PART 2SPECIAL ADMINISTRATION REGIME FOR PROTECTED ENERGY COMPANIES
Restrictions on other insolvency procedures
23Restrictions on winding-up orders
1
This section applies where a petition for the winding up of a protected energy company is presented by a person other than the Department.
2
The High Court is not to exercise its powers on a winding-up petition unless—
a
notice of the petition has been served both on the Department and on the Authority; and
b
a period of at least 14 days has elapsed since the service of the last of those notices to be served.
3
If an application for an energy administration order in relation to the company is made to the High Court in accordance with section 19(1) before a winding-up order is made on the petition, the Court may exercise its powers under section 20, instead of exercising its powers on a winding-up petition.
4
References in this section to the High Court’s powers on a winding-up petition are references to—
a
its powers under Article 105 of the Insolvency Order (other than its power of adjournment); and
b
its powers under Article 115 of that Order.