Energy Act 2004 (c. 20)

Part 3 U.K. Energy Regulation

Chapter 3 U.K. Special administration regime for energy licensees

Restrictions on other insolvency procedures E+W+S

160 Restrictions on winding-up orders E+W+S

(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.

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)

C2 Ss. 156-167 applied (with modifications) (18.12.2011) by Energy Act 2011 (c. 16), ss. 96(1)-(4), 121(3)

C3 Ss. 154-171 modified (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 205(2)-(4) (with rules 3, 208)

C4 Ss. 156-167 applied (with modifications) (23.7.2018) by Smart Meters Act 2018 (c. 14), ss. 4(1)-(4), 14(5)

C5 Ss. 154-171 modified (E.W.) (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 3(2)-(4) (with rule 4(1))

Commencement Information

I1 S. 160 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1