Energy Act 2004

Supplemental provision of Chapter 3 of Part 3 E+W+S

170 Modification of Chapter 3 of Part 3 under Enterprise Act 2002 E+W+S

(1) The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 (c. 40) mentioned in subsection (2) includes power to make such consequential modifications of this Chapter as he considers appropriate in connection with any other provision made under that section.

(2) Those sections are—

(a) sections 248 and 277 (amendments consequential on that Act); and

(b) section 254 (power to apply insolvency law to foreign companies).

Modifications etc. (not altering text)

C1 Ss. 154-171 modified (1.10.2005) by Energy Administration Rules 2005 (S.I. 2005/2483), rules 1, 184 (with rules 3, 187)

Commencement Information

I1 S. 170 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

171 Interpretation of Chapter 3 of Part 3 E+W+S

(1) In this Chapter—

• “the 1986 Act” means the Insolvency Act 1986 (c. 45);

• “business”, “member”, “property” and “security” have the same meanings as in the 1986 Act;

• “company” means—

  (a)

  a company formed and registered under the Companies Act 1985 (c. 6);

  (b)

  an existing company; or

  (c)

  an unregistered company;

• “court”—

  (a)

  in relation to a company other than a Northern Irish joint stock company, means the court having jurisdiction to wind up the company; and

  (b)

  in relation to a Northern Irish joint stock company, means the court that would have jurisdiction to wind it up if it were an unregistered company within the meaning of Part 5 of the 1986 Act;

• “energy administration order” has the meaning given by section 154(1);

• “energy administration rules” means rules made under section 411 of the 1986 Act by virtue of section 159(3) of this Act;

• “energy administrator” has the meaning given by section 154(2) and is to be construed in accordance with subsection (2) of this section;

• “non-GB company” means an unregistered company incorporated outside Great Britain;

• “objective of the energy administration” is to be construed in accordance with section 155;

• “protected energy company” has the meaning given by section 154(5);

• “relevant licence” has the meaning given by section 154(5);

• “unregistered company” means—

  (a)

  an unregistered company within the meaning of Part 5 of the 1986 Act; or

  (b)

  a Northern Irish joint stock company.

(2) In this Chapter references to the energy administrator of a company—

(a) include references to a person appointed under paragraph 91 or 103 of Schedule B1 to the 1986 Act, as applied by Part 1 of Schedule 20 to this Act, to be the energy administrator of that company; and

(b) where two or more persons are appointed to be the energy administrator of that company, are to be construed in accordance with the provision made under section 158(5).

(3) References in this Chapter to a person qualified to act as an insolvency practitioner in relation to a company are to be construed in accordance with Part 13 of the 1986 Act (insolvency practitioners and their qualifications); but as if references in that Part to a company included references to a Northern Irish joint stock company.

(4) For the purposes of this Chapter an application made to the court is outstanding if it—

(a) has not yet been granted or dismissed; and

(b) has not been withdrawn.

(5) For the purposes of subsection (4) an application is not to be taken as having been dismissed if an appeal against the dismissal of the application, or a subsequent appeal, is pending.

(6) An appeal shall be treated as pending for the purposes of subsection (5) if—

(a) such an appeal has been brought and has been neither determined nor withdrawn;

(b) an application for permission to appeal has been made but has not been determined or withdrawn; or

(c) no such appeal has been brought and the period for bringing an appeal is still running.

(7) References in this Chapter to Schedule B1 to the 1986 Act, or to a provision of that Schedule (except the references in subsection (2) of this section), are references to that Schedule or that provision without the modifications made by Part 1 of Schedule 20 to this Act.

(8) In this section—

• “existing company” has the same meaning as in the Companies Act 1985 (c. 6) (see section 735(1) of that Act);

• “Northern Irish joint stock company” means a company registered in Northern Ireland under the Joint Stock Companies Acts (as defined in section 735(3) of the Companies Act 1985).

Modifications etc. (not altering text)

C1 Ss. 154-171 modified (1.10.2005) by Energy Administration Rules 2005 (S.I. 2005/2483), rules 1, 184 (with rules 3, 187)

Commencement Information

I2 S. 171 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1