8. Remuneration: apportionment of set fees

(1) In a case (including in a members' voluntary winding-up) in which the basis of the Office-holder's remuneration is a set amount under paragraph 2(2)(c) (Remuneration: principles) of this Schedule and the former Office-holder ceases (for whatever reason) to hold office before the time has elapsed or the work has been completed in respect of which the amount was set, application may be made for determination of what portion of the amount should be paid to the former Office-holder or the former Office-holder's personal representative in respect of the time which has actually elapsed or the work which has actually been done.
(2) Application may be made —
(a) by the former Office-holder or the former Office-holder's personal representative within the period of 28 days beginning with the date upon which the former Office-holder ceased to hold office; or
(b) by the Office-holder for the time being in office if the former Office-holder or the former Office-holder's personal representative has not applied by the end of that period.
(3) Application must be made —
(a) where the creditors' committee fixed the basis, to the creditors' committee;
(b) where the creditors fixed the basis, to the creditors for a resolution determining the portion;
(c) where the Company in general meeting fixed the basis, to the Company for a resolution determining the portion; or
(d) where the Court fixed the basis, to the Court for an order determining the portion.
(4) The applicant must deliver a copy of the application to the Office-holder for the time being or to the former Office-holder or the former Office-holder's personal representative, as the case may be ("the recipient").
(5) The recipient may, within 21 days of receipt of the copy of the application, deliver notice of intent to —
(a) make representations to —
(i) the creditors' committee;
(ii) the creditors; or
(iii) the Company in general meeting; or
(b) appear or be represented before the Court, as the case may be.
(6) No determination may be made upon the application until expiry of the 21 days referred to in sub-paragraph (5) or, if the recipient does deliver notice of intent in accordance with that sub-paragraph, until the recipient has been afforded the opportunity to make representations or to appear or be represented, as the case may be.
(7) If the former Office-holder or the former Office-holder's personal representative (whether or not the original applicant) considers that the portion determined upon application to the creditors' committee or the creditors is insufficient, that person may apply —
(a) in the case of a determination by the creditors' committee, to the creditors for a resolution increasing the portion; or
(b) in the case of a resolution of —
(i) the creditors (whether under sub-paragraph (3)(b) or under sub-paragraph (7)(a)); or
(ii) the Company in general meeting,
to the Court for an order increasing the portion
and sub-paragraphs (4) to (6) apply as appropriate.