person’s behalf by someone authorised to do so by that person.
  • (5) Any person who is not otherwise entitled to inspect the court file or obtain copies may do so if the court gives permission.
  • (6) The court may direct that the court file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraph (3) or (4) without the permission of the court.
  • (7) An application for a direction under paragraph (6) may be made by—
  • (a) the nuclear administrator, or
  • (b) any person appearing to the court to have an interest.
  • (8) Inspection of the court file, with permission if required, may be at any reasonable time.
  • (9) The right to a copy of a document is subject to payment of the fee chargeable under an order made under section 92 of the Courts Act 200345.
  • (10) The following applications may be made without notice to any other party, but the court may direct that notice must be delivered to any person who would be affected by its decision—
  • (a) an application for permission to inspect the court file or obtain a copy of a document under paragraph (5);
  • (b) an application for a direction under paragraph (6).
  • (11) If for the purposes of powers conferred by the 1986 Act or these Rules, the Secretary of State or the nuclear administrator requests the transmission of the court file, the court must comply with the request (unless the file is for the time being in use for the court’s own purposes).

Office copies of documents

115
  • (1) The court must provide an office copy of a document from the court file to a person who has under these Rules the right to inspect the court file where that person has requested such a copy and paid the fee under rule 114(9).
  • (2) A person’s right under this rule may be exercised on that person’s behalf by someone authorised to do so by that person.
  • (3) An office copy provided by the court under this rule must be in such form as the relevant judge thinks appropriate, and must bear the court’s seal.
  • (4) In this rule, “relevant judge” means the High Court Judge, Insolvency and Companies Court Judge or district judge of the High Court before whom the proceedings are brought.

CHAPTER 4 — Costs and Detailed Assessment

Application and interpretation

116
  • (1) This Chapter applies to costs of and in connection with relevant licensee nuclear company administration proceedings.
  • (2) In this Chapter, “costs” includes charges and expenses.
  • (3) CPR Parts 44 and 4746 (which relate to costs) apply to such costs.

Requirement to assess costs by the detailed procedure

117
  • (1) Where the costs of any person are payable as an expense out of the assets of the relevant licensee nuclear company, the amount payable must be decided by detailed assessment unless agreed between the nuclear administrator and the person entitled to payment.
  • (2) In the absence of such agreement, the nuclear administrator may serve notice requiring the person entitled to payment to commence detailed assessment proceedings in accordance with CPR Part 47.
  • (3) Detailed assessment proceedings must be commenced in the court to which the relevant licensee nuclear company administration proceedings are allocated.
  • (4) Where the costs of any person employed by the nuclear administrator in relevant licensee nuclear company administration proceedings are required to be decided by detailed assessment or fixed by order of the court, the nuclear administrator may make payments on account to such person in respect of those costs provided that person undertakes in writing—
  • (a) to repay as soon as reasonably practicable any money which may, when detailed assessment is made, prove to have been overpaid, and
  • (b) to pay interest on any such sum as is mentioned in sub-paragraph (a) at the rate specified in section 17 of the Judgments Act 1838 on the date payment was made and for the period beginning with the date of payment and ending with the date of repayment.
  • (5) In any proceedings before the court, the court may order costs to be decided by detailed assessment.

Procedure where detailed assessment required

118
  • (1) Before making a detailed assessment of the costs of any person employed in relevant licensee nuclear company administration proceedings by the nuclear administrator, the costs officer must require a certificate of employment, which must be endorsed on the bill and authenticated by the nuclear administrator.
  • (2) The certificate must include the following—
  • (a) the name and address of the person employed;
  • (b) details of the functions to be carried out under the employment;
  • (c) a note of any special terms of remuneration which have been agreed.
  • (3) Every person whose costs in relevant licensee nuclear company administration proceedings are required to be decided by detailed assessment must, on being required in writing to do so by the nuclear administrator, commence detailed assessment proceedings in accordance with CPR Part 47.
  • (4) If that person does not commence detailed assessment proceedings within three months of being required to do so under paragraph (3), or within such further time as the court, on application, may permit, the nuclear administrator may deal with the assets of the relevant licensee nuclear company without regard to any claim for costs by that person, whose claim is forfeited by such failure to commence proceedings.
  • (5) Where in any such case such a claim for costs lies additionally against a nuclear administrator in the nuclear administrator’s personal capacity, that claim is also forfeited by such failure to commence proceedings.

