The PPP Administration Order Rules 2007

Prospective

PART 8E+WEXAMINATION OF PERSONS IN PPP ADMINISTRATION PROCEEDINGS

ApplicationE+W

89.  The rules in this Part relate to applications to the court, made by the special PPP administrator, for an order under section 236 (inquiry into company’s dealings, etc) of the 1986 Act.

Form and contents of applicationE+W

90.—(1) The application shall be in writing, and be accompanied by a brief statement of the grounds on which it is made.

(2) The respondent must be sufficiently identified in the application.

(3) It shall be stated whether the application is for the respondent—

(a)to be ordered to appear before the court; or

(b)to be ordered to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter and if so CPR Part 18 (further information) shall apply to any such order; or

(c)to submit an affidavit (if so, particulars are to be given of the matters to which he is required to swear); or

(d)to produce books, papers or other records (if so, the items in question are to be specified),

or for any two or more of those purposes.

(4) The application may be made without notice being served on any other party.

Order for examination, etcE+W

91.—(1) The court may, whatever the purpose of 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, shall specify a venue for his appearance, which shall be not less than 14 days from the date of the order.

(3) If he is ordered to submit affidavits, the order shall specify—

(a)the matters which are to be dealt with in his affidavits; and

(b)the time within which they are to be submitted to the court.

(4) If the order is to produce books, papers or other records, the time and manner of compliance shall be specified.

(5) The order must be served forthwith on the respondent; and it must be served personally, unless the court otherwise orders.

Procedure for examinationE+W

92.—(1) At any examination of the respondent, the special PPP administrator may attend in person, or be represented by a solicitor with or without counsel, and may put such questions to the respondent as the court may allow.

(2) If the respondent is ordered to clarify any matter or to give additional information, the court shall direct him as to the questions which he is required to answer, and as to whether his answers (if any) are to be made on affidavit.

(3) Where an application has been made under section 236 on information provided by a creditor of the PPP company, that creditor may, with the permission of the court and if the special PPP administrator does not object, attend the examination and put questions to the respondent (but only through the special PPP administrator).

(4) The respondent may at his own expense employ a solicitor with or without counsel, who may put to him such questions as the court may allow for the purpose of enabling him to explain or qualify any answers given by him, and may make representations on his behalf.

(5) There shall be made in writing such record of the examination as the court thinks proper. The record shall be read over either to or by the respondent and signed by him 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 him in the course of his examination.

Record of examinationE+W

93.—(1) Unless the court otherwise directs, the written record of the respondent’s examination, and any response given by him to any order under CPR Part 18 (further information), and any affidavits submitted by him in compliance with an order of the court under section 236, shall not be filed in court.

(2) The written record, responses and affidavits shall not be open to inspection, without an order of the court, by any person other than the special PPP administrator.

(3) Paragraph (2) applies also to so much of the court file as shows the grounds of the application for an order under section 236 and to any copy of any order sought under CPR Part 18.

(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 furnishing of copies of, or extracts from, such documents.

Costs of proceedings under section 236E+W

94.—(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 him.

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

(3) Subject to paragraphs (1) and (2), the special PPP administrator’s costs shall, unless the court otherwise orders, be paid out of the assets of the PPP company.

(4) A person summoned to attend for examination under this Part shall be tendered a reasonable sum in respect of travelling expenses incurred in connection with his attendance. Other costs falling on him are at the court’s discretion.