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PART 2APPOINTMENT OF ENERGY ADMINISTRATOR BY COURT

The hearing

12.—(1) At the hearing of the energy administration application, any of the following may appear or be represented—

(a)the Secretary of State;

(b)GEMA;

(c)the protected energy company;

(d)one or more of the directors;

(e)if an administrative receiver has been appointed, that person;

(f)any person who has presented a petition for the winding-up of the protected energy company;

(g)the person proposed for appointment as energy administrator;

(h)any person that is the holder of a qualifying floating charge;

(i)any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act;

(j)any creditor who has served notice in accordance with section 164 of the 2004 Act of his intention to enforce his security over the protected energy company’s property;

(k)any supervisor of a voluntary arrangement under Part I of the 1986 Act;

(l)with the permission of the court, any other person who appears to have an interest justifying his appearance.

(2) If the court makes an energy administration order, it shall be in Form EA4.

(3) If the court makes an energy administration order, the costs of the applicant, and of any person whose costs are allowed by the court, are payable as an expense of the energy administration.