Costs paid otherwise than out of the assets of the relevant licensee nuclear company

119

Where the amount of costs is decided by detailed assessment under an order of the court directing that the costs are to be paid otherwise than out of the assets of the relevant licensee nuclear company, the costs officer must note on the final costs certificate by whom, or the manner in which, the costs are to be paid.

Award of costs against nuclear administrator

120

Without prejudice to any provision of the 1986 Act or these Rules by virtue of which the nuclear administrator is not in any event to be liable for costs and expenses, where a nuclear administrator is made a party to any proceedings on the application of another party to the proceedings, the nuclear administrator is not to be personally liable for the costs unless the court otherwise directs.

Application for costs

121
  • (1) This rule applies where a party to, or person affected by, relevant licensee nuclear company administration proceedings—
  • (a) applies to the court for an order allowing their costs, or part of them, of or incidental to the proceedings, and
  • (b) that application is not made at the time of the proceedings.
  • (2) The applicant must serve a sealed copy of the application on the nuclear administrator.
  • (3) The nuclear administrator may appear on the application.
  • (4) No costs of or incidental to the application are to be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceedings.

Costs and expenses of witnesses

122
  • (1) An officer of the relevant licensee nuclear company to which the relevant licensee nuclear company administration proceedings relate is not to receive an allowance as a witness in an examination or other proceedings before the court except as directed by the court.
  • (2) A person making any application in relevant licensee nuclear company administration proceedings is not to receive an allowance as a witness for attending the hearing of the application, but the costs officer may allow that person’s expenses of travelling and subsistence.

Final costs certificate

123
  • (1) A final costs certificate of the costs officer is final and conclusive as to all matters which have not been objected to in the manner provided for under the CPR.
  • (2) Where it is proved to the satisfaction of a costs officer that a final costs certificate has been lost or destroyed, the costs officer may issue a duplicate.

CHAPTER 5 — Persons who Lack Capacity to Manage their Affairs

Introduction

124
  • (1) The rules in this Chapter apply where it appears to the court in relevant licensee nuclear company administration proceedings that a person affected by the proceedings is unable to manage and administer that person’s own property and affairs by reason of—
  • (a) lacking capacity within the meaning of the Mental Capacity Act 200547,
  • (b) suffering from a physical affliction, or
  • (c) disability.
  • (2) Such a person is referred to in this Chapter as “the incapacitated person”.

Appointment of another person to act

125
  • (1) The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person.
  • (2) The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for the incapacitated person’s incapacity.
  • (3) The court may make the appointment either of its own motion or on application by—
  • (a) a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person;
  • (b) any person who appears to the court to be a suitable person to make the application;
  • (c) the nuclear administrator.
  • (4) An application under paragraph (3) may be made without notice to any other party.
  • (5) The court may require such notice of the application as it thinks necessary to be delivered to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be delivered.

Witness statement in support of application

126

An application under rule 125(3) must be supported by a witness statement made by a registered medical practitioner as to the mental or physical condition of the incapacitated person.

Service of notices following appointment

127

Any notice served on, or sent to, a person appointed under rule 125 has the same effect as if it had been served on, or sent to, the incapacitated person.

