Part 3Energy Regulation

Chapter 3Special administration regime for energy licensees

Restrictions on other insolvency procedures

I1C1C2C3C4C5160Restrictions 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 Secretary of State.

2

The court is not to exercise its powers on a winding-up petition unless—

a

notice of the petition has been served both on the Secretary of State and on GEMA; and

b

a period of at least fourteen 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 court in accordance with section 156(1) before a winding-up order is made on the petition, the court may exercise its powers under section 157, instead of exercising its powers on a winding-up petition.

4

References in this section to the court’s powers on a winding-up petition are references to—

a

its powers under section 125 of the 1986 Act (other than its power of adjournment); and

b

its powers under section 135 of that Act.