Part 3Energy Regulation

Chapter 3Special administration regime for energy licensees

Supplemental provision of Chapter 3 of Part 3

I1C1171Interpretation of Chapter 3 of Part 3

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—

    1. a

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

    2. b

      an existing company; or

    3. c

      an unregistered company;

  • “court”—

    1. 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

    2. 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—

    1. a

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

    2. 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).