Energy Act 2004

Part 3 E+W+S Further Schedule B1 modifications for unregistered companies

Introductory E+W+S

33 (1) Where the provisions of Schedule B1 to the 1986 Act specified in paragraph 2 of this Schedule (as modified by Part 2 of this Schedule) have effect in relation to an unregistered company, they shall do so subject to the further modifications that are set out— E+W+S

(a) in this Part of this Schedule; or

(b) in an order made by the Secretary of State for the purposes of this paragraph.

(2) An order under this paragraph may include modifications of paragraphs 35 to 40.

(3) An order under this paragraph is subject to the negative resolution procedure.

Commencement Information

I1 Sch. 20 para. 33 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

34 E+W+S In paragraphs 35 to 40—

(a) the provisions of Schedule B1 to the 1986 Act that are specified in paragraph 2 are referred to as the applicable provisions; and

(b) references to those provisions, or to provisions comprised in them, are references to those provisions as modified by Part 2 of this Schedule.

Commencement Information

I2 Sch. 20 para. 34 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

Modifications E+W+S

35 E+W+S In the case of an unregistered company—

(a) paragraphs 42(2), 83 and 84 of Schedule B1 to the 1986 Act do not apply;

(b) paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed by virtue of section 691(1) or 718 of the Companies Act 1985 (c. 6); and

(c) paragraph 61 of that Schedule does not apply if the company is a non-GB company.

Commencement Information

I3 Sch. 20 para. 35 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

36 (1) The applicable provisions and Schedule 1 to the 1986 Act (as applied by paragraph 60(1) of Schedule B1 to that Act) are to be construed in the case of a non-GB company by reference to the limitation imposed upon the scope of the energy administration order in question by virtue of section 154(4) of this Act. E+W+S

(2) Sub-paragraph (1) has effect, in particular, so that—

(a) a power conferred, or duty imposed, upon the energy administrator by or under the applicable provisions or Schedule 1 to the 1986 Act is to be construed as being conferred or imposed only in relation to the affairs and business of the company so far as carried on in Great Britain and to its property in Great Britain;

(b) references to the affairs, business or property of the company are to be construed as references to its affairs or business so far as carried on in Great Britain or to its property in Great Britain;

(c) references to goods in the company’s possession are to be construed as references to goods in the possession of the company in Great Britain;

(d) references to premises let to the company are to be construed as references to premises let to the company in Great Britain;

(e) references to legal process instituted or continued against the company or property of the company are to be construed as references to such legal process relating to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain.

Commencement Information

I4 Sch. 20 para. 36 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

37 (1) Paragraph 41 of Schedule B1 to the 1986 Act (dismissal of receivers) has effect in the case of a non-GB company as if— E+W+S

(a) for sub-paragraph (1) there were substituted the sub-paragraphs set out in sub-paragraph (2) of this paragraph; and

(b) sub-paragraphs (2) to (4) of that paragraph were omitted.

(2) The sub-paragraphs treated as substituted for paragraph 41(1) are—

“(1) Where an energy administration order takes effect in respect of a company—

(a) a person appointed to perform functions equivalent to those of an administrative receiver, and

(b) if the energy administrator so requires, a person appointed to perform functions equivalent to those of a receiver,

shall refrain, during the period specified in sub-paragraph (1A), from performing those functions in Great Britain or in relation to any of the company’s property in Great Britain.

(1A) That period is—

(a) in the case of a person mentioned in sub-paragraph (1)(a), the period while the company is in energy administration; and

(b) in the case of a person mentioned in sub-paragraph (1)(b), during so much of that period as is after the date on which he is required by the energy administrator to refrain from performing his functions.”

Commencement Information

I5 Sch. 20 para. 37 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

38 E+W+S Paragraph 43(6A) of Schedule B1 to the 1986 Act (moratorium on appointment to receiverships) has effect in the case of a non-GB company as if for “An administrative receiver” there were substituted “ A person with functions equivalent to those of an administrative receiver ”.

Commencement Information

I6 Sch. 20 para. 38 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

39 E+W+S Paragraph 44(7) of Schedule B1 to the 1986 Act (proceedings to which interim moratorium does not apply) has effect in the case of a non-GB company as if for paragraph (d) there were substituted—

“(d) the carrying out of his functions by a person who (whenever his appointment) has functions equivalent to those of an administrative receiver of the company.”

Commencement Information

I7 Sch. 20 para. 39 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

40 E+W+S Paragraph 64 of Schedule B1 to the 1986 Act (general powers of administrator) has effect in the case of a non-GB company as if—

(a) in sub-paragraph (1), after “power” there were inserted “ in relation to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain ”; and

(b) in sub-paragraph (2)(b), after “instrument” there were inserted “ or by the law of the place where the company is incorporated ”.

Commencement Information

I8 Sch. 20 para. 40 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1