The Energy Supply Company Administration Rules 2013

Fixing of remuneration U.K.

76.—(1) The energy administrator is entitled to receive remuneration for the energy administrator's services.

(2) The remuneration shall be fixed by reference to the time properly given by the energy administrator and the energy administrator's staff in attending to matters arising in the energy supply company administration.

(3) The remuneration of the energy administrator shall be fixed by the court and the energy administrator must make an application to court accordingly.

(4) The energy administrator must give at least 14 days' notice of the energy administrator's application to the following, who may appear or be represented—

(a) the Secretary of State;

(b) GEMA; and

(c) the creditors of the energy supply company.

(5) In fixing the remuneration, the court must have regard to the following matters—

(a) the complexity (or otherwise) of the case;

(b) any respects in which, in connection with the energy supply company's affairs, there falls on the energy administrator any responsibility of an exceptional kind or degree;

(c) the effectiveness with which the energy administrator appears to be carrying out, or to have carried out, the energy administrator's duties as such; and

(d) the value and nature of the property with which the energy administrator has to deal.

(6) Where there are joint energy administrators, it is for them to agree between themselves as to how the remuneration payable should be apportioned. Any dispute arising between them may be referred to the court for settlement by order.

(7) If the energy administrator is a solicitor and employs the energy administrator's own firm, or any partner in it, to act on behalf of the energy supply company, profit costs must not be paid unless this is authorised by the court.