The Energy Administration Rules 2005

CHAPTER 2 E+W Machinery of proving a debt

Proving a debt E+W

40.—(1) A person claiming to be a creditor of the protected energy company and wishing to recover his debt in whole or in part must (subject to any order of the court to the contrary) submit his claim in writing to the energy administrator.

(2) A creditor who claims is referred to as “proving” for his debt and a document by which he seeks to establish his claim is his “proof”.

(3) Subject to the next paragraph, a proof must—

(a) be made out by, or under the direction of, the creditor and signed by him or a person authorised in that behalf; and

(b) state the following matters—

(i) the creditor’s name and address;

(ii) the total amount of his claim as at the date on which the protected energy company entered energy administration, less any payments that have been made to him after that date in respect of his claim and any adjustment by way of set-off in accordance with Rule 53;

(iii) whether or not the claim includes outstanding uncapitalised interest;

(iv) whether or not the claim includes value added tax;

(v) whether the whole or any part of the debt falls within any, and if so, which categories of preferential debts under section 386(1) of the 1986 Act;

(vi) particulars of how and when the debt was incurred by the protected energy company;

(vii) particulars of any security held, the date on which it was given and the value which the creditor puts on it;

(viii) details of any reservation of title in respect of goods to which the debt refers; and

(ix) the name, address and authority of the person signing the proof (if other than the creditor himself).

(4) There shall be specified in the proof details of any documents by reference to which the debt can be substantiated; but (subject as follows) it is not essential that such document be attached to the proof or submitted with it.

(5) The energy administrator may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim made in the proof.

Commencement Information

I1 Rule 40 in force at 1.10.2005, see rule 1

Claim established by affidavit E+W

41.—(1) The energy administrator may, if he thinks it necessary, require a claim of debt to be verified by means of an affidavit in Form EA18.

(2) An affidavit may be required notwithstanding that a proof of debt has already been lodged.

Commencement Information

I2 Rule 41 in force at 1.10.2005, see rule 1

Costs of proving E+W

42.  Unless the court otherwise orders—

(a) every creditor bears the cost of proving his own debt, including costs incurred in providing documents or evidence under Rule 40(5); and

(b) costs incurred by the energy administrator in estimating the quantum of a debt under Rule 49 are payable out of the assets as an expense of the energy administration.

Commencement Information

I3 Rule 42 in force at 1.10.2005, see rule 1

Energy administrator to allow inspection of proofs E+W

43.  The energy administrator shall, so long as proofs lodged with him are in his hands, allow them to be inspected, at all reasonable times on any business day, by any of the following persons—

(a) any creditor who has submitted a proof of debt (unless his proof has been wholly rejected for purposes of dividend or otherwise);

(b) any contributory of the protected energy company; and

(c) any person acting on behalf of either of the above.

Commencement Information

I4 Rule 43 in force at 1.10.2005, see rule 1

New energy administrator appointed E+W

44.—(1) If a new energy administrator is appointed in place of another, the former energy administrator shall transmit to him all proofs which he has received, together with an itemised list of them.

(2) The new energy administrator shall sign the list by way of receipt for the proofs, and return it to his predecessor.

Commencement Information

I5 Rule 44 in force at 1.10.2005, see rule 1

Admission and rejection of proofs for dividend E+W

45.—(1) A proof may be admitted for dividend either for the whole amount claimed by the creditor, or for part of that amount.

(2) If the energy administrator rejects a proof in whole or in part, he shall prepare a written statement of his reasons for doing so, and send it as soon as reasonably practicable to the creditor.

Commencement Information

I6 Rule 45 in force at 1.10.2005, see rule 1

Appeal against decision on proof E+W

46.—(1) If a creditor is dissatisfied with the energy administrator’s decision with respect to his proof (including any decision on the question of preference), he may apply to the court for the decision to be reversed or varied. The application must be made within 21 days of his receiving the statement sent under Rule 45(2).

(2) Any other creditor may, if dissatisfied with the energy administrator’s decision admitting or rejecting the whole or any part of a proof, make such an application within 21 days of becoming aware of the energy administrator’s decision.

(3) Where application is made to the court under this Rule, the court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant to the creditor who lodged the proof in question (if it is not himself) and the energy administrator.

(4) The energy administrator shall, on receipt of the notice, file with the court the relevant proof, together (if appropriate) with a copy of the statement sent under Rule 45(2).

(5) After the application has been heard and determined, the proof shall, unless it has been wholly disallowed, be returned by the court to the energy administrator.

(6) The energy administrator is not personally liable for costs incurred by any person in respect of an application under this Rule unless the court otherwise orders.

Commencement Information

I7 Rule 46 in force at 1.10.2005, see rule 1

Withdrawal or variation of proof E+W

47.  A creditor’s proof may at any time, by agreement between himself and the energy administrator, be withdrawn or varied as to the amount claimed.

Commencement Information

I8 Rule 47 in force at 1.10.2005, see rule 1

Expunging of proof by the court E+W

48.—(1) The court may expunge a proof or reduce the amount claimed—

(a) on the energy administrator’s application, where he thinks that the proof has been improperly admitted, or ought to be reduced; or

(b) on the application of a creditor, if the energy administrator declines to interfere in the matter.

(2) Where application is made to the court under this Rule, the court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant—

(a) in the case of an application by the energy administrator, to the creditor who made the proof; and

(b) in the case of an application by a creditor, to the energy administrator and to the creditor who made the proof (if not himself).

Commencement Information

I9 Rule 48 in force at 1.10.2005, see rule 1

(1)

1986 c. 45, as amended by the Pension Schemes Act 1993 c. 48, section 190 and Schedule 8, paragraph 18 and the Enterprise Act 2002 c. 40, section 251(3).