CHAPTER 6 — Appeals in Relevant Licensee Nuclear Company Administration Proceedings

Appeals and reviews

128
  • (1) A court which has jurisdiction in relation to relevant licensee nuclear company administration proceedings may review, rescind or vary any order made by it in the exercise of that jurisdiction.
  • (2) An appeal made in the exercise of the court’s jurisdiction in relation to relevant licensee nuclear company administration proceedings lies—
  • (a) from a decision of an Insolvency and Companies Court Judge or district judge of the High Court, to a High Court Judge;
  • (b) from a decision of a High Court Judge, to the Civil Division of the Court of Appeal.
  • (3) In this rule, “Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 198148.

Procedure on appeal

129
  • (1) An appeal against a decision at first instance may only be brought with either the permission of the court which made the decision or the permission of the court which has jurisdiction to hear the appeal.
  • (2) An appellant must file an appellant’s notice (within the meaning of CPR Part 5249) within 21 days after the date of the decision of the court that the appellant wishes to appeal.
  • (3) The procedure set out in CPR Part 52 applies to any appeal to which this Chapter applies.

CHAPTER 7 — General

Principal court rules and practice to apply

130
  • (1) The provisions of the CPR (including any related practice directions) apply to relevant licensee nuclear company administration proceedings with any necessary modifications, except so far as disapplied by or inconsistent with these Rules.
  • (2) Relevant licensee nuclear company administration proceedings must be allocated to the multi-track, for which CPR Part 2950 makes provision, and accordingly those provisions of the CPR which provide for directions questionnaires and track allocation do not apply.
  • (3) CPR Part 32 (evidence) applies to a false statement in a document verified by a statement of truth made under these Rules as it applies to a false statement in a document verified by a statement of truth made under CPR Part 22 (statements of truth).

Performance of functions by the court

131
  • (1) In relevant licensee nuclear company administration proceedings, anything to be done by, to or before the court may be done by, to or before a High Court Judge, Insolvency and Companies Court Judge or district judge of the High Court.
  • (2) The Insolvency and Companies Court Judge or district judge of the High Court may authorise any act of a formal or administrative character which is not in accordance with any enactment that person’s responsibility to be carried out by the chief clerk or any other officer of the court acting on that person’s behalf, in accordance with directions given by the Lord Chancellor.
  • (3) The hearing of an application must be in open court unless the court directs otherwise.

Rights of audience

132

Rights of audience in relevant licensee nuclear company administration proceedings are the same as in insolvency proceedings.

Formal defects

133

No relevant licensee nuclear company administration proceedings are to be invalidated by any formal defect or any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.

Shorthand writers

134
  • (1) The court may in writing nominate a person to be official shorthand writer to the court.
  • (2) The court may, at any time in the course of relevant licensee nuclear company administration proceedings, appoint a shorthand writer to take down evidence of a person examined under section 236 of the 1986 Act.
  • (3) The remuneration of a shorthand writer appointed in relevant licensee nuclear company administration proceedings must be paid by the party at whose instance the appointment was made, or out of the assets of the relevant licensee nuclear company or otherwise, as the court may direct.
  • (4) Any question arising as to the rates of remuneration payable under this rule must be determined by the court.

Payment into court

135

CPR Part 3751 (miscellaneous provisions about payment into court) applies to money lodged in court under these Rules.

Further information and disclosure

136
  • (1) A party to relevant licensee nuclear company administration proceedings may apply to the court for an order—
  • (a) that in accordance with CPR Part 1852 (further information) another party—
  • (i) clarify a matter that is in dispute in the proceedings, or
  • (ii) give additional information in relation to such a matter, or
  • (b) for disclosure from any person in accordance with CPR Part 3153 (disclosure and inspection of documents), save where rules 18 or 24 apply.
  • (2) An application under this rule may be made without notice to any other party.

Court orders

137

The court may make such other order or in such form as the court thinks just, despite any requirement in these Rules as to the contents of a court order.

