558ZZ. (1) This section applies where notice of approval of a rescue plan for an eligible company is filed with the office of the relevant court under section 558Z(6).

(2) Any creditor or member of the eligible company may apply to the relevant court, within 21 days after the date on which the notice of approval is filed, to review the remuneration, costs and expenses, claimed by a process adviser under this Part.

(3) Notice of objection shall be sent in the prescribed form to—

(a) the process adviser, and

(b) the office of the relevant court.

(4) Where no application is filed under subsection (2) within 21 days of the notice of approval under section 558ZB(1), the remuneration, costs and expenses of the process adviser shall be deemed to be fixed in the amount set out in the process adviser’s report.

(5) An application under subsection (2) shall be heard after the hearing of any objection under section 558ZD.

(6) On the making of an application under subsection (2), the relevant court may, as it thinks fit—

(a) confirm the amount stated in the process adviser’s report under section 558ZA, or

(b) subject to any order made by virtue of section 558ZY(1), alter that amount and make any consequential modifications to the rescue plan.

(7) If, on an application under subsection (2)—

(a) the relevant court does not reduce the process adviser’s remuneration, costs and expenses, the applicant shall bear the costs, fees and expenses of the application, or

(b) the relevant court does reduce the process adviser’s remuneration, costs and expenses, the court may make such order as it deems fit as to the costs, fees and expenses of the application.

(8) In deciding on the merits of an application under subsection (2), the relevant court shall have regard to all the circumstances, including in particular—

(a) whether the process adviser had proper regard to section 558ZY(4),

(b) the time properly required to be given by the process adviser and by his or her assistants during the rescue period,

(c) the complexity (or otherwise) of the case,

(d) the effectiveness with which the process adviser appears to have carried out his or her duties, and

(e) the value and nature of the property with which the process adviser has to deal.

(9) Where the relevant court dismisses an application under subsection (2) or approves a modified rescue plan following an alteration under subsection (6)(b), the rescue plan shall be binding on all the members or class or classes of members, as the case may be, affected by the rescue plan and also on the eligible company.

(10) Where the relevant court dismisses an application under subsection (2) or approves a modified rescue plan following an alteration under subsection (6)(b), the rescue plan shall, notwithstanding any other enactment, be binding on all the creditors or the class or classes of creditors, as the case may be, affected by the rescue plan in respect of any claim or claims against the eligible company and any person other than the company who, under any enactment, rule of law or otherwise, is liable for all or any part of the debts of the company.]