PART 12 — Examination of Persons in Relevant Licensee Nuclear Company Administration Proceedings

Application and interpretation

138
  • (1) The rules in this Part apply to applications to the court, made by the nuclear administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings).
  • (2) In this Part—
  • (a) “the respondent” means the person in respect of whom an order under section 236 is applied for;
  • (b) “section 236” means section 236 of the 1986 Act.

Contents of application

139
  • (1) The application must state the following—
  • (a) the grounds on which it is made;
  • (b) the name of the respondent;
  • (c) which order or combination of orders referred to in paragraph (2) is sought.
  • (2) The orders are—
  • (a) for the respondent to appear before the court;
  • (b) for the respondent to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter (if CPR Part 18 (further information) applies to any such order);
  • (c) for the respondent to submit witness statements (if so, particulars must be given of the matters to be included);
  • (d) for the respondent to produce books, papers or other records (if so, the items in question must be specified).
  • (3) The application may be made without notice to the respondent or any other party.

Order for examination, etc.

140
  • (1) The court may, whatever the order sought in the application, make any order which it has power to make under section 236.
  • (2) The court, if it orders the respondent to appear before it, must specify a venue for the respondent’s appearance, which must be not less than 14 days from the date of the order.
  • (3) If the respondent is ordered to file with the court a witness statement, the order must specify—
  • (a) the matters which are to be dealt with in the respondent’s witness statement, and
  • (b) the time within which it is to be delivered.
  • (4) If the order is to produce books, papers or other records, the time and manner of compliance must be specified.
  • (5) The order must be served by the nuclear administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders.

Procedure for examination

141
  • (1) At any examination of the respondent, the nuclear administrator may attend in person, or be represented by an appropriately qualified legal representative, and may put such questions to the respondent as the court may allow.
  • (2) Any creditor who has provided information on which the application was made under section 236 may—
  • (a) attend the examination with the permission of the court, and
  • (b) put questions to the respondent, but only through the nuclear administrator.
  • (3) If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and as to whether the respondent’s answers (if any) are to be made in a witness statement.
  • (4) The respondent may at the respondent’s own expense employ an appropriately qualified legal representative who may—
  • (a) put to the respondent such questions as the court may allow for the purpose of enabling the respondent to explain or qualify any answers given by the respondent, and
  • (b) make representations on the respondent’s behalf.
  • (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;
  • (c) any witness statement 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 654.

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;
  • (c) provided an electronic address for the delivery of the document.
  • (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 Act55.
  • (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;
  • (c) a statement that the recipient of the notice may at any time request a hard copy of any or all of the following—
  • (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;
  • (c) a document which is not delivered generally.
  • (3) A document is delivered generally if it is delivered to some or all of the following classes of persons—
  • (a) members;
  • (b) contributories;
  • (c) creditors;
  • (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
  • (c) a partner or an employee of either of them.
  • (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;
  • (c) be verified by a statement of truth.
  • (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;
  • (c) either an email address, or a telephone number, through which the nuclear administrator may be contacted;
  • (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;
  • (c) either an email address, or a telephone number, through which the nuclear administrator may be contacted;
  • (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);
  • (c) where the document relates to an appointment, the court making the appointment;
  • (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;
  • (c) where the other document relates to a period of time, the period of time to which it relates.

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;
  • (c) whether a required quorum was present for the meeting to take place;
  • (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)56, 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 Act57.

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)58, 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,
  • (c) assess whether those objectives remain appropriate, and
  • (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

1.

On indictment

2.

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

1

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.

2

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.

4

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.

5

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

6

1971 c. 80. There are amending Acts and instruments, but none is relevant.

7

Section 79 was amended by S.I. 2009/1941.

9

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.

11

2003 c. 39. See Schedule 7 to the Act.

12

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.

13

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.

15

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.

16

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

17

See section 31(1) of the 2022 Act.

18

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.

20

Schedule 3 was amended by S.I. 2020/1342.

21

Part 22 was amended by S.I. 2001/1769, 2001/4015, 2004/3419 and 2023/105.

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